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UKVI News and Updates- Guidance: UKRI endorsement: endorsed funders (Global Talent visa)
- Guidance: Powers and operational procedure: caseworker guidance
- Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa)
- Guidance: Pakistan: country policy and information notes
- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: Unaccompanied asylum seeking children and leaving care: funding instructions
- Guidance: Visitors and transit: customer service standards
- Guidance: Visa processing times: applications outside the UK
- Transparency data: Ukraine Visa Schemes: visa data
- Global Corporate Law
- Key Features of the Singapore Convention on Mediation
- What is the test for a ‘one man company’?
- LIBOR: The Final Nail in the Coffin?
- Banking and Misconduct: A Critique of the Cure of Culture
- Court of Appeal Opens the Door to LIBOR and Benchmark Misrepresentation Claims
- Habib Bank Expelled From New York
- Supreme Court: Equity’s Darling and Guidance on Enforceability of Trusts where the Institution is Unknown
- Conduct Costs on the Rise (2012-2016): No End in Sight
- Supreme Court Clarifies the Law on Security and Enforcement of Foreign Arbitration Awards
- FSMA and Third Party Rights: Victory for FCA in Supreme Court
- Immigration News
- Starmer has laid out his plan to tackle asylum. Will it actually work? | Sunder Katwala
- ‘If Jacob Rees-Mogg wants to join us’ … Was Natalie Elphicke’s defection a step too far for Labour?
- Home Office faces legal challenge over risk of lone children being sent to Rwanda
- ‘Self-defeating’: senior Tories warn Sunak against clampdown on international students
- Revealed: thousands of ‘innocent and abandoned’ migrant care workers told to leave UK
- Labour government would halt Rwanda deportations from day one, Starmer says
- ‘Cringeworthy’: what people in Dover think of Labour and Keir Starmer – video
- Rebecca Hendin on small boats and the Eurovision song contest – cartoon
- ‘Hard truths’: how far will Starmer push to show Labour has changed?
- Home Office U-turn lets woman stay in UK with husband and son
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Category Archives: ECHR
Home Office wins in Supreme Court against Belarusian man with “limbo” status
R (AM (Belarus)) v Secretary of State for the Home Department [2024] UKSC 13 (24 April 2024) The Supreme Court has allowed the Home Office’s appeal in the case of AM who was a Belarusian who stayed in “limbo” by … Continue reading
Posted in Appeals, Article 8, Asylum, Crime, Deportation, ECHR, ECtHR, False Statements, Hostile Environment, Immigration Rules, Judicial Review, Public Interest, Statelessness, UKSC
Tagged Article 8, Case Law, Court of Appeal, ECHR, Immigration Rules, Judicial Review, Tribunals, UK Supreme Court
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Somali ILR holder stranded in Africa for 16 years succeeds in Cart judicial review in Court of Appeal
Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 (17 April 2024) Andrews LJ described this case as “most extraordinary”. The Court of Appeal held that FTTJ Rhys Davies had erred in his interpretation of … Continue reading
Woman resident in the UK for 39 years loses deportation battle
Khadija Akhtar v Secretary of State for the Home Department [2024] EWCA Civ 354 (16 April 2024) The Court of Appeal has dismissed the appeal of Mrs Akhtar who had been resident in the UK for 39 years (since 1985). … Continue reading
Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, Deportation, ECHR, Immigration Act 2014, Pakistan, Permanent Residence, Proportionality, Public Interest, Tribunals, UKBA 2007
Tagged Article 8, Automatic Deportation, Case Law, Court of Appeal, ECHR, FIA, Pakistan, Settlement, Tribunals
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Failure to conduct statistical data monitoring on provision of accommodation to vulnerable PNMAS breaches PSED
R (DXK, Ivory Coast) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (15 March 2024) In these intricate proceedings, an asylum seeker and new mother known as “DXK” who was a national of the Ivory Coast … Continue reading
Posted in Article 14, Article 3, Article 8, Asylum, ECHR, High Court, Human Rights Act, Ivory Coast, Judicial Review, PNMAS, PSED, Women
Tagged Accommodation, Article 8, ECHR, Judicial Review, PNMAS, PSED, Women
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HC 590: Changes to MIR, Skilled Worker and other rules
Statement of Changes in the Immigration Rules HC 590 introduces much higher new minimum income requirements (MIR) which were announced by the Home Office on 4 December 2023 in what the Home Secretary James Cleverly called his “five-point plan” to reduce … Continue reading
Posted in Appendix EU, Appendix FM, Article 8, ECHR, Immigration Rules, MIR, Settlement, Skilled Worker, Spouses
Tagged Article 8, Immigration Rules
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Trafficking plea fails Shamima Begum in Court of Appeal
Begum v Secretary of State for the Home Department [2024] EWCA Civ 152 (23 February 2024) The Court of Appeal has held that the SSHD had not erred in depriving Shamima Begum of her British citizenship pursuant to section 40(2), on … Continue reading
Posted in Appeals, Bangladesh, Children, Court of Appeal, Deprivation of Citizenship, ECAT, ECHR, ECtHR, Fairness, Human Trafficking, ISIS/ISIL, Muslims, Proportionality, SIAC, Statelessness, Syria, Terrorism, UKSC
Tagged British Citizenship, Case Law, Court of Appeal, ECHR, Human Trafficking, Statelessness, UK Supreme Court
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Three year delay in making decision on application is lawful
Zhou & Ors, R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 81 (07 February 2024) The Court of Appeal has held that UT Judge Frances had not erred in refusing a family … Continue reading
Court of Appeal: FTT failed to apply Iran country guidance to Kurdish asylum seeker’s case
FA (Iran) v Secretary of State for the Home Department [2024] EWCA Civ 149 (22 February 2024) The Court of Appeal has held that the UT should have concluded that the FTT had failed to apply the current Iran country … Continue reading
Posted in Article 3, Asylum, Court of Appeal, ECHR, Iran, Kurds, Persecution, Statelessness, Tribunals, UKSC
Tagged Asylum, Case Law, Court of Appeal, ECHR, Iran, Kurds, Tribunals, UK Supreme Court
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Court of Appeal quashes Upper Tribunal’s article 8 decision in deception case
Kaur v Secretary of State for the Home Department [2023] EWCA Civ 1353 (17 November 2023) In this case, the Court of Appeal remitted to the Upper Tribunal an Indian national’s claim based on the right to respect for family … Continue reading
Court of Appeal: ‘Very significant obstacles to integration’ is an objective test
NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023) The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set … Continue reading
Posted in Article 8, Asylum, Court of Appeal, ECHR, Immigration Rules, Tribunals
Tagged Article 8, Asylum, Case Law, Court of Appeal, ECHR, Immigration Rules, Tribunals
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SSHD’s Rwanda policy appeal dismissed by Supreme Court
R (on the application of AAA (Syria) & Ors) v SSHD [2023] UKSC 42 (15 November 2023) In this judgment, unanimously dismissing the SSHD’s appeal, the Supreme Court agreed with the Court of Appeal’s conclusion that the Rwanda policy is … Continue reading
Winning for JO: An Afghani ADR case
Obtaining entry clearance for an Adult Dependant Relative (ADR) is a difficult task these days. The rules are stringent and applications are routinely refused and appeals take ages to get heard. But in credible cases it is possible to secure … Continue reading
Posted in ADR, Afghanistan, Appendix FM, Article 8, Court of Appeal, Deception, ECHR, ECOs, Immigration Rules, Pakistan, Proportionality, Public Interest, Tribunals
Tagged ADR, Afghanistan, Article 8, ECHR, Immigration Rules, Tribunals
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Upper Tribunal: Postponing biometrics and entry clearance
R (MRS & Anor) v ECO (Biometrics, Entry Clearance, Article 8) [2023] UKUT 85 (IAC) (30 Mar 2023) The Upper Tribunal thinks that it is open for the Home Office, in line with article 8 of the ECHR, to have a biometric … Continue reading
Posted in Afghanistan, Article 8, Asylum, Biometrics, Children, ECHR, Entry Clearance, Immigration Rules, Judicial Review, Taliban
Tagged Article 8, Asylum, Case Law, ECHR, Judicial Review, Tribunals
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Court of Appeal rejects wide reading of Chikwamba principle
Alam & Anor v Secretary of State for the Home Department [2023] EWCA Civ 30 (19 January 2023) The Court of Appeal found in these cases that Chikwamba is only relevant if the SSHD refuses an application on the narrow procedural … Continue reading
Court of Appeal: UT should normally re-make decision instead of remitting case to FTT
AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022) In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal … Continue reading
Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Fairness, Nigeria, Public Interest, Tribunals, UKBA 2007, UKSC
Tagged Appeals, Article 8, Court of Appeal, ECHR, Fairness, Re-making, Remitting, Tribunals, UK Supreme Court
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Policy of removing asylum seekers to Rwanda is lawful
AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230 (Admin) (19 December 2022) The High Court has held that the SSHD’s policy of removing asylum seekers to Rwanda to have their asylum claims determined there rather … Continue reading
Posted in Africa, Article 3, Asylum, ECHR, Immigration Rules, Israel, Judicial Review, MEDP, Parliament, Refugee Convention, Removals, Rwanda
Tagged Asylum, ECHR, Human Rights Act 1998, Immigration Rules, Judicial Review, MEDP, Rwanda, UK Supreme Court, UNHCR
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ZH (Tanzania) distinguished by Court of Appeal
L3 v Secretary of State for the Home Department [2022] EWCA Civ 1357 (21 October 2022) In the case of “L3”, the Court of Appeal held that the SSHD had been entitled to exclude a Libyan national from the UK … Continue reading
Posted in Appeals, Article 8, Children, Court of Appeal, ECHR, Lady Hale, Libya, Nationality, s 55 BCIA, Terrorism, UKSC
Tagged Article 8, Case Law, Court of Appeal, ECHR, European Union, Expulsion, SIAC, UK Supreme Court, Zambrano
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KO (Nigeria) judgment does not set out a ‘notional comparator’ baseline test
HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22 (20 July 2022) The three respondents—HA (an Iraqi), RA (an Iraqi) and AA (a Nigerian)—were “foreign criminals” for the purposes of section 32 of the UK Borders Act 2007 and … Continue reading
Supreme Court allows Jamaican criminal’s appeal
SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15 (15 June 2022) The Supreme Court allowed the complex deportation appeal of “SC”, a Jamaican national born in 1991 who arrived in the UK in December 2001 … Continue reading
Upper Tribunal: Guidance on mental health experts
HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) (25 March 2022) This important guidance concerned the correct approach to be adopted in a human rights appeal in which it is argued that removing an individual from, or … Continue reading
Posted in Appeals, Article 3, Asylum, ECHR, ECtHR, Expert Evidence, Human Rights Act, Sri Lanka
Tagged Asylum, Case Law, ECHR, Psychiatric Reports, Sri Lanka, Tribunals
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