Category Archives: High Court

Abduction and asylum: Supreme Court holds child named on parent’s asylum application is protected from refoulement

G v G [2021] UKSC 9 (19 March 2021)  The Supreme Court has held that a child named as a dependant on her parent’s asylum claim who could objectively be understood to have made a request for international protection had … Continue reading

Posted in Appeals, Asylum, Brexit, Child Abduction, High Court, Immigration Rules, Refugee Convention, South Africa, UKSC | Tagged , , , , , , | Leave a comment

Syria returnee’s proceedings do not breach right to fair trial

QX v Secretary of State for the Home Department [2020] EWHC 2508 (Admin) (21 September 2020) “QX” the claimant for judicial review was a British jihadi who had spent time in Syria. He aligned himself with a group that was … Continue reading

Posted in Article 6, Article 8, Disclosure, ECHR, High Court, ISIS/ISIL, Islam, Judicial Review, Politics, Syria, Terrorism | Tagged , , , , , , | Leave a comment

Court of Appeal clarifies asylum bars in child abduction cases

G (A Child: Child Abduction) [2020] EWCA Civ 1185 (15 September 2020)  The Court of Appeal has held that Lieven J (the High Court Judge) had been wrong to stay proceedings on the basis that there was a bar to … Continue reading

Posted in Article 8, Asylum, Child Abduction, Children, Court of Appeal, ECHR, Families, Habitual Residence, Hague Convention, High Court, Immigration Rules, International Law, Lady Hale, Pakistan, Refugee Convention, Removals, South Africa, Spouses, UKSC | Tagged , , , , , , , , , , , | Leave a comment

High Court orders asylum-seeker’s return to pursue appeal 

PN (Uganda) v The Secretary of State for the Home Department [2019] EWHC 1616 (Admin) (24 June 2019) In these judicial review proceedings, brought by “PN”, Lewis J held that the dismissal of a Ugandan woman’s appeal against the refusal … Continue reading

Posted in Africa, Article 3, Article 8, Asylum, Court of Appeal, Dyson JSC/MR, High Court, Judicial Review, Persecution, Refugee Convention, Tribunals, Uganda, Women, Yarl's Wood IRC | Tagged , , , , , | Leave a comment

High Court on British Citizenship and Fact Finding

R (Din) v Secretary of State for the Home Department [2018] EWHC 1046 (Admin) (04 May 2018) These judicial review proceedings arose out of a trio of refusals – dated 14 July 2016, 16 December 2016 and 22 September 2017 … Continue reading

Posted in Article 6, Cases, Citizenship and Nationality, Court of Appeal, ECHR, Entry Clearance, False Statements and Misrepresentations, High Court, Human Rights Act, India, Judicial Review, Nationality, Pakistan, Visitors, Women | Tagged , , , , , | Leave a comment

Brexit and the Rule of Law

R (Miller & Anor) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (03 November 2016) Gina Miller says she brought these proceedings to preserve the rule of law. The businesswoman explains that when she … Continue reading

Posted in Brexit, Business, Citizens Directive, CJEU, Economy, European Union, Hale JSC, High Court, Homophobia, Judges, Miller, Neuberger PSC, Pakistan, UKSC | Tagged , , , , , , | 3 Comments

The Sick Man of Europe: Can Theresa May Save the UK?

These days the British rule with two queens but they are still quite sick. Of course, the ills of their country are almost exclusively related to Brexit – a meaningless word not long ago. “Change is in the air” and … Continue reading

Posted in Banks, Blogging, Brexit, Business, Cases, Citizens Directive, Citizenship and Nationality, Employment, Financial Services, High Court, Immigration Act 2014, Pakistan, Politics, Students | Tagged , , , , , | Leave a comment

Construing the Rules: High Court to the Rescue

Amin, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2813 (Admin) One of the worst things that can happen to any immigration subject is for their application to be declared “invalid”. The consequences … Continue reading

Posted in Domestic Violence, High Court, Immigration Rules, Manchester, Pakistan, Spouse visa, Women | Tagged , | Leave a comment

POCA: seizure, detention and forfeiture of cash

What do two suitcases – stuffed with £10 and £20 notes totalling £50,000 – being checked-in from London to Istanbul have in common with a submission of no case to answer and the Proceeds of Crime Act 2002 (“POCA”)? Secretary of … Continue reading

Posted in Cases, Crime, Crown Court, Heathrow, High Court, POCA, Turkey | Tagged , , , , , | Leave a comment

Constitutional cases in the points-based system

Although many facets of immigration control in the UK can be changed there are some matters of principle which executive power cannot vary without the consent of Parliament. Equally, the debate about the exercise of the home secretary’s discretionary powers … Continue reading

Posted in Article 8, Cases, Constitution, Court of Appeal, High Court, Immigration Law, PBS, Sedley LJ, UKSC | Tagged , , , , | 2 Comments

Case Comment: Shepherd Masimba Kambadzi (FC) (Appellant) v SSHD (Respondent) [2011] UKSC 23

The summarised facts of this case are that Shepherd Masimba Kambadzi (“SMK”), a national of Zimbabwe, arrived in the United Kingdom as a visitor with 6 months’ leave to enter on 30 October 2002. Subsequently, his leave was extended until … Continue reading

Posted in Article 5, Asylum, Court of Appeal, Detention, ECHR, Enforcement, High Court, Immigration Law, Private Prisons, Removals, UKBA, UKSC, Zimbabwe | Tagged , , , , , | Leave a comment