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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: Human Rights Act
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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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
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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Court of Appeal upholds quashing of HMPO’s refusal to accept a mother’s applications for her children’s British passports
Secretary of State for the Home Department v GA & Ors [2021] EWCA Civ 1131 (23 July 2021) On the SSHD’s appeal, the Court of Appeal held that Chamberlain J had been entitled to quash a refusal by Her Majesty’s … Continue reading
Limited leave to remain does not knock out a Zambrano claim
R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021) Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the … Continue reading
Posted in Appendix EU, Appendix FM, Article 8, Brexit, Children, CJEU, Court of Appeal, ECHR, European Union, EUSS, Human Rights Act, Immigration Rules, Judicial Review, NRPF, Permanent Residence, UKSC, Zambrano
Tagged Article 8, Brexit, Court of Appeal, ECHR, European Union, EUSS, Immigration Rules, Judicial Review, UK Supreme Court, Zambrano
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Shamima Begum: SSHD strikes back in Supreme Court
R (Begum) v Special Immigration Appeals Commission & Anor [2021] UKSC 7 (26 February 2021) Ms Shamima Begum was born and raised in the UK. She was a British citizen at birth and at age 15 she travelled to Syria … Continue reading
Posted in Access to Justice, Appeals, Article 2, Article 3, Article 6, Citizenship and Nationality, Court of Appeal, Deprivation of Citizenship, ECHR, Entry Clearance, Human Rights Act, Human Trafficking, Iraq, ISIS/ISIL, Judicial Review, Statelessness, Syria, UKSC
Tagged British Nationality, Case Law, Court of Appeal, ECHR, Judicial Review, SIAC, Terrorism, UK Supreme Court
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Permission to work guidance for asylum seekers is unlawful
R (IJ (Kosovo)) v Secretary of State for the Home Department [2020] EWHC 3487 (Admin) (18 December 2020) The claimant, “IJ”, was a citizen of Kosovo who was determined to be a refugee and a victim of trafficking. During the … Continue reading
Posted in Article 4, Article 8, Asylum, Costs, ECAT, ECHR, Human Rights Act, Human Trafficking, Immigration Rules, Judicial Review, Persecution, Working
Tagged Asylum, Case Law, ECAT, European Union, Immigration Rules, Refugee Convention
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Court of Appeal on Nikah and non-qualifying ceremonies
HM Attorney General v Akhter & Ors [2020] EWCA Civ 122 (14 February 2020) This was an important judgment which was given earlier in the year. The Court of Appeal held that an Islamic ceremony of marriage which was not … Continue reading
Posted in Article 12, Article 8, Divorce, ECHR, Families, Family Court, Human Rights Act, Islam, Nikah, non-marriage, Pakistan, Spouses, UKSC
Tagged Article 12, Article 8, Case Law, Court of Appeal, ECHR, Nikah, Spouses, UK Supreme Court
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NRPF regime breaches Article 3 of the ECHR and is unlawful
R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin) (21 May 2020) The “no recourse to public funds” or “NRPF” condition produces the effect of … Continue reading
Upper Tribunal: Policy on fee waivers is unlawful
In R (otao Dzineku-Liggison) v SSHD [JR/2249/2019], the UT held that the Home Office’s policy on fee waivers, namely the Fee Waiver: Human Rights-based and other specified applications, version 3.0 (dated 4 January 2019), is unlawful. UTJ Blundell took the … Continue reading
Mother of British child fails on Chikwamba and Zambrano
Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020) Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading
Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC
Tagged Article 8, Case Law, Children, Court of Appeal, ECHR, European Union, Immigration Rules, Spouses, Tribunals, UK Supreme Court
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Supreme Court embraces Paposhvili and departs from N
AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 (29 April 2020) This appeal provided the Supreme Court the opportunity to consider whether to return a foreign criminal (“AM”) to Zimbabwe would violate his human rights … Continue reading
Posted in Appeals, Article 3, Article 8, Asylum, Court of Appeal, Crime, Deportation, ECHR, Human Rights Act, Medical Cases, Public Interest, Settlement, Tribunals, UKSC, Zimbabwe
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Tribunals, UK Supreme Court
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Court of Appeal upholds right to rent checks
Secretary of State for the Home Department v R (otao The Joint Council for The Welfare of Immigrants) [2020] EWCA Civ 542 (21 April 2020) Davis, Henderson and Hickinbottom LJJ have held that the statutory scheme (the “right to rent … Continue reading
Posted in Article 8, Court of Appeal, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Judicial Review, Parliament, Politics, Public Interest, UKSC
Tagged Article 8, Case Law, Court of Appeal, Criminal Offences, ECHR, European Union, Right to rent, UK Supreme Court
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Court of Appeal: Section 117B(6) of the NIAA 2002 requires a “fact-finding” approach
Runa v Secretary of State for the Home Department [2020] EWCA Civ 514 (08 April 2020) In this appeal Singh LJ accepted, and Baker LJ and Cobb J concurred, the submission that section 117B(6) of the Nationality, Immigration and Asylum … Continue reading
Posted in Article 8, Children, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Removals, UKSC
Tagged Article 8, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Removals, UK Supreme Court
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Domestic violence claim is not a human rights claim
MY (refusal of human rights claim: Pakistan) [2020] UKUT 89 (IAC) (27 February 2020) This decision brings further detriment to applicants relying on the domestic violence rules to obtain leave to remain. The result is that the Home Office can … Continue reading
Posted in Appeals, Appendix FM, Article 3, Article 8, COVID-19, Domestic Violence, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement, Spouses, Tribunals
Tagged Article 8, Case Law, ECHR, Immigration Rules, Judicial Review, Spouses, Tribunals
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MLA without death penalty assurance breaches the DPA
Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 (25 March 2020) This judgment his about a number of things. It is about mutual legal assistance (MLA), it is about the Islamic State in Iraq and Syria/Levant … Continue reading
Posted in Article 2, Cases, COVID-19, CPS, Crime, Deportation, ECHR, Human Rights Act, Judicial Review, Politics, Terrorism, UKSC
Tagged Criminal Offences, Detention, ECHR, Judicial Review, MLA, Terrorism, UK Supreme Court
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Court of Appeal: Substance not form grounds a family life
Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 (12 March 2020) Sir Ernest Ryder and Bean and King LJJ have held that dependency, in the strict sense provided for in Kugathas [2003] EWCA Civ 31, … Continue reading
Posted in Article 8, Bangladesh, Child Abduction, Children, Court of Appeal, ECHR, Families, Human Rights Act, Human Trafficking, Immigration Rules, Judges, Sedley LJ, Tribunals
Tagged Article 8, Case Law, Children, Court of Appeal, ECHR, Foster Care, Kugathas, Tribunals, UK Supreme Court
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Human trafficking: Tribunal is not bound by NRM decision
MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9 (18 March 2020) These proceedings in the Supreme Court have resulted in the outcome that when determining an appeal in which it was argued that that removal … Continue reading
Posted in Appeals, Article 4, Asylum, Cases, Children, Court of Appeal, ECHR, Human Rights Act, Human Trafficking, Immigration Rules, Judges, Judicial Review, Lady Hale, Pakistan, UKSC, Women
Tagged Case Law, Children, Court of Appeal, ECAT, ECHR, Immigration Rules, NRM, Palermo Protocol, Tribunals, UK Supreme Court
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Registration fees for British citizenship breach section 55 duty
R (PRCBC & Ors) v Secretary of State for the Home Department [2019] EWHC 3536 (Admin) (19 December 2019) The Project for the Registration of Children as British Citizens (“PRCBC”), and two child claimants “O” and “A” brought judicial review proceedings against … Continue reading
‘Black British’: Nigerian criminal wins in Court of Appeal
CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027 (22 November 2019) The Court of Appeal allowed a Nigerian criminal’s appeal after considering the scope and proper application of “Exception 1” to deportation set … Continue reading
Posted in Article 8, Asylum, Automatic Deportation, Children, Court of Appeal, Culture, Deportation, ECHR, Families, Human Rights Act, Immigration Rules, Nigeria, Permanent Residence, Tribunals, UKSC, Windrush
Tagged Article 8, Asylum, British Nationality, Court of Appeal, Criminal Offences, ECHR, Tribunals, UK Supreme Court
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