Tag Archives: Court of Appeal

“Poorly drafted” Immigration Rules: Court of Appeal reluctantly approves “objectionable” investor visa scheme

R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679 (11 May 2021)  In relation to an applicant for leave to remain as a Tier 1 (Investor) Migrant under the points-based system (PBS) required … Continue reading

Posted in Appeals, Court of Appeal, Immigration Rules, Investors, Judicial Review, PBS, Tier 1 | Tagged , , , , | Leave a comment

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 , , , , , , , | Leave a comment

Court of Appeal: £1,012 citizenship fee for children is unlawful

R (Project for the Registration of Children As British Citizens & Anor) v SSHD [2021] EWCA Civ 193 (18 February 2021)  The Court of Appeal has held that the SSHD failed to consider the best interests of children under section … Continue reading

Posted in Appeals, Children, Citizenship and Nationality, Court of Appeal, Immigration Act 2014, Judicial Review, s 55 BCIA, UKSC | Tagged , , , , , | Leave a comment

New evidence must satisfy Ladd v Marshall to justify departure from FTT decision on refugee status

R (Al-Siri) v Secretary of State for the Home Department [2021] EWCA Civ 113 (08 February 2021) The Court of Appeal dismissed the government’s appeal against the judgment of Richard Clayton QC where he had quashed the decision of the … Continue reading

Posted in Appeals, Article 3, Asylum, Court of Appeal, ECHR, Egypt, Islam, Judicial Review, Refugee Convention, Terrorism | Tagged , , , , , | Leave a comment

Court of Appeal: Upper Tribunal must not speculate on facts

Lowe v The Secretary of State for the Home Department [2021] EWCA Civ 62 (25 January 2021)  Mr Lowe, a Jamaican national, appealed a decision of the UT to reverse the FTT’s decision to allow his appeal against the refusal … Continue reading

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Jamaica, Public Interest, Tribunals | Tagged , , , , , | Leave a comment

Procedural fairness fails entrepreneur in Court of Appeal

R (Taj) v The Secretary of State for the Home Department [2021] EWCA Civ 19 (20 January 2021)  Genuineness of intention is a key part of obtaining a visa to the UK. This appeal related to the closed (in March 2019) Tier … Continue reading

Posted in Appeals, Court of Appeal, Fairness, Immigration Rules, Judicial Review, Pakistan, PBS, Tier 1, UKSC | Tagged , , , , , | Leave a comment

Government loses bid to lower bar for exclusion of extremists from refugee status

The Secretary of State for the Home Department v NF [2021] EWCA Civ 17 (11 January 2021)  The Court of Appeal has dismissed the government’s appeal as to the lowering of the high threshold for the engagement of article 1F(c) … Continue reading

Posted in Africa, Al-Shabab, Appeals, Asylum, Court of Appeal, Kenya, Refugee Convention, Somalia, Terrorism, UKSC | Tagged , , , , , , | Leave a comment

Proof, expert evidence and credibility in trafficking cases

MN v Secretary of State for the Home Department [2020] EWCA Civ 1746 (21 December 2020)  The Court of Appeal has decided that the two-stage procedure provided for by the National Referral Mechanism (NRM) to determine whether a person is … Continue reading

Posted in Article 4, Council of Europe, Court of Appeal, ECAT, ECHR, European Union, Expert Evidence, Female Genital Mutilation, Forced marriage, Human Trafficking, Judicial Review, Nigeria, Slavery, UKSC | Tagged , , , , , | Leave a comment

No further “exceptional circumstances” test for Zambrano carers in deportation cases

Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 (16 December 2020)  This appeal raised the issue whether a third-country national (TCN) otherwise benefiting from the derivative right to reside within EU territory pursuant to the … Continue reading

Posted in Brexit, CFR, Children, CJEU, Court of Appeal, European Union, Jamaica, UKSC | Tagged , , , , , | Leave a comment

Court of Appeal upholds Algeria country guidance for gay men

YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 (14 December 2020)  Lewis, Peter Jackson and Asplin LJJ have dismissed the appeal of Mr YD who alleged that the country guidance in OO (Gay men) … Continue reading

Posted in Algeria, Asylum, Court of Appeal, Refugee Convention, SOGI, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Strasbourg finds Nigerian man’s deportation violated article 8

Unuane v United Kingdom – 80343/17 [2020] ECHR 832 (24 November 2020)  In the case of Mr Unuane, a Nigerian national, who had been deported from the UK after a conviction for offences relating to falsification of immigration documents, the … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Nigeria, UKSC | Tagged , , , , , , , , | Leave a comment

Pakistani criminal who renounced British citizenship loses deportation appeal

Zulfiqar (‘Foreign criminal’: British citizen) [2020] UKUT 312 (IAC) (11 September 2020)  The Upper Tribunal has found that the meaning of “foreign criminal” is not consistent over the Nationality, Immigration and Asylum Act 2002 and the UK Borders Act 2007. … Continue reading

Posted in Article 8, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, Deportation, Immigration Act 2014, Immigration Rules, Nationality, Nikah, Pakistan, Tribunals, UKBA 2007 | Tagged , , , , , , , , | Leave a comment

Court of Appeal clarifies giving of curtailment notices

R (Alam) v Secretary of State for the Home Department [2020] EWCA Civ 1527 (16 November 2020)  The Court of Appeal dismissed the appeals of Mr Masud Alam and Mr Masud Rana who had both appealed against the refusal of … Continue reading

Posted in Bangladesh, Court of Appeal, Curtailment, Judicial Review, Notices, Tier 4, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Procedural fairness fails skilled migrant in Court of Appeal

R (Topadar) v Secretary of State for the Home Department [2020] EWCA Civ 1525 The uncertain outcome in the Supreme Court in R (Pathan) v SSHD [2020] UKSC 41, discussed here, was swiftly put to the test in the case … Continue reading

Posted in Appendix Skilled Worker, Article 8, Bank Accounts, Court of Appeal, Employment, Immigration Rules, Judicial Review, PBS, Procedural Fairness, Tier 2, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal refuses relief in “bad” paragraph 322(5) cases

R (Baldha & Anor) v The Secretary of State for the Home Department [2020] EWCA Civ 1494 (10 November 2020)  In two tax discrepancy matters with some similarities, sitting alone Hickinbottom LJ decided to refuse permission to amend and permission to appeal in … Continue reading

Posted in Article 8, Costs, Court of Appeal, Immigration Rules, India, Judicial Review, Overstaying, Paragraph 322(5), PBS, Settlement, Tax, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

Inaccessible new Immigration Rules are not “good law”

The Home Secretary, Priti Patel has gleefully announced “After many years of campaigning, I am delighted the Immigration Bill which will end free movement on 31st December has today passed through Parliament. We are delivering on the will of the … Continue reading

Posted in Access to Justice, Appendix Continuous Residence, Appendix Finance, Appendix Shortage Occupation Lists, Appendix Skilled Worker, Court of Appeal, Global Talent, Immigration Act 2020, Immigration Rules, Overstaying, PBS, Settlement, Tier 2, Tier 4 | Tagged , , , , , | 1 Comment

Jamaican father of four British children wins in Court of Appeal

KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)  The Court of Appeal has held that FTTJ Gurung-Thapa had not erred in law by allowing a foreign criminal’s deportation appeal when she … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, Families, Immigration Act 2014, Jamaica, Public Interest, s 55 BCIA, Spouses, Tribunals, UKBA | Tagged , , , , , , , , | Leave a comment

Supreme Court: Failure to promptly notify migrant of revocation of sponsor’s licence breached duty of procedural fairness

R (Pathan) v Secretary of State for the Home Department [2020] UKSC 41 (23 October 2020)  This case turned on the issue whether notice to an applicant of revocation of a sponsor’s licence in respect of his Tier 2 (General) … Continue reading

Posted in Appeals, Article 8, Court of Appeal, ECHR, Employment, Immigration Rules, India, Judicial Review, Overstaying, PBS, Students, Tier 2, UKSC, Working | Tagged , , , , , , , , , , , | Leave a comment

Court of Appeal rebukes poor drafting of Immigration Rules

Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357 (22 October 2020) The Court of Appeal has deeply criticised the “labyrinthine structure” and “idiosyncratic drafting” of the the Immigration Rules and “the confused language … Continue reading

Posted in Article 8, Bangladesh, Court of Appeal, ECHR, Education, Immigration Rules, Long Residence, Overstaying, Pakistan, Settlement, Tier 1, Tier 2, Tier 4, Tribunals, UKSC, Working | Tagged , , , , , , , , | Leave a comment

Removal policy preventing access to justice declared unlawful

R (FB (Afghanistan) & Anor) v Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020) In a significant judgment, Lord Burnett LCJ and Hickinbottom and Coulson LJJ held that the SSHD’s removal notice window policy … Continue reading

Posted in Access to Justice, Article 2, Article 3, Article 8, Asylum, Court of Appeal, ECHR, Enforcement, Hostile Environment, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Persecution, Politics, Refugee Convention, Removals, Rule of law, UKSC, Windrush | Tagged , , , , , , , , | Leave a comment