Tag Archives: Court of Appeal

False representations made in pending application don’t ‘simply disappear’ by varying it to an ILR application

Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024) The Court of Appeal has rejected the argument that the SSHD should not have refused Mr MN Wohhab Al-Azad’s application for indefinite leave to … Continue reading

Posted in Appeals, Bangladesh, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, Long Residence, Paragraph 322(5), Proportionality, Section 3C Leave, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

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 , , , , , , , | Leave a comment

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

Posted in Article 8, Court of Appeal, ECHR, Entry Clearance, Ethiopia, Immigration Rules, Judicial Review, Permanent Residence, Settlement, UKSC | Tagged , , , , , , , , , | Leave a comment

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 , , , , , , , , | Leave a comment

Court of Appeal rejects invitation to treat EUSS family permit application as an EEA permit application

Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024) The Court of Appeal has held that the Upper Tribunal had not erred in finding that where the extended family member of an EU national had sought to … Continue reading

Posted in Appendix EU, Bangladesh, Citizens Directive, Court of Appeal, Dependants, Entry Clearance, Immigration Rules, Tribunals | Tagged , , , , , | Leave a comment

Test of dishonesty in Ivey applies to deprivation decisions

Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201 (06 March 2024) In a case raising an elementary issue of procedural fairness, the Court of Appeal allowed the appeal of Mr Ullah—a Pakistani national—against the UT’s … Continue reading

Posted in Appeals, British Citizenship, Court of Appeal, Cross-Examination, Dishonesty, Evidence, Fairness, False Statements, HSMP, Naturalisation, Pakistan, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

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 , , , , , , | Leave a comment

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

Posted in Article 8, China, Court of Appeal, ECHR, Hostile Environment, Immigration Rules, Judicial Review, Skilled Worker, Tier 1 | Tagged , , , , , | Leave a comment

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 , , , , , , , | Leave a comment

SSHD’s appeal on Bouchereau exception dismissed by Court of Appeal

Secretary of State for the Home Department v Okafor [2024] EWCA Civ 23 (23 January 2024) The Court of Appeal has held that UT Judge Grubb’s decision to allow the appeal of Mr Okafor, a Nigerian citizen against the refusal … Continue reading

Posted in Appeals, Court of Appeal, EUSS, Proportionality, Public Interest, Tribunals | Tagged , , , , | Leave a comment

Court of Appeal: SSHD wins in child sex offences case

Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18 (19 January 2024) The Court of Appeal has held that the FTT had erred in law in finding that the deportation of a foreign criminal who … Continue reading

Posted in Article 8, Court of Appeal, Deportation, Poland, Proportionality, Sexual Offences, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Palestinian Guantánamo Bay detainee wins in Supreme Court 

Zubaydah v Foreign, Commonwealth and Development Office and others [2023] UKSC 50 (20 December 2023) Dismissing the Foreign Commonwealth and Development Office, the Home Office and the Attorney General’s appeal, the Supreme Court held in this case that under sections … Continue reading

Posted in Appeals, Court of Appeal, False Imprisonment, Foreign law, Guantánamo Bay, Pakistan, PILA, Politics, Terrorism, UKSC | Tagged , , , , | Leave a comment

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

Posted in Article 8, Court of Appeal, Deception, ECHR, False Statements and Misrepresentations, Immigration Rules, India, Judges, Proportionality, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Supreme Court dismisses long residence appeals

Afzal, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 46 (28 November 2023) In dismissing these two appeals, the Supreme Court has held that for the purposes of an application for indefinite leave … Continue reading

Posted in Appeals, Court of Appeal, ILR, Immigration Rules, Judicial Review, Long Residence, Nigeria, Overstaying, Pakistan, Section 3C Leave, Settlement, UKSC | Tagged , , , , , , | Leave a comment

Court of Appeal finds ‘flaws at all levels’ in ECAA case

R (Ozmen) v Secretary of State for the Home Department [2023] EWCA Civ 1366 (23 November 2023) The Court of Appeal has held that by refusing Mr Ozmen—a Turkish national—leave to remain in the UK as a businessperson pursuant to … Continue reading

Posted in Appeals, Court of Appeal, ECAA, Immigration Rules, Judicial Review, Tribunals, Turkey, Working | Tagged , , , , | Leave a comment

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 , , , , , , | Leave a comment

Court of Appeal: No right of abode for CUKCs by descent

R (Murugason) v Secretary of State for the Home Department [2023] EWCA Civ 1336 (16 November 2023) The Court of Appeal has confirmed the High Court’s judgment that in section 2(1)(b)(i) of the Immigration Act 1971—as originally drafted—a person who was … Continue reading

Posted in Appeals, Citizenship and Nationality, CUKCs, Judicial Review, Right of abode | Tagged , , , , | Leave a comment

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

Posted in Appeals, Article 3, Asylum, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Judicial Review, Refugee Convention, Rwanda, UKSC | Tagged , , , , , , | Leave a comment

MQM London member wins in Court of Appeal 

WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894 (26 July 2023) In a difficult case, Elisabeth Laing LJ allowed the appeal of “WAS” against the dismissal of his asylum claim by the Upper Tribunal … Continue reading

Posted in Altaf Hussain, Article 3, Asylum, Court of Appeal, Expert Evidence, Immigration Rules, MQM, Pakistan, Refugee Convention | Tagged , , , , , | Leave a comment

Supreme Court: PSED does not have extraterritorial effect

R (Marouf) v Secretary of State for the Home Department [2023] UKSC 23 (28 June 2023) Lord Reed (President), Lord Hodge (Deputy President), Lord Burrows, Lady Rose, Lord Richards unanimously dismissed the appeal of a female Palestinian appellant who is … Continue reading

Posted in Appeals, Judicial Review, Palestine, UKSC, UNHCR, UNRWA | Tagged , , , , | Leave a comment