Tag Archives: Judicial Review

Does EIG satisfy Dublin III on detaining asylum seekers? 

In Hemmati & Ors [2018] EWCA Civ 2122, the Court of Appeal held by a majority that the detention of five asylum seekers pending removal to other Member States had been unlawful because neither the Enforcement Instructions and Guidance Chapter 55 … Continue reading

Posted in Article 5, Asylum, CFR, CJEU, Court of Appeal, Detention, ECHR, European Union, Judicial Review, Lady Hale, UKSC | Tagged , , , , , , , | Leave a comment

Should the UK provide MLA to the US for the death penalty? 

In the Divisional Court, the mother of the accused ISIS terrorist Shafee El Sheikh, Maha El Gizouli failed in her challenge against the Home Secretary’s decision to provide mutual legal assistance (MLA) to the US without requiring an assurance that … Continue reading

Posted in Article 3, Article 8, CFR, Citizenship and Nationality, Court of Appeal, ECHR, European Union, Human Rights Act, Judicial Review, Syria, Terrorism, UKSC, United States | 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 Ugandan woman’s appeal against the refusal of … 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

Tier 2 (General) and ‘genuine vacancy’: Court of Appeal holds that irrational PBS refusal should be quashed 

R (Suny) v The Secretary of State for the Home Department [2019] EWCA Civ 1019 (19 June 2019) Irwin and Underhill LJJ recently held that the refusal of leave to remain under Tier 2 (General) to a Bangladeshi migrant could … Continue reading

Posted in Article 8, Court of Appeal, Economy, Immigration Rules, Judicial Review, PBS, Tier 2, UKSC, Working | Tagged , , , , , , | Leave a comment

Court of Appeal holds that a ‘director’s loan’ does not have a specialist meaning in Tier 1 (Entrepreneur) applications

R (Sajjad) v Secretary of State for the Home Department [2019] EWCA Civ 720 (17 April 2019) In a Pakistani businessman’s appeal against the dismissal of his application for judicial review against the refusal of his application for further leave … Continue reading

Posted in Business, Companies Act 2006, Court of Appeal, Entrepreneurs, Immigration Rules, Judicial Review, Pakistan, PBS, Tier 1, UKSC | Tagged , , , , , , | Leave a comment

Paragraph 322(5) and Tier 1 (General): Home Office policy of refusing ILR in earnings discrepancy cases is ‘legally flawed’

Balajigari v Secretary of State for the Home Department [2019] EWCA Civ 673 (16 April 2019) In a complex judgment, the Court of Appeal has held that the ongoing use of paragraph 322(5) of the Immigration Rules in the cases … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Judicial Review, Paragraph 322(5), PBS, Settlement, Tier 1, Tribunals, UKSC, Windrush | Tagged , , , , , , , , | 2 Comments

Fraud and revocation of ILR: Court of Appeal unlocks the door to the finality of unappealed tribunal decisions

Ullah v The Secretary of State for the Home Department [2019] EWCA Civ 550 (03 April 2019) The Court of Appeal recently dismissed a Pakistani immigrant’s appeal against the refusal of his judicial review claim challenging the decision to cancel … Continue reading

Posted in Court of Appeal, Entry Clearance, False Statements and Misrepresentations, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Proportionality, Settlement, Tribunals | Tagged , , , , , , | Leave a comment