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UKVI News and Updates- Guidance: Register of licensed sponsors: workers
- Guidance: Register of licensed sponsors: students
- Guidance: Cases involving pending prosecution: caseworker guidance
- Guidance: Returns preparation: caseworker guidance
- 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: Unaccompanied asylum seeking children and leaving care: funding instructions
- Guidance: Visitors and transit: customer service standards
- 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
- Chelsea flower show hosts garden designed to help survivors of torture
- UK universities report drop in international students amid visa doubts
- ‘We had money! It was brilliant!’ Margaret Hodge on Labour governments, life as a migrant and quitting as an MP
- Child refugees using people smugglers to reach family in UK, report warns
- Rishi Sunak: UK is facing some of the most dangerous years in its history
- 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
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Tag Archives: Refugee Convention
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 Asylum, Case Law, Court of Appeal, Judicial Review, Ladd v Marshall, Refugee Convention
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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 Asylum, Case Law, Court of Appeal, Kenya, Refugee Convention, 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 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 Asylum, Case Law, Court of Appeal, Immigration, Refugee Convention, Removals, Tribunals, UK Supreme Court
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Upper Tribunal says gender terminology respecting the chosen identity of claimants must be used
Mx M (gender identity – HJ (Iran) – (terminology) El Salvador [2020] UKUT 313 (IAC) (22 October 2020) In this case involving an appellant who was a national of El Salvador and who considered themselves a homosexual man when living … Continue reading
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 Article 8, Asylum, Case Law, Court of Appeal, Persecution, Refugee Convention, Removals, Tribunals, UK Supreme Court
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Home Office loses appeal in Ugandan LGBT asylum case
PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1213 (28 September 2020) The Court of Appeal has dismissed the SSHD’s appeal against Lewis J’s decision in PN v SSHD [2019] … Continue reading
Court of Appeal reviews the meaning of “unduly harsh”
HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020) The appeals of HA and RA, both Iraqis, concerned the terms of Part 5A of the Nationality, Immigration and Asylum Act 2002 (especially … Continue reading
Posted in Article 8, Asylum, Automatic Deportation, Children, Citizenship and Nationality, Court of Appeal, ECHR, Families, Immigration Rules, Iraq, Lady Hale, Parliament, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC
Tagged Article 8, Asylum, British Nationality, Case Law, Children, Court of Appeal, Criminal Offences, ECHR, Immigration Rules, Refugee Convention, Tribunals, UK Supreme Court
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Court of Appeal avoids jurisdictional elephant trap costs order
JH (Palestinian Territories) v UTIAC & Anor [2020] EWCA Civ 919 (17 July 2020) The Court of Appeal has allowed a Palestinian appellant’s appeal, and dismissed the SSHD’s cross-appeal, against an order of the Administrative Court that there should be … Continue reading
Posted in Appeals, Asylum, Costs, Court of Appeal, Judicial Review, Palestine, UKSC
Tagged Case Law, Costs, Court of Appeal, CPR, Judicial Review, Refugee Convention
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Supreme Court refuses to take “retrograde step” on the tort of false imprisonment
R (Jalloh) v Secretary of State for the Home Department [2020] UKSC 4 (12 February 2020) The Supreme Court unanimously dismissed the government’s appeal in Jalloh (formerly Jollah) concerning the law on damages for the tort of false imprisonment. The … Continue reading
The situation in Sudan remains volatile
AAR & AA (Non-Arab Darfuris – return) Sudan [2019] UKUT 282 (IAC) (7 August 2019) These appeals concerned the question whether the guidance given in AA (non-Arab Darfuris – relocation) Sudan CG [2009] UKAIT 00056 and MM (Darfuris) Sudan CG … Continue reading
Posted in Article 3, Asylum, Refugee Convention, Sudan
Tagged Asylum, Refugee Convention
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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
Brexit and the UK’s future immigration system
The spectre of crashing out of the EU without a deal is sending jitters across the UK. Events have clearly shown that holding a snap poll on immigration failed to do justice to the true merits of EU membership. Last … Continue reading
Posted in Article 8, Brexit, Citizens Directive, CJEU, ECHR, European Union, Immigration Rules, Politics, Tier 1, Tier 2, UKSC, Windrush, Working
Tagged 2004/38/EC, Article 8, Brexit, Criminal Offences, ECHR, Economy, European Union, Free Movement, Immigration Rules, Migrant Workers, Points Based System, Refugee Convention
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What is the correct approach to assessing medical evidence in asylum claims alleging torture?
The Supreme Court recently considered the correct approach to the assessment of medical evidence in asylum claims alleging torture. In KV (Sri Lanka) [2017] EWCA Civ 119, Elias, Patten and Sales LJJ held that the decision in KV (scarring – … Continue reading
Posted in Article 3, Asylum, Court of Appeal, Lady Hale, Persecution, Refugee Convention, Sri Lanka, UKSC
Tagged Asylum, Court of Appeal, ECHR, Refugee Convention, Tribunals, UK Supreme Court
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Court of Appeal holds that a ‘rolling review’ is acceptable
R (Spahiu) v Secretary of State for the Home Department [2018] EWCA Civ 2604 (28 November 2018) Adding to the vast expanse of technical judicial review litigation, this judgment concerns a protracted dispute between a failed asylum-seeker and the Home … Continue reading
Posted in Article 8, Asylum, Court of Appeal, Culture, ECHR, Judicial Review, Removals, Tribunals
Tagged Article 8, Asylum, Court of Appeal, ECHR, Judicial Review, Refugee Convention, Removals
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Standard of Proof for Statelessness is Balance of Probabilities
AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234 (12 October 2018) The Court of Appeal has held that those asserting that they are stateless need to prove their case on the balance of probabilities. … Continue reading
Posted in Asylum, Citizenship and Nationality, CJEU, Court of Appeal, Deportation, Eritrea, Ethiopia, European Union, Immigration Rules, Nationality, Nigeria, Palestine, Persecution, Proportionality, Public Interest, Refugee Convention, South Africa, Statelessness, Tribunals, UKSC
Tagged Asylum, British Nationality, Court of Appeal, Criminal Offences, Immigration Rules, Persecution, Refugee Convention, Terrorism, UK Supreme Court
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Serious Breaches of Duties of Procedural Fairness and Candour by Home Office in Calais Children’s Cases
R (Citizens UK) v Secretary of State for the Home Department [2018] EWCA Civ 1812 (31 July 2018) These proceedings concerned Citizens UK’s appeal against Soole J’s decision that the expedited process adopted by the Home Office to assess the … Continue reading
Refugee Convention: Metropolitan Territory is Distinct from Dependent Territories
R (Bashir & Ors) v Secretary of State for the Home Department [2018] UKSC 45 (30 July 2018) In a complex interim judgment dealing with threshold issues, the Supreme Court has held that both the Refugee Convention 1951 and the … Continue reading
Court of Appeal: ‘Indiscriminate Methods of Warfare’ in Gaza
MI (Palestine) v Secretary of State for the Home Department [2018] EWCA Civ 1782 (31 July 2018) Holding that it is sufficiently arguable that the situation in Gaza is attributable to direct and indirect actions of parties to the conflict … Continue reading
Posted in Article 3, Asylum, Automatic Deportation, Court of Appeal, ECHR, Egypt, Gaza, Israel, Palestine, Persecution, Politics, Somalia, Terrorism, Tribunals
Tagged Asylum, Case Law, Court of Appeal, ECHR, Persecution, Refugee Convention, Removals, Spouses, Terrorism, Tribunals
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Restricted Leave: Only Rare Cases are Suitable for Settlement
Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 (01 March 2018) Tanvir Babar used to be a Pakistani policeman. He worked in law enforcement for 17 years and was in charge of a squad of … Continue reading
Posted in Appendix FM, Article 3, Article 8, Asylum, ECHR, False Statements, Immigration Rules, Integration, Pakistan, Proportionality, Public Interest, Refugee Convention, RLR, Settlement
Tagged Article 8, Asylum, Children, Criminal Offences, ECHR, Immigration Rules, Persecution, Refugee Convention, Spouses, Tribunals
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