Tag Archives: UK Supreme Court

Terror trio triumphant in citizenship deprivation appeal

In C3, C4 and C7 v SSHD, the Special Immigration Appeals Commission (SIAC) agreed with the point that C3, C4 and C7 had no other nationality other than that of the UK and so the SSHD was not able to … Continue reading

Posted in Appeals, Article 3, Citizenship and Nationality, Deprivation of Citizenship, Expert Evidence, Human Rights, ISIS/ISIL, Pakistan, SIAC, Statelessness, UKSC | Tagged , , , , | Leave a comment

Refusal of ILR but grant of leave means no right of appeal

R (M Aleem Mujahid) v First Tier Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 449 (31 March 2021) These proceedings turned on the question where a person who is in the UK makes an application for indefinite leave to … Continue reading

Posted in Access to Justice, Appeals, Article 8, Court of Appeal, Curtailment, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Post Study Work, Settlement, Tier 1, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Abduction and asylum: Supreme Court holds child named on parent’s asylum application is protected from refoulement

G v G [2021] UKSC 9 (19 March 2021)  The Supreme Court has held that a child named as a dependant on her parent’s asylum claim who could objectively be understood to have made a request for international protection had … Continue reading

Posted in Appeals, Asylum, Brexit, Child Abduction, High Court, Immigration Rules, Refugee Convention, South Africa, UKSC | Tagged , , , , , , | Leave a comment

SSHD succeeds against BNO in Court of Appeal

The Secretary of State for the Home Department v Tariq [2021] EWCA Civ 378 (16 March 2021)  In these proceedings the Court of Appeal held that Helen Mountfield QC, sitting as as a Deputy High Court Judge of the Administrative … Continue reading

Posted in Citizenship and Nationality, Court of Appeal, Expert Evidence, Hong Kong, Immigration Rules, Judicial Review, Pakistan, Settlement, UKSC | Tagged , , , | Leave a comment

Appendix FM: SSHD cannot push parent into partner route

R (Khattak) v Secretary of State for the Home Department (“eligible to apply” – LTR – “partner”) [2021] UKUT 63 (IAC) (23 February 2021 Granting judicial review, the UT has held that an applicant is “eligible to apply for leave to … Continue reading

Posted in Appendix FM, Article 8, Immigration Rules, Judicial Review, Pakistan, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Failure to provide legal aid advice to immigration detainees in prison is unlawful

R (SM) v Bail for Immigration Detainees [2021] EWHC 418 (Admin) (25 February 2021) In these proceedings, Swift J held that the failure to give immigration detainees held in prison access to publicly funded legal advice to an extent equivalent … Continue reading

Posted in Access to Justice, Article 14, Article 2, Article 3, Article 5, Article 8, Asylum, Bail, Detention, IRCs, UKSC | 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

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

Upper Tribunal: ‘Historic injustice’ v ‘historical injustice’

Patel (historic injustice: NIAA Part 5A) India [2020] UKUT 351 (IAC) (25 November 2020)  The Upper Tribunal (Lane J and UTJ Norton-Taylor) has imparted guidance explaining the difference between “historic injustice” and “historical injustice” and it also gave guidance on … Continue reading

Posted in Appeals, Article 8, British Overseas Citizens, ECHR, Gurkhas, Historic Injustice, Historical injustice, Immigration Act 2014, Immigration Rules, Judicial Review, Proportionality, Public Interest, Tribunals, 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

An unlawful lacuna in policy is harming victims of trafficking

EOG (Anonymity Order Made) v Secretary of State for the Home Department [2020] EWHC 3310 (Admin) (03 December 2020) Mostyn J has held that an unlawful lacuna in the government’s existing policy concerning the leave to remain of potential trafficking … Continue reading

Posted in Article 14, Article 3, ECAT, ECHR, Hostile Environment, Immigration Act 2014, Immigration Rules, Judicial Review, 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

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

Posted in Access to Justice, Article 3, Asylum, ECHR, El Salvador, European Union, High Court of Australia, Refugee Convention, SOGI, Tribunals, UKSC | 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

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