Test of dishonesty in Ivey applies to deprivation decisions
United Kingdom Immigration Law Blog
by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M
2w ago
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 erroneous decision to dismiss his appeal reversing the FTT’s first instance decision to allow his appeal from the SSHD’s decision to make an order to deprive him of British citizenship. The appeal arose out of the FTT’s finding that Mr Ullah, who had committed criminal offences, did not act dishonestly when he answered “No” to a question on Form AN asking whe ..read more
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Trafficking plea fails Shamima Begum in Court of Appeal
United Kingdom Immigration Law Blog
by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M
3w ago
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 grounds of conduciveness to the public good, of the British Nationality Act 1981 after she had travelled to Syria at the age of 15 and aligned herself with the militant group the Islamic State of Iraq and the Levant (ISIL). The mere fact that there was a credible suspicion that Shamima Begum had been trafficked for the purpose of sexual exploitation d ..read more
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Three year delay in making decision on application is lawful
United Kingdom Immigration Law Blog
by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M
3w ago
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 permission to seek judicial review of the SSHD’s almost three-year delay in making a decision in respect of their applications for leave to remain in UK. The SSHD’s deferral of a decision, pending the outcome of a National Crime Agency (“NCA”) investigation and charging decision in respect of allegations of money laundering relating to the father, was not unlawful, irrational or unreas ..read more
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Court of Appeal: FTT failed to apply Iran country guidance to Kurdish asylum seeker’s case
United Kingdom Immigration Law Blog
by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M
1M ago
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 guidance cases to the appellant FA’s case, who was a Kurdish National of Iran who claimed to have left Iran illegally on foot, and claimed to have got married en route to the United Kingdom. He had entered the United Kingdom on 4 December 2019 and then claimed asylum. The SSHD rejected his claims for asylum and for humanitarian protection. The appeal was remitted to a different jud ..read more
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SSHD’s appeal on Bouchereau exception dismissed by Court of Appeal
United Kingdom Immigration Law Blog
by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M
1M ago
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 of his leave to enter the UK under the EU Settlement Scheme, notwithstanding his previous conviction for serious drug offences and subsequent related disclosure failures when applying for leave to enter, disclosed no error of law that justified or permitted interference. The judge had considered the cumulative effect of all relevant matters and had not erred in concluding th ..read more
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Court of Appeal: SSHD wins in child sex offences case
United Kingdom Immigration Law Blog
by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M
1M ago
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 had served a four-year custodial sentence for child sex offences would infringe his rights pursuant to the EU Treaties as implemented by the Immigration (European Economic Area) Regulations 2016 and his right to respect for private and family life under article 8 of the ECHR. A Polish national, AA moved to the UK. In April 2007 he met his wife K who had moved to the UK from P ..read more
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Palestinian Guantánamo Bay detainee wins in Supreme Court 
United Kingdom Immigration Law Blog
by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M
1M ago
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 11 and 12 of the Private International Law (Miscellaneous Provisions) Act 1995 (“PILA”) the law applicable to torts alleged to have been committed by the UK’s security agencies is the law of England and Wales and not the law of each of the six countries in which Mr Zubaydah alleges he was unlawfully detained and tortured by the A ..read more
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Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances
United Kingdom Immigration Law Blog
by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M
3M ago
Abdi & Ors v Entry Clearance Officer [2023] EWCA Civ 1455 (07 December 2023) The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, Ubah Elmi Abdi and Mahrez Sharif Hassan’s applications for EEA family permits by failing to give them and their brother Ashkir Elmi Abdi, an EEA national on whom they claimed to be financially dependent, an opportunity to address the point on which it dismissed their appeal, i.e. the remittances demonstrating dependence did not come from him, based on a calculation showing th ..read more
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Supreme Court dismisses long residence appeals
United Kingdom Immigration Law Blog
by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M
4M ago
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 to remain (“ILR”) in the UK on the ground of long residence, the word “disregarded” in paragraph 276B(v) of the the Immigration Rules meant only that a book-ended (previous overstaying between periods of leave) period of overstaying did not break continuity between the periods of residence with leave before and after it, so that they could be added together in cal ..read more
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Court of Appeal finds ‘flaws at all levels’ in ECAA case
United Kingdom Immigration Law Blog
by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M
4M ago
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 the European Community Association Agreement (or “ECAA”) between the UK and Turkey, the first instance decision-maker, the administrative reviewer and even the judge conducting a judicial review had all fallen into error in rejecting Mr Ozmen’s proposal on the basis of a superficial search resulting in wrong factual information about the viability of one potential custo ..read more
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