Category Archives: ECtHR

SSHD victorious against Albanian national in Supreme Court  

Secretary of State for the Home Department v Kolicaj [2025] UKSC 49 (18 December 2025) This case involved the deprivation of citizenship because of a criminal conviction of conspiracy to remove the proceeds of crime from England. Addressing multiple issues, … Continue reading →

Posted in Albania, Citizenship and Nationality, Court of Appeal, Deprivation of Citizenship, ECtHR, UKSC | Tagged , , , , | Leave a comment

Court of Appeal laments remitting human rights case back to FTT for a third time 

AA (Morocco) v Secretary of State for the Home Department [2025] EWCA Civ 144 (18 February 2025) In considering whether the Upper Tribunal had erred in law in its decision to remit to the First Tier Tribunal a Moroccan national’s … Continue reading →

Posted in Article 3, Article 8, Asylum, Court of Appeal, ECHR, ECtHR, Human Rights, Immigration Rules, Tribunals, UKSC | 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

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

KO (Nigeria) judgment does not set out a ‘notional comparator’ baseline test

HA (Iraq) v Secretary of State for the Home Department [2022] UKSC 22 (20 July 2022) The three respondents—HA (an Iraqi), RA (an Iraqi) and AA (a Nigerian)—were “foreign criminals” for the purposes of section 32 of the UK Borders Act 2007 and … Continue reading →

Posted in Appeals, Article 8, Automatic Deportation, Court of Appeal, ECHR, ECtHR, Immigration Act 2014, Iraq, Nigeria, Proportionality, Public Interest, s 55 BCIA, Tribunals, UKSC | Tagged , , , , , , | Leave a comment

Upper Tribunal: Guidance on mental health experts

HA (expert evidence, mental health) Sri Lanka [2022] UKUT 111 (IAC) (25 March 2022) This important guidance concerned the correct approach to be adopted in a human rights appeal in which it is argued that removing an individual from, or … Continue reading →

Posted in Appeals, Article 3, Asylum, ECHR, ECtHR, Expert Evidence, Human Rights Act, Sri Lanka | Tagged , , , , , | Leave a comment

Guantánamo Bay detainee wins in Court of Appeal 

Zubaydah v Foreign And Commonwealth Office & Ors [2022] EWCA Civ 334 (16 March 2022) Abu Zubaydah, a Palestinian born in Saudi Arabia, is detained in Guantánamo Bay, Cuba. He was captured in March 2002 in Pakistan. He claims that … Continue reading →

Posted in Access to Justice, Article 3, Black sites, Conspiracy to injure, Court of Appeal, ECHR, ECtHR, False Imprisonment, Guantánamo Bay, Misfeasance, Rendition | Tagged , , , , , , | Leave a comment

Supreme Court dismisses deportation appeal of settled Iranian national who lawfully entered the UK as a child

Sanambar v Secretary of State for the Home Department [2021] UKSC 30 (16 July 2021) The Supreme Court unanimously dismissed Mr Sanambar’s appeal and held that the Upper Tribunal correctly approached the balancing exercise required by article 8 of the ECHR and it … Continue reading →

Posted in Appeals, Article 8, Asylum, Automatic Deportation, Deportation, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Iran, Public Interest, Removals, Settlement, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Extortionist visa application fees caused “colossal interference” with Windrush victim’s right to family life

Mahabir & Ors v Secretary of State for the Home Department [2021] EWHC 1177 (Admin) (06 May 2021) Mrs Lynda Mahabir came to the UK as a baby aged two months in 1969. She lived in the UK until 1977 … Continue reading →

Posted in Article 14, Article 8, Children, ECtHR, Entry Clearance, Families, Hostile Environment, Judicial Review, Proportionality, Racism, Trinidad and Tobago, Windrush | Tagged , , , | Leave a comment

The “good character” requirement for Windrush naturalisation applicants was unlawful

R (Howard, Deceased) v Secretary of State for the Home Department [2021] EWHC 1023 (Admin) (23 April 2021)  Mr Justice Swift held in these proceedings that the government’s decision in early May 2018 to continue to apply the existing good … Continue reading →

Posted in Article 14, Article 8, ECHR, ECtHR, Historic Injustice, Hostile Environment, Immigration Act 2014, Jamaica, Judicial Review, Windrush | Tagged , , , , , | Leave a comment

Upper Tribunal: Tanveer Ahmed remains good law

QC (verification of documents; Mibanga duty) [2021] UKUT 33 (IAC) (12 January 2021) In a panel consisting of President Lane and Vice President Ockelton, the Upper Tribunal has held as to verification of documents that the case of Tanveer Ahmed … Continue reading →

Posted in Adjournment, Appeals, Article 3, Asylum, China, Court of Appeal, Credibility, ECtHR, Mibanga Duty, Pakistan, Politics, Refugee Convention, Tibetan Buddhism, Tribunals | 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