Category Archives: European Union

Court of Appeal dismisses EEA residence card appeal

Tipu v Secretary of State for the Home Department [2025] EWCA Civ 215 (05 March 2025)  Bean, Andrews and Falk LJJ held in this appeal that the Upper Tribunal had been right to reject the residence claim of Mr Tipu, … Continue reading →

Posted in Appeals, Citizens Directive, CJEU, Court of Appeal, Dependants, Dependency, European Union, Tribunals | Tagged , , , , , , | Leave a comment

Court of Appeal: Tribunal correct to say refusal must advise on right of appeal

R (Chowdhury) v The First-tier Tribunal (Immigration And Asylum Chamber) & Anor [2024] EWCA Civ 1380 (08 November 2024) The Court of Appeal held in this case that the Upper Tribunal had not erred in finding that a decision notice … Continue reading →

Posted in Appeals, Court of Appeal, European Union, Judicial Review, Notices | Tagged , , , , , , | Leave a comment

Court of Appeal: Bouchereau is irrelevant to test of ‘imperative grounds of public security’

Secretary of State for the Home Department v George [2024] EWCA Civ 1192 (14 October 2024) The Court of Appeal held in this deportation case that although the historic case of R v Bouchereau (Pierre Roger) (30/77) [1978] QB 732 had provided … Continue reading →

Posted in Appeals, Citizens Directive, Court of Appeal, Deportation, European Union, France, Permanent Residence | Tagged , , , , , , , | Leave a comment

Home Office ordered to pay over £203,995.24 in damages to Nigerian man

Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB) (15 September 2024) In Mr Adegboyega’s case, the SSHD was ordered to pay over £203,995.24 in damages. A Nigerian national, Mr Adegboyega was unlawfully detained at Brook … Continue reading →

Posted in Article 3, Article 8, Damages, Detention, ECHR, European Union, False Imprisonment, Misfeasance, Nigeria, Racism | Tagged , , , , , | Leave a comment

Court of Appeal allows SSHD’s appeal on showing dependency

Secretary of State for the Home Department v Rexhaj [2024] EWCA Civ 784 (11 July 2024) The Court of Appeal has held that an Albanian national’s prior grant of leave to enter the UK pursuant to entry clearance under Appendix … Continue reading →

Posted in ADR, Albania, Appendix EU, Appendix EU (Family Permit), Brexit, Council of Europe, Dependency, European Union, Immigration Rules | Tagged , , , , | Leave a comment

Court of Appeal: Albanian siblings of EU nationals wrongly refused status under EUSS

Vasa v The Secretary of State for the Home Department [2024] EWCA Civ 777 (10 July 2024) The Court of Appeal held in this case that the SSHD had erred in refusing to grant pre-settled or settled status under the … Continue reading →

Posted in Appendix EU, Brexit, Citizens Directive, Court of Appeal, European Union, EUSS, Immigration Rules, Passports, Tribunals | Tagged , , , , , , , , | Leave a comment

Cross-examination of appellant by judge was unfair

Hima v The Secretary of State for the Home Department [2024] EWCA Civ 680 (26 June 2024) The Court of Appeal held in this case that the Upper Tribunal had erred in deciding that the First-tier Tribunal’s decision upholding the … Continue reading →

Posted in Albania, Asylum, Cross-Examination, European Union, Judges, Tribunals, UKSC | Tagged , , , , | Leave a comment

Court of Appeal disapproves of tribunal’s decision in Capparelli

R (Roehrig) v Secretary of State for the Home Department [2024] EWCA Civ 240 (12 March 2024) The Court of Appeal has held that a child born to a French national mother who was ordinarily resident in the UK while … Continue reading →

Posted in Appeals, British Citizenship, Court of Appeal, European Union, Free Movement, Immigration Rules, Permanent Residence, Settlement, Sri Lanka, Tribunals | Tagged , , , , | Leave a comment

EU Settlement Scheme is unlawful 

R (On the Application of The Independent Monitoring Authority for the Citizens’ Rights Agreements) v SSHD [2022] EWHC 3274 (Admin) (21 December 2022) The EU Settlement Scheme (EUSS) is unlawful because it contravenes the Withdrawal Agreement negotiated between the UK … Continue reading →

Posted in Appendix EU, Brexit, CJEU, European Union, EUSS, Immigration Rules, Judicial Review, Permanent Residence, Withdrawal Agreement | Tagged , , , , , , | Leave a comment

Refusal to issue passport owing to fraud held unlawful

R (Gjini) v SSHD [2021] EWHC 1677 (Admin) (21 June 2021)  In these proceedings, Morris J decided that the SSHD’s refusal to issue a British passport to one Mr Leonard Gjini, a dual British and Albanian national, who had obtained … Continue reading →

Posted in Article 8, Asylum, Citizenship and Nationality, Deprivation of Citizenship, European Union, False Statements and Misrepresentations, Fraud, High Court, Judicial Review, Proportionality | Tagged , , , , , | Leave a comment

Limited leave to remain does not knock out a Zambrano claim

R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021) Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the … Continue reading →

Posted in Appendix EU, Appendix FM, Article 8, Brexit, Children, CJEU, Court of Appeal, ECHR, European Union, EUSS, Human Rights Act, Immigration Rules, Judicial Review, NRPF, Permanent Residence, UKSC, Zambrano | Tagged , , , , , , , , , | Leave a comment

“Immigration exemption” from the GDPR is unlawful

R (The Open Rights Group & Anor) v The Secretary of State for the Home Department & Anor [2021] EWCA Civ 800 (26 May 2021) The Court of Appeal has decided that that “immigration exemption” paragraph 4 of Schedule 2 … Continue reading →

Posted in Access to Justice, Appeals, Article 8, CFR, CJEU, Court of Appeal, ECHR, European Union, GDPR, Hostile Environment, Judicial Review, UKSC | Tagged , , , , , , | Leave a comment

Local authority can apply for EUSS settled status for children in care without court approval

W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam) (31 March 2021)  In these proceedings the court was required to determine whether local authorities needed its authorisation to apply for immigration status or passports … Continue reading →

Posted in Appendix EU, Brexit, Children, European Union, EUSS, Family Court, Free Movement, Settled Status, Settlement, Windrush | 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

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

Regulation 33 certification: Court of Appeal quashes refusal of interim relief to Portuguese national

R (Mendes) v Secretary of State for the Home Department [2020] EWCA Civ 924 (17 July 2020)  The only target of this appeal was Murray J’s order refusing interim relief in the form of a mandatory order requiring the Home … Continue reading →

Posted in Access to Justice, Children, Court of Appeal, Deportation, ECHR, European Union, Free Movement, Judicial Review, Proportionality, Tribunals, UKSC | Tagged , , , , , , , | Leave a comment

Mother of British child fails on Chikwamba and Zambrano

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC)(24 March 2020)  Chikwamba [2008] UKHL 40 and Zambrano (C-34/09, EU:C:2011:124) were landmark cases. The Chikwamba principle is that there is no public interest in removing a person from the UK in … Continue reading →

Posted in Appendix FM, Article 8, Asylum, Children, CJEU, COVID-19, ECHR, European Union, Human Rights Act, Immigration Rules, Judges, Pakistan, Proportionality, Public Interest, Removals, Spouses, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

“Open for business”: Analysis of the UK’s new PBS 

An “Australian-style points-based system” (new PBS) to control immigration was one of six guarantees given by Boris Johnson to “get Brexit done in January and unleash the potential of our whole country.” The new PBS is the cornerstone of the UK’s post-Brexit immigration … Continue reading →

Posted in Appendix EU, Brexit, COVID-19, European Union, EUSS, Free Movement, Immigration Rules, Paragraph 322(5), PBS, Politics, Settlement, Students, Tier 1, Tier 2, Tier 4, UKSC | Tagged , , , , , , | 1 Comment

Brexit: Appeal rights for EUSS applicants 

The EU Settlement Scheme (EUSS), under which 3.34 million applications have been made and more than 3 million applicants have been granted status, caused uproar because applicants were not given any appeal rights and only had the right to administrative … Continue reading →

Posted in Appeals, European Union, EUSS, Free Movement, Immigration Rules, Tribunals | Tagged , , , | Leave a comment