Category Archives: Human Rights Act

Supreme Court: Approach in Begum as to SIAC’s procedures meets Convention standards

U3 v Secretary of State for the Home Department [2025] UKSC 19 (12 May 2025) In an appeal concerning the right approach to be taken by “SIAC”, the Special Immigration Appeals Commission, in disputes about matters which are relevant to the … Continue reading →

Posted in Appeals, Article 6, Article 8, British Citizenship, British Nationality Act 1981, ECHR, Human Rights Act, ISIS/ISIL, Islam, SIAC, Syria, UKSC | Tagged , , , , , , , , , | Leave a comment

Court of Appeal: Ciceri and Chimi should not be followed

Chaudhry v Secretary of State for the Home Department [2025] EWCA Civ 16 (17 January 2025) In this case, the Court of Appeal imparted guidance on the approach to be adopted on an appeal to the First-tier Tribunal from a … Continue reading →

Posted in British Citizenship, British Nationality Act 1981, Court of Appeal, Deception, Deprivation of Citizenship, Dishonesty, Human Rights Act, Naturalisation, UKSC | Tagged , , , , | Leave a comment

Supreme Court dismisses government’s appeal in Syria and TEO case

QX v Secretary of State for the Home Department [2024] UKSC 26 (05 August 2024) Unanimously dismissing the Home Secretary’s appeal, the Supreme Court held in the case of “QX” that the right to a fair hearing guaranteed by article … Continue reading →

Posted in Al Qaeda, Article 6, Article 8, Disclosure, ECHR, Human Rights Act, Judicial Review, Syria, TEO, Terrorism, UKSC | Tagged , , , , , , | Leave a comment

Illegal Migration Act 2023 is incompatible with human rights 

In the matter of an application by JR295 for judicial review [2024] NIKB 35 In these judicial review proceedings, Humphreys J held that the provisions of the Illegal Migration Act 2023 (“IMA”) are incompatible with article 2 of the Ireland/Northern … Continue reading →

Posted in Access to Justice, Article 3, Article 4, Article 5, Article 6, Article 8, Asylum, Brexit, ECHR, Human Rights Act, Judicial Review, Northern Ireland, Windsor Framework, Withdrawal Agreement | Tagged , , , , , | Leave a comment

Failure to conduct statistical data monitoring on provision of accommodation to vulnerable PNMAS breaches PSED 

R (DXK, Ivory Coast) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (15 March 2024) In these intricate proceedings, an asylum seeker and new mother known as “DXK” who was a national of the Ivory Coast … Continue reading →

Posted in Article 14, Article 3, Article 8, Asylum, ECHR, High Court, Human Rights Act, Ivory Coast, Judicial Review, PNMAS, PSED, Women | Tagged , , , , , , | Leave a comment

SSHD’s Rwanda policy appeal dismissed by Supreme Court

R (on the application of AAA (Syria) & Ors) v SSHD [2023] UKSC 42 (15 November 2023) In this judgment, unanimously dismissing the SSHD’s appeal, the Supreme Court agreed with the Court of Appeal’s conclusion that the Rwanda policy is … Continue reading →

Posted in Appeals, Article 3, Asylum, Court of Appeal, ECHR, Human Rights Act, Immigration Rules, Judicial Review, Refugee Convention, Rwanda, 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

Court of Appeal upholds quashing of HMPO’s refusal to accept a mother’s applications for her children’s British passports

Secretary of State for the Home Department v GA & Ors [2021] EWCA Civ 1131 (23 July 2021) On the SSHD’s appeal, the Court of Appeal held that Chamberlain J had been entitled to quash a refusal by Her Majesty’s … Continue reading →

Posted in Appeals, Children, Citizenship and Nationality, Court of Appeal, Foreign law, Habitual Residence, Human Rights Act, Judicial Review, Parental Responsibility, Passports | 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

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

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 , , , , , | Leave a comment

Court of Appeal on Nikah and non-qualifying ceremonies

HM Attorney General v Akhter & Ors [2020] EWCA Civ 122 (14 February 2020)  This was an important judgment which was given earlier in the year. The Court of Appeal held that an Islamic ceremony of marriage which was not … Continue reading →

Posted in Article 12, Article 8, Divorce, ECHR, Families, Family Court, Human Rights Act, Islam, Nikah, non-marriage, Pakistan, Spouses, UKSC | Tagged , , , , , , , | Leave a comment

NRPF regime breaches Article 3 of the ECHR and is unlawful

R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin) (21 May 2020) The “no recourse to public funds” or “NRPF” condition produces the effect of … Continue reading →

Posted in Article 3, Children, COVID-19, ECHR, Families, Fees, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Immigration Rules, Judicial Review, NRPF, UKSC | Tagged , , , , , | 2 Comments

Upper Tribunal: Policy on fee waivers is unlawful 

In R (otao Dzineku-Liggison) v SSHD [JR/2249/2019], the UT held that the Home Office’s policy on fee waivers, namely the Fee Waiver: Human Rights-based and other specified applications, version 3.0 (dated 4 January 2019), is unlawful. UTJ Blundell took the … Continue reading →

Posted in Article 3, Article 8, Cases, Children, ECHR, Families, Fees, Hostile Environment, Human Rights Act, Immigration Rules, Judicial Review, Removals, Tribunals | 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

Supreme Court embraces Paposhvili and departs from N

AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 (29 April 2020)  This appeal provided the Supreme Court the opportunity to consider whether to return a foreign criminal (“AM”) to Zimbabwe would violate his human rights … Continue reading →

Posted in Appeals, Article 3, Article 8, Asylum, Court of Appeal, Crime, Deportation, ECHR, Human Rights Act, Medical Cases, Public Interest, Settlement, Tribunals, UKSC, Zimbabwe | Tagged , , , , , , , | Leave a comment

Court of Appeal upholds right to rent checks

Secretary of State for the Home Department v R (otao The Joint Council for The Welfare of Immigrants) [2020] EWCA Civ 542 (21 April 2020) Davis, Henderson and Hickinbottom LJJ have held that the statutory scheme (the “right to rent … Continue reading →

Posted in Article 8, Court of Appeal, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Act 2016, Judicial Review, Parliament, Politics, Public Interest, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal: Section 117B(6) of the NIAA 2002 requires a “fact-finding” approach

Runa v Secretary of State for the Home Department [2020] EWCA Civ 514 (08 April 2020)  In this appeal Singh LJ accepted, and Baker LJ and Cobb J concurred, the submission that section 117B(6) of the Nationality, Immigration and Asylum … Continue reading →

Posted in Article 8, Children, Court of Appeal, ECHR, Families, Human Rights Act, Immigration Act 2014, Immigration Rules, Proportionality, Public Interest, Removals, UKSC | Tagged , , , , , , , , | Leave a comment

Domestic violence claim is not a human rights claim 

MY (refusal of human rights claim: Pakistan) [2020] UKUT 89 (IAC) (27 February 2020)  This decision brings further detriment to applicants relying on the domestic violence rules to obtain leave to remain. The result is that the Home Office can … Continue reading →

Posted in Appeals, Appendix FM, Article 3, Article 8, COVID-19, Domestic Violence, ECHR, Hostile Environment, Human Rights Act, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Settlement, Spouses, Tribunals | Tagged , , , , , , | Leave a comment

MLA without death penalty assurance breaches the DPA 

Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 (25 March 2020)  This judgment his about a number of things. It is about mutual legal assistance (MLA), it is about the Islamic State in Iraq and Syria/Levant … Continue reading →

Posted in Article 2, Cases, COVID-19, CPS, Crime, Deportation, ECHR, Human Rights Act, Judicial Review, Politics, Terrorism, UKSC | Tagged , , , , , , | Leave a comment