Category Archives: Judicial Review

The label on the tin is obviously important: AI hallucinations and false authorities in the Upper Tribunal

R (Munir) v SSHD (AI hallucinations; supervision; Hamid) [2026] UKUT 81 (IAC) (17 November 2025) In this case, the Upper Tribunal (Judges Lindsley, Keith and Blundell) made a series of observations about the use of Artificial Intelligence (“AI”) and gave … Continue reading →

Posted in AI, Cases, Evidence, Hamid, Judicial Review, Removals, Skilled Worker, Tribunals | Tagged , , , , , , | Leave a comment

Indian student’s visa cancellation held unlawful  

Kaur & Anor, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 1942 (Admin) (25 July 2025) In these judicial review proceedings, Matthew Butt KC held that Mrs Kaur’s permission to remain was cancelled … Continue reading →

Posted in Article 8, Cancellation, Damages, ECHR, Human Rights, Immigration Rules, India, IS.91R notice, Judicial Review, RED.0001 notice, Students | Tagged , , , , , , | Leave a comment

Upper Tribunal refuses costs because proceedings only existed “in the realm of politics and not in the realm of law”  

IX, R (On the Application Of) v Secretary of State for the Home Department (Judicial Review; costs) [2025] UKUT 154 (IAC) (23 April 2025) The Upper Tribunal (Swift J, UTJ Smith) has reiterated that the general rule (Civil procedure Rules … Continue reading →

Posted in Asylum, Costs, Immigration Rules, Judicial Review, MEDP, Refugee Convention, Removals, Rwanda | Tagged , , , , , | Leave a comment

Court of Appeal: No duty on SSHD to conduct assessment of impact of revocation on sponsor 

R (Prestwick Care Ltd & Ors) v Secretary of State for the Home Department [2025] EWCA Civ 184 (11 March 2025) Singh, Baker and Jeremy Baker LJJ held in this case that in deciding whether to revoke a Tier 2 … Continue reading →

Posted in Appeals, Court of Appeal, Employment, Fairness, Judicial Review, Sponsor Guidance, Sponsorship Licence, Working | 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

“Good character” requirement for British citizenship cannot be overridden or outweighed by a child applicant’s interests  

Jackson, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 2012 (Admin) (31 July 2024) In this case, Sweeting J refused to grant permission to apply for judicial review of the SSHD’s refusal to … Continue reading →

Posted in British Citizenship, Children, Crime, Good character, Judicial Review, Naturalisation, Passports, s 55 BCIA, 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

SCA must consider creation of debt bondage and repayment by modern slavery

R (On the Application Of SM) v The Secretary of State for the Home Department [2024] EWHC 1683 (Admin) (01 July 2024) In these judicial review proceedings, Sarah Clarke KC (Sitting as a Deputy Judge of the High Court) held … Continue reading →

Posted in Albania, Children, Debt bondage, ECHR, Human Trafficking, Judicial Review, Modern Slavery, NRM, Passports, SCA | Tagged , , , , | Leave a comment

Issue estoppel prevents refusal of passport once a person is judged to be a British citizen by the FTT

R (Islam) v Secretary of State for the Home Department [2024] EWHC 1838 (Admin) (17 July 2024) In these proceedings, HHJ Auerbach (Sitting as a Judge of the High Court) held that issue estoppel prevented the Home Secretary, through the … Continue reading →

Posted in Bangladesh, British Citizenship, Deportation, Judicial Review, Nationality, Right of abode, Tribunals | Tagged , , , , , | Leave a comment

Obligation of civil servants under the Civil Service Code not breached by defunct ministerial Rwanda removal decisions 

FDA, R (On the Application Of) v Minister for the Cabinet Office & Anor [2024] EWHC 1729 (Admin) (05 July 2024) Rwanda removals were the Conservative party’s vanity project which cost the UK taxpayer £700 million. Everything was wrong with … Continue reading →

Posted in Africa, Asylum, Civil Service Code, ECHR, High Court, International Law, Judicial Review, Politics, Refugee Convention, Rwanda | Tagged , , , , , , | Leave a comment

Revocation of sponsor licence without providing a meaningful opportunity to respond is unlawful

R (New Hope Care Ltd) v Secretary of State for the Home Department [2024] EWHC 1270 (Admin) (24 May 2024) In these judicial review proceedings, David Pievsky KC held that the SSHD’s decision to revoke New Hope Care Ltd’s sponsor … Continue reading →

Posted in Article 5, Employment, Fairness, Judicial Review, Sponsorship Licence | Tagged , , , , , | Leave a comment

Notice of curtailment emailed eight months earlier upheld as lawful

Escobar v Secretary of State for the Home Department [2024] EWHC 1097 (Admin) (10 May 2024) Sheldon J held in this case that Mr Marco Antonio Escobar, a Bolivian national who had leave to remain in the UK on the … Continue reading →

Posted in Curtailment, Immigration Rules, Judicial Review, Notices, Spouse visa, Spouses | Tagged , , , , | Leave a comment

Court of Appeal’s guidance as to damages and delay in lifting NRPF condition

ASY & Ors v Home Office [2024] EWCA Civ 373 (18 April 2024) Allowing this appeal, the Court of Appeal provided guidance as to when a claimant had a right to damages for breach of their rights under article 3 of … Continue reading →

Posted in Article 3, British Citizenship, Children, Court of Appeal, Damages, ECHR, Judicial Review, NRPF | 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

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

Somali ILR holder stranded in Africa for 16 years succeeds in Cart judicial review in Court of Appeal  

Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 (17 April 2024) Andrews LJ described this case as “most extraordinary”. The Court of Appeal held that FTTJ Rhys Davies had erred in his interpretation of … Continue reading →

Posted in Article 8, Court of Appeal, ECHR, Entry Clearance, Ethiopia, Immigration Rules, Judicial Review, Permanent Residence, Settlement, UKSC | 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

Appendix FM leave knocks out Zambrano right of residence

R (Akinsanya & Anor) v Secretary of State for the Home Department [2024] EWHC 469 (Admin) (11 March 2024) Eyre J has held that before Brexit, the right to reside in the UK available to carers under the decision in … Continue reading →

Posted in Appendix EU, Appendix FM, Brexit, Children, Immigration Rules, Judicial Review, NRPF, Settled Status, Settlement, Zambrano | Tagged , , , , , , , | Leave a comment

Three year delay in making decision on application is lawful

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 … Continue reading →

Posted in Article 8, China, Court of Appeal, ECHR, Hostile Environment, Immigration Rules, Judicial Review, Skilled Worker, Tier 1 | Tagged , , , , , | Leave a comment

Supreme Court dismisses long residence appeals

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 … Continue reading →

Posted in Appeals, Court of Appeal, ILR, Immigration Rules, Judicial Review, Long Residence, Nigeria, Overstaying, Pakistan, Section 3C Leave, Settlement, UKSC | Tagged , , , , , , | Leave a comment