Category Archives: Notices

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

Posted on March 10, 2025 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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

Notice of curtailment emailed eight months earlier upheld as lawful

Posted on June 9, 2024 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

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 rejects section 3C leave argument in 10 years’ continuous lawful residence claim

Posted on July 24, 2022 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Marepally v Secretary of State for the Home Department [2022] EWCA Civ 855 (24 June 2022) In this appeal involving indefinite leave to remain (ILR) on the basis of 10 years’ continuous lawful residence and notices, the Court of Appeal … Continue reading →

Posted in Appeals, Court of Appeal, Immigration Rules, Long Residence, Notices, Section 3C Leave | Tagged , , , , | Leave a comment

Proper notice is necessary in deprivation of citizenship cases

Posted on April 11, 2022 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

R (D4) v Secretary of State for the Home Department [2022] EWCA Civ 33 (26 January 2022)  In these proceedings, upholding the decision of Chamberlain J, the Court of Appeal held that section 40(5) of the British Nationality Act 1981 provided … Continue reading →

Posted in Appeals, Citizenship and Nationality, Court of Appeal, Deprivation of Citizenship, Detention, Judicial Review, Notices, Statelessness, Syria, UKSC | Tagged , , , , , , | Leave a comment

Deprivation of citizenship: Notice cannot be served by placing decision on subject’s Home Office file

Posted on August 13, 2021 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

D4, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 2179 (Admin) (30 July 2021)  In these insightful judicial review proceedings, Chamberlain J held that prior to making an order depriving a person of … Continue reading →

Posted in Citizenship and Nationality, Deprivation of Citizenship, High Court, ISIS/ISIL, Judicial Review, Notices, Parliament, SIAC, Statelessness, Syria, Terrorism, UKSC | Tagged , , , , , , , | Leave a comment

Court of Appeal clarifies giving of curtailment notices

Posted on November 27, 2020 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

R (Alam) v Secretary of State for the Home Department [2020] EWCA Civ 1527 (16 November 2020)  The Court of Appeal dismissed the appeals of Mr Masud Alam and Mr Masud Rana who had both appealed against the refusal of … Continue reading →

Posted in Bangladesh, Court of Appeal, Curtailment, Judicial Review, Notices, Tier 4, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Upper Tribunal demands adherence to proper standards of appellate advocacy

Posted on December 22, 2019 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Das (paragraph 276B – s3C – application validity) Bangladesh [2019] UKUT 354 (IAC) (8 October 2019)  This case makes a variety of points about the validity of immigration applications, the enjoyment of statutorily extended leave under section 3C of the … Continue reading →

Posted in Article 8, Bangladesh, ECHR, Immigration Rules, Judges, Judicial Review, Notices, PBS, Tribunals, UKSC | Tagged , , , , , | Leave a comment

Free Movement and Deportation: Nonjudicial Restrictions on the Right to Work are Lawful

Posted on December 30, 2016 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

R (Lauzikas) v Secretary of State for the Home Department [2016] EWHC 3215 (Admin) (16 December 2016) Like countless other European citizens, the Lithuanian claimant, Lauzikas, came to the UK to work the construction industry. He entered the UK in … Continue reading →

Posted in Citizens Directive, Citizenship and Nationality, CJEU, Deportation, Detention, ECHR, Employment, European Union, Human Rights Act, Immigration Act 2014, Notices, Proportionality, UKSC, Working | Tagged , , , , , , , , , | Leave a comment

Curtailment: Pakistani Wins Judicial Review Case

Posted on February 2, 2015 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

R (Javed) v Secretary of State for the Home Department [2014] EWHC 4426 (Admin) (09 December 2014) In the case of Hafiz Muhammad Zubair Javed, which raised a single point about a curtailment notice’s validity, Neil Garnham QC held that … Continue reading →

Posted in Cases, Immigration Rules, Judicial Review, Notices, Pakistan, PBS | Tagged | Leave a comment

A Nice Bit Of Beer

Posted on September 8, 2013 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Blackside Ltd, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2087 (Admin) (23 July 2013) The UK Border Agency (as it partially continues to call itself) is easily criticised for the way it … Continue reading →

Posted in Cases, Court of Appeal, ECHR, Judicial Review, Notices, UKSC | Tagged , , , | Leave a comment

Immigration and Stare Decisis

Posted on July 13, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Patel & Ors v Secretary of State for the Home Department [2012] EWCA Civ 741 (01 June 2012) The Court of Appeal (Lord Neuberger MR, Lady Hallett Vice President QBD and Stanley Burnton LJJ) has decided that the SSHD was not … Continue reading →

Posted in Court of Appeal, False Statements, Neuberger PSC, Notices, Sedley LJ, WHM | Tagged , , , | 1 Comment

Overstaying, flight side service and re-entry

Posted on June 25, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

The case of Singh (paragraph 320 (7A) – IS151A forms – proof) [2012] UKUT 00162 (IAC) is all about the cat and mouse charades which take place between the UK Border Agency and the subjects of immigration control. Moreover, the … Continue reading →

Posted in Appeals, Domestic Workers, False Statements, Heathrow, Immigration Rules, Notices, Removals, Tier 1, WHM | Tagged , , | Leave a comment

President Blake blasts postal payments

Posted on April 8, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Basnet (validity of application – respondent) Nepal [2012] UKUT 113 (IAC) (04 April 2012) A very large number of immigration applications are made in the post. In this important case the Upper Tribunal (President Blake and Judge Macleman) found that … Continue reading →

Posted in Appeals, Cases, Dependants, Fees, Notices, Students, Tier 4, Tribunals | Tagged , , | Leave a comment

Notices must advise accurately on appeal rights

Posted on April 2, 2012 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

E1/(OS Russia) v Secretary of State for the Home Department [2012] EWCA Civ 357 (22 March 2012) In this case the Court of Appeal (Pill, Moses and Sullivan LJJ) heard an appeal in a judicial review case. The court unanimously reversed … Continue reading →

Posted in Appeals, Court of Appeal, Notices, Refugee Convention, Settlement | Tagged , , , , | 1 Comment