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Notable Cases - immigration Law


RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850 (17 May 2019)

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AJ (s 94B: Kiarie and Byndloss questions) Nigeria [2018] UKUT 115 (IAC)

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D2 (Exclusion : Substantive) [2019] UKSIAC SC_112_2012 (8 February 2019)

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R (on the application of SM & Others) v Secretary of State for the Home Department (Dublin Regulation – Italy) [2018] UKUT 429 (IAC)

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The Queen (on the application of XYL) v SSHD

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The Queen (on the application of Q) v Leicestershire County Council and the SSHD [2016] EWHC 2087

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Herrera v The Secretary of State for the Home Department [2018] EWCA Civ 412 (31 January 2018)

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MG, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 31 (Admin) (23 January 2018)

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R (on the application of RM) v Secretary of State for the Home Department (Dublin; Article 27(1); procedure) [2017] UKUT 00260 (IAC)

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NA (Sudan) v SSHD, [2016] EWCA Civ 1060

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SSHD v FY(Somalia) [2017] EWCA Civ 1853

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ZG & SA (Naturalisation : Substantive) [2016] UKSIAC 1_SN_23_2015 (20 April 2016)

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ZEI and others (Decision withdrawn – FtT Rule 17 – considerations) Palestine [2017] UKUT 00292 (IAC)

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AH (Jamaica) v Secretary of State for the Home Department [2017] EWCA Civ 796 (23 June 2017)

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TH (Bangladesh) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 815 (10 August 2016)

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Hossain & Ors v Secretary of State for the Home Department (Rev 1) [2016] EWHC 1331 (Admin) (07 June 2016)

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JA (child – risk of persecution) Nigeria [2016] UKUT 00560 (IAC)

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AZ (Syria) v Secretary of State for the Home Department [2017] EWCA Civ 35

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NA(Pakistan); Case C 115/15

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Auleear v Secretary of State for the Home Department [2016] EWHC 2833 (Admin) (10 November 2016)

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Cham, R (on the application of) v Secretary of State for the Home Department (Rev 1) [2016] EWHC 1345 (Admin) (17 June 2016)

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Kannathasan, R (on the application of) v The Secretary of State for the Home Department [2015] EWHC 3574

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AS (Afghanistan) v Secretary of State for the Home Department & Anor [2009] EWCA Civ 1076

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AM & AM (armed conflict: risk categories) Somalia CG [2008] UKAIT 00091

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GM (Eritrea); YT (Eritrea); MY (Eritrea) v. Secretary of State for the Home Department, [2008] EWCA Civ 833

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R (PK (DRC)) v SSHD [2009] EWCA Civ 302

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MY (Turkey) v. Secretary of State for the Home Department, [2008] EWCA Civ 477

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Miao v Secretary of State for the Home Department, Court of Appeal [2006] EWCA Civ 75

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MA (Somalia), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 966 (30 July 2013)

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AZ v SSHD [2015] EWHC 3695 (Admin)

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Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245

 

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MF (Article 8 – New Rules) Nigeria v. SSHD [2012] UKUT 00393 (IAC)

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MF (Nigeria) v SSHD [2013] EWCA Civ 1192


R (on the application of Saboun) v Secretary of State for the Home Department IJR [2015] UKUT 0269 (IAC)

 

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MS & Ors v Secretary of State for the Home Department [2015] EWHC 1095 (Admin)

 

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EM Eritrea & Ors v SSHD [2012] EWCA Civ 1336

 

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EM Eritrea & Ors v SSHD [2014] UKSC 12

 

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R(on the application of Natalia Heritage)v SSHD IJR [2014]UKUT 441(IAC)

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R (on the application of Rahman) [2014] EWHC 1640 (Admin)

five of thirty-eight months detention were found unlawful

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R (on the application of Yegorov) [2011] EWHC 3358 (Admin)

The detention of a Russian national held for 31 months at trial, and 10 months of the total period, was found unlawful.

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E v SSHD [2014] EWHC 1030 (Admin)

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AHK & Ors v Secretary of State for the Home Department [2014] EWCA Civ 151

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MF (Nigeria) v SSHD [2013] EWCA Civ 1192

The key point in this appeal is that the Rules from both the Home Office position and the Court of Appeal (see para 39) do not herald a restoration of the exceptionality test and the Rules have to be interpreted consistently with Strasbourg.

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EM (Eritrea) & Ors v Secretary of State for the Home Department, [2012] EWCA Civ 1336

This important and topical case, going to the Supreme Court in November 2013, concerns the return of asylum seekers between member states of the EU.  The Court of Appeal thought that the so-called ‘Dublin’ system sets a higher threshold for establishing an individual’s risk of inhuman or degrading treatment than the ECHR does and this higher test “exists nowhere else in refugee law“.  The appeal seeks to resolve this clash and the outcome will have significant consequences for the rights of vulnerable asylum seekers who face homelessness and ill-treatment if removed to such EU countries as Italy.

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E1 (OS Russia) v Secretary of State [2012] EWCA Civ 357

The UK cancelled our client’s indefinite leave to remain while he was out of the country and told him he could only appeal from abroad. The Court of Appeal decided the Secretary of State was wrong. The client was able to return to fight his appeal from the UK.

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Y, R (on the application of) v Secretary of State for the Home Department, EWHC 1075 (Admin)

This case involves historic victims of trafficking which are currently being denied the rights and benefits derived from the Trafficking Convention. It is currently at the Court of Appeal.

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RT (Zimbabwe) and others v Secretary of State for the Home Department, [2012] UKSC 38

This was a ground breaking decision upholding the right not to hold political or religious views. The court found that the ability to exercise free choice as to whether to have political views or not is key to human dignity.

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MF (Article 8 – New Rules) Nigeria v. SSHD [2012] UKUT 00393 (IAC)

This is the leading case on the interpretation of the new Immigration Rules that came into force on 9th July 2012 on Article 8 cases for foreign national criminals.  The client’s appeal was allowed on human rights grounds.

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PO (Nigeria) v Secretary of State for the Home Department, [2011] EWCA Civ 132

This case started out as CG on Nigerian victims of trafficking. This was the first case involving a victim human trafficking to be heard by the Court of Appeal. The appeal was successful and helpful interim guidance findings were made by the Court of Appeal.

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E1 v Secretary of State for the Home Department [2011] UKSIAC 93/2010 (23 March 2011)

E1 v Secretary of State for the Home Department

 

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Elmi, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2775 (Admin) (13 October 2010)

This case successfully challenged the Secretary of State for the Home Department’s failure to consider a request for an application for entry clearance to be accepted without the payment of a fee.

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HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31.

This was a visionary case that established the Refugee Convention protects a gay person’s right to live a free and open life. As a result of this case HT was recognised as a refugee in the UK. The case involved complex interpretation of refugee law.

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AM and BM (Trafficked women) Albania v. Secretary of State for the Home Department, CG [2010] UKUT 80 (IAC),

Successful Country Guidance case on Albanian victims of trafficking for sexual exploitation. This is the key case on victims of trafficking from Albania.

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KB (Trinidad and Tobago) v. SSHD [2010] EWCA Civ 11

The Home Office unsuccessfully argued that a different Article 8 test should apply to foreign national criminals, in clear contravention of human rights caselaw, and the client was allowed to keep his indefinite leave to remain in the UK.

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Secretary of State for the Home Department v AP [2010] UKSC 24 (16 June 2010)

This complex case concerned the lawfulness of conditions imposed through control orders under the Prevention of Terrorism Act 2005.  The Supreme Court found unanimously that the restrictions imposed on the client, including a 16 hour curfew and relocation to a town a long way from his family, were severe enough to amount to a deprivation of liberty under Article 5 of the ECHR.

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MJ (Angola) v Secretary of State for the Home Department [2010] EWCA Civ 557 (20 May 2010)

The Court of Appeal allowed the client’s appeal against a decision to make a deportation order on Article 8 grounds.  The court found the Home Office  needed very serious reasons  to justify deporting a settled migrant suffering from paranoid schizophrenia, who had lawfully spent the majority of his youth in the UK, even though he had criminal convictions.

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BA (Nigeria) and PE (Cameroon) v Secretary of State for the Home Department [2009] UKSC 7

PE was the subject of a deportation order for having false documents which he used to work to support himself, before he was recognised as a refugee. The Home Office wanted to ignore new medical evidence and deport him, without giving him an appeal. This case established that where the Home Office  refuses to revoke a deportation order the client will have a right of appeal

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MK (Lesbians) Albania v. Secretary of State for the Home Department CG [2009] UKAIT 00036

Country Guidance case on lesbians from Albania – this case represented a lot of work, but the legal principles have now been clarified by the Supreme Court in HT.

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NR (Jamaica) v. SSHD [2009] EWCA Civ 856

A Court of Appeal deportation appeal with one of the main arguments in the appeal being the risk of persecution to the client as a lesbian returning to Jamaica.  The Court of Appeal accepted that the Tribunal had dealt with the issue of the client’s sexuality very badly.

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SJ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT00082

A Country Guidance case concerning an Iranian Catholic convert from Islam (JM).  His appeal was successful as the Tribunal found it likely that the appellant  would not be able to practise his religion without persecution if in Iran.

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Saadi v UK in Grand chamber ECHR

This case related to the detention of asylum seekers in the Oakington fast track and was the first time the Strasbourg Court ruled on asylum seekers in the Grand Chamber.

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AB (Protection – Criminal Gangs – Internal Relocation) Jamaica v. Secretary of State for the Home Department CG [2007] UKAIT 00018

Country Guidance case concerning victims of gang-related violence. Although the appeal was not allowed, a very useful finding was made by the Tribunal to the effect that the Jamaican authorities cannot protect victims of gang violence within the Kingston Metropolitan Area (KMA). This case is still good law

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FK (DRC) v. SSHD [2007] EWCA Civ 1545

An important case dealing with a mother’s attempt to remain in the UK with her British Citizen husband and children.  The Court of Appeal accepted that the Article 8 ECHR assessment of the first Judge was correct and that the client should not be forced to return to the Democratic Republic of Congo which would split up the family.

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HH (Rule 23: Meaning Extent) Iraq [2007] UKAIT00036

In asylum appeals the Home Office  gets to see the determination up to 28 days before it is shown to the appellant. This important case put an end to the Home Office practice of appealing a determination prior to it being served on the asylum seeker.

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AS and AA (Effect of previous link determination) Somalia [2006] UKAIT00052

This case clarified the law in relation to the appeal determination of a family member, confirming that this should be the starting point and the narrative content taken as evidence of what happened up to the date of the determination.

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The Queen on the application of Yussuf (Claimant) v. SSHD [2005] EWHC 2847 (Admin)

A Judicial Review challenge to the Home Office decision to return an asylum seeker to Greece on safe third country grounds.  The application was successful on Article 8 ECHR grounds on the basis that the client had a particularly strong bond with his sisters in the UK who had refugee status.

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Sadia Abdi v Secretary of State for the Home Department [2005] EWCA Civ 1363

This case involved the right to family life and the attempts to return an asylum seeker to Italy when her mother was in the UK. Complex identity issues had to be resolved.


Secretary of State for the Home Department v Elizabeth Akaeke [2005] EWCA Civ 947

This is a key case challenging the Home Office delay in making a decision on an immigration application. The case was built through persistent correspondence and the Home Office was found to be rather exposed in the Court of Appeal. The client was granted leave to stay in the UK.

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Djebbar v Secretary of State for the Home Department [2004] EWCA Civ 804

This case was an attempt to escape the adverse consequence of a country guidance case.


AA (Risk – Geledi – Benadiri clan) Somalia [2002] UKIAT05720

In this case the Tribunal accepted that members of the Somali Geledi clan should be granted refugee status.

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KA and SSHD [2002] UKIAT00266

An important starred determination of Mr Justice Collins confirming our client did have a right of appeal under  the Immigration and Asylum Act 1999, despite defects in the Home Office notice of decision.

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NH and SSHD [2002] UKIAT05912

Confirmed that a Somali national and member of the minority Tunni clan should be granted refugee status


Lul Omar Adan in House of Lords 2000

The House of Lords held that “the sky would not fall in” if a victim of the Somali civil war had her asylum claim considered in the UK, as opposed to being returned to Germany.

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Farah v British Airways

The Home Office gave inaccurate information to British Airways about the client’s immigration status and as a result they were detained in Egypt for 8 days. This case established that they could sue the Home Office and BA for damages.

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Doldur 1998

In this case the court looked at whether the client was an illegal entrant by deception. It involved a thorough analysis of interview notes.


Hassan Hussein Adan in House of Lords 1998

This case explored the extent to which an innocent person caught up in the Somali civil war can qualify for refugee status. Considerable research was conducted on the original discussions leading upto the signing of the 1951 Refugee Convention and academic commentators.

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