ZV, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 2725 (Admin)

The asylum claim by a victim of trafficking from Lithuania was declared inadmissible by the Secretary of State on the basis that Lithuania is considered safe as an EEA member state. The Spanish Protocol preserves a broad discretion for member states to decline to apply the presumption that claims from EEA nationals are not admissible. … Continue reading ZV, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 2725 (Admin)

X and X v Staatssecretaris van Veiligheid en Justitie (Regulation (EU) No 604/2013) Joined Cases C-47/17 and C-48/17

Regulation (EU) No 118/2014 must be interpreted as meaning that, in the course of the procedure for determining the Member State that is responsible for processing an application for international protection, the Member State which receives a take charge or take back request under Articles 21 and 23 of Regulation (EU) No 604/2013 which, after … Continue reading X and X v Staatssecretaris van Veiligheid en Justitie (Regulation (EU) No 604/2013) Joined Cases C-47/17 and C-48/17

SA and Others v Secretary of State for the Home Department [2018] CSIH 71

This is an appeal against a refusal of petition for judicial review of a decision of the Upper Tribunal. There are two issues. The first is whether the Lord Ordinary erred in his approach to the substantial merits of the case; specifically in relation to his interpretation of paragraph 276ADE(1) of the Immigration Rules and … Continue reading SA and Others v Secretary of State for the Home Department [2018] CSIH 71

Islam, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin)

It had not been accepted that the Claimant was the nephew of an EEA national and therefore acknowledged that he was a "family member" for the purposes of Section 92(4)(b) of the 2002 Act. The Claimant is not a "family member" unless and until he satisfied all of the conditions in Regs 7(3) and 8 … Continue reading Islam, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin)