OA (Nigeria) v Secretary of State for the Home Department [2018]

The Claimant, a Nigerian national, challenges a decision of the Secretary of State for the Home Department following his solicitor's request for reconsideration of a negative Reasonable Grounds Decision made under the National Referral Mechanism (NRM) for identifying victims of modern slavery (this includes human trafficking, slavery, servitude and forced or compulsory labour). The Claimant's … Continue reading OA (Nigeria) v Secretary of State for the Home Department [2018]

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MK v R [2018]

The common issue raised in both these appeals is whether the legal (or persuasive) burden of proof rests on the defendant when a defence is raised under section 45 of the Modern Slavery Act 2015, or whether the defendant bears only an evidential burden with the prosecution having to disprove to the criminal standard one … Continue reading MK v R [2018]

Khoroshenko v. Russia (App no. 41418/04)

Human rights – ECHR Art 8 – a prison regime which entailed restrictions on the types, frequency and duration of visits of family members involved an interference with family life – it was an essential part of a prisoner’s right to family life that he was permitted to maintain contact with close family members   Citation: … Continue reading Khoroshenko v. Russia (App no. 41418/04)

Sri Prathinik Consulting Ltd, R (On the Application Of) v The Secretary of State for the Home Department [2017]

Administrative process – Sponsor licences - both the lack of retained evidence of proof of a resident labour market test and the failure to assign a CoS within 6 months of the vacancy being advertised were sufficient grounds for revocation of a Tier 2 Sponsor licence on discretionary grounds - assigning a CoS after six months … Continue reading Sri Prathinik Consulting Ltd, R (On the Application Of) v The Secretary of State for the Home Department [2017]

Zuma’s Choice Pet Products Ltd & Anor v Azumi Ltd & Ors [2017]

Judicial process – Bias – a judge’s membership of the same chambers as an advocate before them is not a reason for recusal – it is a common occurrence that litigants make accusations against their opponents and their representatives which turn out on examination to be unfounded or based on misconceptions (Floyd LJ) Citation: Zuma's Choice … Continue reading Zuma’s Choice Pet Products Ltd & Anor v Azumi Ltd & Ors [2017]

Gayle v The Secretary of State for the Home Department [2017]

Immigration – Indefinite leave to remain – an application for indefinite leave to remain, rather than for the usual 30 months given under the leave outside the Rules policy - whether there were "particularly exceptional or compelling reasons" to grant ILR under the policy involved considering whether there was sufficient evidence to demonstrate that the individual … Continue reading Gayle v The Secretary of State for the Home Department [2017]

GE v Secretary of State for Work and Pensions [2017]

Residence for the initial 3 months and as a jobseeker counts towards the subsequent acquisition of a permanent right of residence under domestic UK law. Whether a claimant satisfies the right to reside test is assessed down to the date of the decision not as at the date of claim. Citation: GE v Secretary of … Continue reading GE v Secretary of State for Work and Pensions [2017]