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)

K and B v Staatssecretaris van Veiligheid en Justitie (Directive 2003/86/EC) Case C-380/17

Article 12(1) of Directive 2003/86 does not preclude national legislation which permits an application for family reunification lodged on behalf of a member of a refugee's family, on the basis of the more favourable provisions for refugees of Chapter V of that directive, to be rejected on the ground that that application was lodged more … Continue reading K and B v Staatssecretaris van Veiligheid en Justitie (Directive 2003/86/EC) Case C-380/17

Secretary of State for the Home Department v G (Algeria) [2018] EWCA Civ 2493

It had been wrong to quash the previous decision for the principal reason given, namely that (in effect) the Claimant was entitled to ILR. But: the decision was liable to be quashed nevertheless because the Secretary of State failed properly to take into account the evidence of the impact on the Claimant of the repeated … Continue reading Secretary of State for the Home Department v G (Algeria) [2018] EWCA Civ 2493

Rahman, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1572

Following the judgment (Ahsan and Others v Secretary of State for the Home Department [2017] EWCA Civ 2009, the SSHD reviewed appeals in this court which had been stayed pending Ahsan, about 250 in number; and subsequently offered to compromise them. Most of the appellants were content with the substantive relief offered, but not with … Continue reading Rahman, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1572

E.G. v Republika Slovenija (Directive 2013/32/EU) Case C-662/17

Subsidiary protection status, granted under legislation of a Member State does not offer the 'same rights and benefits as those offered by the refugee status under Union and national law', so that a court of that Member State may not dismiss an appeal brought against a decision considering an application unfounded in relation to refugee … Continue reading E.G. v Republika Slovenija (Directive 2013/32/EU) Case C-662/17

KM (Algeria) v the Secretary of State for the Home Department [2017] EWCA Civ 2662

Was it contrary to the interests of justice and a procedural irregularity for the Upper Tribunal to determine the appeal in KM’s absence, and without giving him a further opportunity to attend by adjourning the hearing. It was held that what is or is not required in the interests of justice will depend on the … Continue reading KM (Algeria) v the Secretary of State for the Home Department [2017] EWCA Civ 2662