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

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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

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)

Ahmedbekova v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Directive 2011/95/EU) Case C-652/16

Article 33(2)(e) of Directive 2013/32 does not cover a situation in which an adult lodges, in her own name and on behalf of her minor child, an application for international protection which is based, inter alia, on a family tie with another person who has lodged a separate application for international protection. The involvement of … Continue reading Ahmedbekova v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Directive 2011/95/EU) Case C-652/16