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

Tikka v The Secretary of State for the Home Department [2018]

In this appeal the Appellant's leave was curtailed under paragraphs 322(5) and (5A) and 323(i) of the Immigration Rules whilst trying to remain in the UK as a spouse of a person present and settled in the UK. Paragraph 322(1C) concerns particularly serious offences into which the Appellant's offence did not fall, however, the Secretary … Continue reading Tikka v The Secretary of State for the Home Department [2018]

IM (Pakistan) v Secretary of State for the Home Department [2018] EWCA Civ 626

The appellant is a national of Pakistan and previously lived in the Sheika Bur Luv-e Darya village in the Jhelum district of the Punjab. He first entered the United Kingdom with valid leave to enter as a student but subsequently overstayed. He eventually made a claim for asylum and relied on three grounds for doing … Continue reading IM (Pakistan) v Secretary of State for the Home Department [2018] EWCA Civ 626

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]

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]