In a rare step, the Court of Appeal has granted an application to re-open an appeal where the judge deciding it did not have the right documents and the appellant had nowhere else to turn for a remedy against a Home Office family visa refusal.
In this judgment, the Court of Appeal gives important guidance on the defence of illegality of contract in the context of the UK’s ‘right to work’ system for non-EU national workers and employees.
Full analysis of this landmark judgment sets out fresh guidance for immigration cases on the law of children’s best interests, and the extent to which parental misconduct can be considered in human rights claims involving settled children.
The UK Supreme Court case of KO (Nigeria) is expected to bring further clarity to immigration cases that involve the removal of parents of children who are settled in the UK. Here are some resources on the topic.
Allegations of bias are easily made but hard to prove. Two recent Upper Tribunal cases have discussed the duty of advocates to raise issues of procedural unfairness as and when they occur.
The Home Office unlawfully detained an EEA national who spent over a year in immigration detention, after it emerged that there was no ‘realistic prospect of deporting the claimant within a reasonable period’.