Category: Public law

UPDATE: Home Office delay of 9 years ‘critical’ in deportation appeal

Severe delays are not uncommon in immigration and asylum cases, as many applicants discover to their dismay. Here, Home Office inertia was a key reason why a woman’s deportation became unlawful.

Rights of the Child: a 36 Immigration forum

“Every child matters”: but in immigration law, some children matter more than others. Join us for a lively discussion of the major legal developments on child rights in the immigration context followed by food and drink.

Minimum income requirements for spousal visas are lawful, but breach duty to safeguard children – says UK Supreme Court

For families divided by Home Office income requirements, this latest case on the human right to family life offers mixed results. While the main challenge to the Rules failed, parts of the policy were heavily criticised.

Couple stranded at Heathrow airport win claim for unlawful detention

The Home Office accused Mr Iqbal of cheating in his English language test. They cancelled his visa and detained him and his wife. The High Court has now found that the Home Office had failed to prove he cheated and had detained him unlawfully.

No duty on Secretary of State to keep making deportation orders after revocation

The law on automatic removal of “foreign criminals” from the UK imposes no duty on Secretary of State to keep making deportation orders after a revocation decision.

Allegations of deception made against immigration detainees must be carefully considered

The Home Office accuses detainees of deception frequently.
Resolving these disputes is not easy and, according to the Court of Appeal, requires careful analysis.

Officials used “duress and manipulation” to expel foreign students accused of cheating in language tests

The government pushed a UK College to expel foreign students based on flimsy evidence that they had cheated in English language tests, according to a judgment of the Upper Tribunal in the latest twist to the ETS fraud scandal.

Court dismisses Theresa May’s appeal in student fraud scandal

The Court of Appeal has dismissed the Secretary of State’s appeal in the ETS/TOEIC fraud case of Qadir v Secretary of State for the Home Department [2016] EWCA Civ 1167 and given some guidance on what should happen in pending appeals.

Ordinary family ties won’t stop deportation of “foreign criminals”, finds Court of Appeal

The Court of Appeal has asserted the relevance of the Immigration Rules in Article 8 appeals against deportation orders, taking a fine tooth-comb to Tribunal decisions that don’t attach sufficient weight to the Rules.

UK Supreme Court rules on Article 8 in deportation appeals

Whether deportation of a “foreign criminal” infringes a person’s right to family and private life in the UK cannot be assessed only through the prism of the Immigration Rules. However, Judges must give considerable weight to the Rules, according to the Supreme Court cases of Ali and Makhlouf.