Tag: Public law

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.

Theresa May loses Brexit legal challenge as High Court rules Parliament must vote on Article 50 trigger

The government just lost one of the most important constitutional cases in living memory. The historic judgment is likely to be a major setback for Theresa May’s plans to trigger Article 50 in March 2017.

Did Jeremy Hunt act illegally by forcing a new contract on junior doctors?

The High Court is considering a legal challenge by the junior doctors against a divisive new contract. It has potential to be one of this Autumn’s key cases in the public law field.

New Home Office guidance on adults ‘at risk’ in immigration detention

New Home Office guidance on the detention of vulnerable adults comes into force today. [1] Read it here.

When is it ‘necessary’ for a child with SEN to be given an EHC Plan?

Special Educational Needs (‘SEN’) law can be something of a bureaucratic labyrinth, navigated with equal frustration by parents, carers, young persons […]

Private life vs public interest: when does integration defeat deportation from the UK?

Theshort but significant Court of Appeal judgment in Secretary of State for the Home Department v Kamara [2016] EWCA Civ 813 concerned […]

Home Office guidance on deportation of EEA nationals unlawful

The Home Office guidance (published on 20 October 2014) contained the wrong test. It is unlawful, imposes a higher test […]

How to apply UK Parliament’s new(ish) human rights framework

Even before Rhuppiah v Secretary of State for the Home Department [2016] EWCA Civ 803, lawyers and Judges have engaged […]