Guest blog

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Human rights applications and statutory rights to appeal – the domestic abuse context

By Joel Reiss, Latitude Law, 26 October 2021

For a while now, the case of MY (Pakistan) [2021] EWCA Civ 1500 has been pending before the Court of Appeal. The appealed decision, made by the Upper Tribunal (IAC) on 17 February 2020, removed the right to a statutory appeal where the Home Office had not considered any human rights…

New Judgment: R (on the application of Majera (formerly SM (Rwanda)) v Secretary of State for the Home Department

By Jocelyn Hutton, UK Supreme Court Blog, 20 October 2021

[2021] UKSC 46, on appeal from: [2018] EWCA Civ 2770 The Appellant is a national of Rwanda who had been granted indefinite leave to remain in the United Kingdom. After being convicted of serious criminal offences in 2006, he received a sentence of imprisonment and in 2012 was made the…

Upper Tribunal decides modified Paposhvili test applies to mental illness/risk of suicide cases

By Alice Muzira, 15 October 2021

In MY (Suicide risk after Paposhvili) Occupied Palestinian Authority [2021] UKUT 232 (IAC) (23 August 2021), the Upper Tribunal made it clear from the outset that the appellant's appeal was allowed on Article 3 health grounds, which was the determinative issue in the appeal. The Headnote…

Crimes of Arrival in the Nationality and Borders Bill

By Adrian Berry, Cosmopolis, 06 October 2021

Introduction The Nationality and Borders Bill further criminalises people coming to the UK to seek asylum. It does so by switching the emphasis from 'entering' the UK to 'arriving' in the UK. The difference is significant. Together with a combination of other powers, it means that people…

If my child is British, can I stay in the UK?

By Amar Ali, Reiss Edwards, 01 October 2021

If you are a foreign national with a British child and have made the decision to move to the UK, it is vital that you understand the immigration options available to you. Under the UK's immigration rules, the principal visa route for foreign nationals who want to join their family members…

Is ‘Operation Warm Welcome’ at odds with the government’s Nationality and Borders Bill?

By Siso Sibanda, 1 Absolute Adviser , 28 September 2021

The situation in Afghanistan evolved at a rapid rate: in just a matter of weeks, the allied forces were evacuating citizens, staff and vulnerable people deemed at risk of the Taliban in a chaotic dart to safety. Although the UK managed to evacuate 15,000 people from the country, hundreds…

New Judgment: R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41

By Matrix Legal Support Service, UK Supreme Court Blog, 22 September 2021

The Supreme Court unanimously dismissed this appeal concerning the effect of structural unfairness in the Fast Track Procedure 2005 on individual appeal determinations. The appellant, a Vietnamese national, claimed asylum in January 2004 based on religious persecution in Vietnam for being…

In the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders Bill

By Adrian Berry, Cosmopolis, 15 September 2021

Introduction By its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and into international waters and into foreign waters. In so doing it seeks powers…

Revival of section 3C leave approved by Court of Appeal

By Asad Ali Khan, 13 September 2021

R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021) In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time appeal against the refusal of an application to…

EU migrants continue to fall through the cracks – and into the hands of traffickers

By Siso Sibanda, 1 Absolute Adviser, 06 September 2021

The EU Settlement Scheme (EUSS) has been fraught with difficulty since its inception. Now, it is tangled with a backlog of applications and delays reaching up to a year, not to mention fears that thousands still may not have applied despite the deadline coming to a close on 30 June.…

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