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The Supreme Court answered with a resounding yes, in R (on the application of Majera (formerly SM (Rwanda)) v Secretary of State for the Home Department [2021] UKSC 46. Facts Of The Case The case involved...
On 30 July 2021, the Supreme Court, of the same constitution, handed down two important decisions: R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37 and R (on the application...
In a judgment given on 30 July 2021 in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38, the Supreme Court assessed the lawfulness of policy guidance issued by the...
In July 2020, the Government launched the Independent Review of Administrative Law (“IRAL”), a panel of experts with the task of considering “whether the right balance is being struck between the...
As outlined in our previous series of blog posts, immigration judicial review allows you to challenge decisions by the Home Office when the decision does not attract a right of appeal or administrative review. An...
Please note that this is the final blog in a three-part series. You may wish to refer to the first blog, Judicial review: The basics and Preliminary steps for immigration judicial review before reading...
Is the Secretary of State under an obligation to consider whether to exercise his discretion outside of the Immigration Rules to grant leave to remain? Yes. Since R (Behary & Ullah) v SSHD [2016] EWCA Civ 702,...
Paragraph 322 (1A) of the Immigration Rules provides a mandatory ground for refusal in the following circumstance: “where false representations have been made or false documents or information have been submitted...
Please note that this blog is a part of a series on immigration judicial review. You may wish to refer to the first blog, Judicial review: The basics before reading this. Have all other avenues prior to immigration...
The legal right to appeal in various immigration cases has been persistently peeled away in recent years. This has seen an increase in immigration cases going through the processes of Administrative Review and...
In the first entry in this series of blogs, we clarified what deportation is, how deportation procedures can be engaged, and what the Secretary of State (via the Home Office) can do to enforce their decision to...
Please note that this blog is part of series of blogs on judicial review in the context of immigration law What is Judicial review? Judicial review is the review of public authority decisions by the court. It...
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