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Embarking on the journey of challenging a decision made by the Home Office can be a daunting task, fraught with legal complexities and procedural intricacies. Whether it’s an entry clearance, leave to remain...
Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) (Rev1) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for...
Where an individual’s presence in the UK is non-conducive to the public good, Part 9 of the Immigration Rules sets out that this is a mandatory ground for refusal or cancellation under the suitability requirements....
The case of Alo & Ors, R. (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2380 involved a judicial review claim brought by a family of Afghan nationals against the...
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...
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