Articles tagged as Immigration Law
Latest Law Papers tagged as Immigration Law
Including law essays, dissertations, problem questions, case summaries, and law lectures, suitable for law students working towards their LLB / LLM qualifications or those studying for the new SQE.
Odelola v Secretary of State for the Home Department [2009] UKHL 25
Case Summaries
Dr Odelola, a Nigerian doctor, applied for leave to remain in the UK under immigration rules permitting overseas medical graduates. Before her application was determined, the rules changed to require UK qualifications. The House of Lords held the new rules applied to pending applications, dismissing her appeal. Background The appellant, Dr Odelola, was a Nigerian […] ...
Last modified: 10th Nov 2026
R v Secretary of State for the Home Department, ex p Bugdaycay [1987] AC 514
Case Summaries
Four asylum appeals tested the courts’ review powers. Three failed, but Musisi’s removal orders were quashed because the risk of return from Kenya to Uganda had not been adequately considered. ...
Last modified: 6th Nov 2026
Akbars Restaurant (Middlesborough) Limited v Secretary of State for the Home Department [2026] UKSC 26
Case Summaries
The Supreme Court allowed a restaurant company’s appeal against a £15,000 civil penalty for employing a worker who had no permission to work. The penalty notice was invalid because it listed every alternative ground in section 15(1) of the Immigration, Asylum and Nationality Act 2006 without stating which ground the Secretary of State thought applied. […] ...
Last modified: 4th Nov 2026
CAO v Secretary of State for the Home Department (Northern Ireland) [2024] UKSC 32
Case Summaries
A Home Office refusal letter considered the welfare of CAO’s children without expressly mentioning the statutory guidance on safeguarding children. The Supreme Court distinguished two questions: whether officials had in substance followed the guidance, and whether the tribunal had itself lawfully determined the human rights appeal. The claim and the decision letter CAO sought asylum […] ...
Last modified: 4th Nov 2026
R (on the application of Wang and another) v Secretary of State for the Home Department [2023] UKSC 21
Case Summaries
The investor immigration rules in force when Ms Wang applied allowed a qualifying investment to be financed with borrowed money. Having a loan in her name was insufficient. The Supreme Court examined who could actually decide where the £1 million went. That question determined her entitlement to points under the rules. Ms Jie Wang sought […] ...
Last modified: 4th Nov 2026
R (on the application of Marouf) v Secretary of State for the Home Department [2023] UKSC 23
Case Summaries
A resettlement scheme for people displaced by the Syrian conflict used referrals from one UN agency. In Lebanon, Palestinian refugees came under a different agency that could not refer them. Ms Marouf challenged that consequence. The issue before the Supreme Court was whether the Home Secretary owed the public sector equality duty in respect of […] ...
Last modified: 4th Nov 2026
R (on the application of AAA (Syria) and others) v Secretary of State for the Home Department [2023] UKSC 42
Case Summaries
The issue in November 2023 was whether people removed to Rwanda under the 2022 asylum arrangements would be protected from being sent on to a country where they faced persecution or ill-treatment. Rwanda had given assurances. The Supreme Court examined whether its asylum system could put those assurances into practice at the time of the […] ...
Last modified: 4th Nov 2026
R (on the application of Afzal) v Secretary of State for the Home Department [2023] UKSC 46
Case Summaries
These joined appeals concerned the ten years of continuous lawful residence required by the Immigration Rules then in force. Mr Afzal had a gap that could be overlooked, but he needed the time spent in that gap to reach ten years. Mr Iyieke first had to establish whether his gap could be overlooked at all. […] ...
Last modified: 4th Nov 2026
R (on the application of Begum) v Special Immigration Appeals Commission and related appeals [2021] UKSC 7
Case Summaries
In 2021 the Supreme Court considered what should happen when a person challenging the loss of British citizenship cannot participate effectively from abroad and the Home Secretary assesses that their return would threaten national security. The question concerned how Shamima Begum’s appeal could proceed. The Court did not decide the merits of the deprivation appeal. […] ...
Last modified: 4th Nov 2026
R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38
Case Summaries
The question was whether Home Office age-assessment guidance, as it stood during the period in issue, directed officers to act unlawfully. A mistake about someone’s age could lead to a child being detained under rules for adults. The Supreme Court distinguished that individual risk from a direction in the policy itself. The facts and the […] ...
Last modified: 4th Nov 2026
R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41
Case Summaries
The rules used to fast-track TN’s asylum appeal were later held to be structurally unfair. Did that invalidate every decision made under them, or did TN have to show how the procedure affected the fairness of her own hearing? TN’s asylum appeal was dismissed by the First-tier Tribunal under the 2005 fast-track rules. She later […] ...
Last modified: 4th Nov 2026
Sanambar v Secretary of State for the Home Department [2021] UKSC 30
Case Summaries
Mr Sanambar had lawfully spent most of his childhood in the United Kingdom. The Supreme Court considered how that history affected the proportionality of deportation for serious offences committed while he was under 18. In particular, did the Strasbourg requirement for very serious reasons impose an extra test? Mr Sanambar came to the United Kingdom […] ...
Last modified: 4th Nov 2026
R (on the application of Majera (formerly SM (Rwanda))) v Secretary of State for the Home Department [2021] UKSC 46
Case Summaries
A First-tier Tribunal judge granted immigration bail and did not ban unpaid work. The Home Secretary nevertheless prohibited both paid and unpaid employment. The Supreme Court held that she could not lawfully disregard the tribunal’s order, even if it was defective, without first having it varied or set aside. Mr Majera was detained under immigration […] ...
Last modified: 4th Nov 2026
AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17
Case Summaries
The Supreme Court held that article 3 of the European Convention on Human Rights may prevent the deportation of a seriously ill person who is not already close to death, where removal would create a real risk of a serious, rapid and irreversible decline in health resulting in intense suffering or a substantial reduction in […] ...
Last modified: 4th Nov 2026
R (on the application of DN (Rwanda)) v Secretary of State for the Home Department [2020] UKSC 7
Case Summaries
The Supreme Court held that DN, a recognised refugee, had been unlawfully detained for deportation. The detention depended on a decision to deport him for a conviction which a 2004 Order treated as a particularly serious crime, and that Order was ultra vires. He may pursue damages for false imprisonment, but the Court did not […] ...
Last modified: 4th Nov 2026
MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9
Case Summaries
The Supreme Court held that an immigration tribunal hearing a human rights appeal against removal must decide for itself whether the person is a victim of trafficking and is not bound by an earlier National Referral Mechanism decision. It restored the Upper Tribunal’s conclusion that removing MS to Pakistan would breach article 4 of the […] ...
Last modified: 4th Nov 2026
R (on the application of Pathan) v Secretary of State for the Home Department [2020] UKSC 41
Case Summaries
Mr Pathan applied to extend his permission to stay so that he could continue working for his employer. While that application was outstanding, the Home Office revoked the employer’s licence to sponsor migrant workers and, three months later, refused the application without having told him. The Supreme Court held that fairness required prompt notice of […] ...
Last modified: 4th Nov 2026
Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53
Case Summaries
Under the EU citizenship rules at issue in 2020, a British child’s dependent relationship with a parent could give that parent a derivative right of residence. The Court considered whether “exceptional circumstances” imposed an extra hurdle beyond the existing public-policy and proportionality tests for deportation. The Home Secretary sought to deport a Jamaican national following […] ...
Last modified: 4th Nov 2026
Robinson (formerly JR (Jamaica)) v Secretary of State for the Home Department [2019] UKSC 11
Case Summaries
The Supreme Court held that, once a protection or human rights claim has been refused and no appeal is pending, further submissions on those grounds attract a right of appeal under section 82 of the Nationality, Immigration and Asylum Act 2002 only if the Secretary of State first accepts them as a fresh claim under […] ...
Last modified: 4th Nov 2026
KV (Sri Lanka) v Secretary of State for the Home Department [2019] UKSC 10
Case Summaries
KV relied on medical evidence in an asylum appeal. His expert explained why the pattern of his scars fitted his account of torture. The Supreme Court held that an expert could address that consistency and that the tribunal had mishandled an alternative explanation. The tribunal had to hear the appeal again. The claim and the […] ...
Last modified: 4th Nov 2026
Secretary of State for the Home Department v Franco Vomero [2019] UKSC 35
Case Summaries
When the Secretary of State decided in March 2007 to deport Franco Vomero, an Italian national convicted of manslaughter, he did not have the right of permanent residence required before the stronger protections against expulsion in Directive 2004/38/EC could apply. The Supreme Court held that more than two years’ imprisonment before the Directive took effect […] ...
Last modified: 4th Nov 2026
R (on the application of Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56
Case Summaries
Five asylum applicants were detained pending transfer under the Dublin III Regulation. Detention on grounds of a risk of absconding required objective criteria defined by law. The Supreme Court held that the Home Office guidance then in use did not supply those criteria. All five were entitled to damages for false imprisonment. Detention pending transfer […] ...
Last modified: 4th Nov 2026
B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5
Case Summaries
The Supreme Court decided whether immigration bail can be granted to a person who can no longer lawfully be detained. B was facing deportation to Algeria, but the Special Immigration Appeals Commission found that there was no reasonable prospect of removing him and that the ordinary basis for detaining him had fallen away. The Court […] ...
Last modified: 4th Nov 2026
Patel v Secretary of State for the Home Department [2019] UKSC 59
Case Summaries
These joined appeals turned on what would happen to a British citizen if a family carer had to leave the UK. Under the EU citizenship rules then in force, a right of residence could arise if the citizen would, in practice, be compelled to leave the EU with the carer. The tribunal reached different findings […] ...
Last modified: 4th Nov 2026
The Advocate General for Scotland v Romein [2018] UKSC 6
Case Summaries
Shelley Romein, born in the United States in 1978, was refused British citizenship by descent through her British mother because her birth had not been registered at a consulate. The Supreme Court held that the retrospective assumption that nationality could always have been transmitted through the female line on the same terms as through the […] ...
Last modified: 4th Nov 2026
