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.
SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9
Case Summaries
The Supreme Court considered whether an Algerian child placed in the permanent legal guardianship of French citizens under the kefalah system could enter the United Kingdom as their family member under EU free movement law. Because it was not clear that she was a “direct descendant” with automatic rights, or how far the Directive could […] ...
Last modified: 4th Nov 2026
R (on the application of Tag Eldin Ramadan Bashir and others) (Respondents) v Secretary of State for the Home Department (Appellant) [2018] UKSC 45
Case Summaries
The Supreme Court held, in an interim judgment, that the Refugee Convention still applies to the Sovereign Base Areas of Akrotiri and Dhekelia, but does not give refugees living there a right to enter the United Kingdom. Six refugees brought there in 1998 challenged the Home Secretary’s refusal to resettle them. The Court decided those […] ...
Last modified: 4th Nov 2026
KO v Secretary of State for the Home Department [2018] UKSC 53
Case Summaries
The Supreme Court decided how two tests protecting children apply when a parent may be removed or deported. Whether it is reasonable to expect a child to leave the United Kingdom, and whether deportation would be unduly harsh for a child, are questions about the child in the real world. They do not require the […] ...
Last modified: 4th Nov 2026
Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58
Case Summaries
The Supreme Court had to decide what “precarious” means in section 117B(5) of the Nationality, Immigration and Asylum Act 2002, which says that little weight should be given to a private life established while a person’s immigration status was precarious. It held that the description covers everyone in the United Kingdom, other than a UK […] ...
Last modified: 3rd Nov 2026
R (Agyarko) and R (Ikuga) v Secretary of State for the Home Department [2017] UKSC 11
Case Summaries
These appeals concerned whether the Secretary of State lawfully refused leave to remain to two women who had formed relationships with British citizens while living unlawfully in the United Kingdom. The Supreme Court held that the Immigration Rules’ requirement of “insurmountable obstacles” to family life continuing abroad, and guidance that leave outside the Rules requires […] ...
Last modified: 3rd Nov 2026
R (on the application of MM (Lebanon)) v Secretary of State for the Home Department [2017] UKSC 10
Case Summaries
These five appeals concerned the minimum income rule for a non-European Economic Area partner applying to join a British or settled partner in the UK. In 2017 the Supreme Court upheld the threshold in principle, but found defects in how the rules and guidance dealt with children’s interests and how decision-makers considered other sources of […] ...
Last modified: 3rd Nov 2026
R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42
Case Summaries
A right of appeal against deportation could mean little if the appellant had to leave before giving evidence. The question for the Supreme Court was whether Mr Kiarie and Mr Byndloss could effectively present their human-rights appeals from Kenya and Jamaica. It examined what participation would actually require, including legal advice, evidence and a workable […] ...
Last modified: 3rd Nov 2026
Sadovska and another v Secretary of State for the Home Department [2017] UKSC 54
Case Summaries
Immigration officers stopped Ms Sadovska, a Lithuanian citizen living and working lawfully in the United Kingdom, from marrying Mr Malik, a Pakistani overstayer, and the Home Secretary decided to remove them both. The Supreme Court held that, because she already had a right of permanent residence, it was for the Home Secretary to prove that […] ...
Last modified: 3rd Nov 2026
R (Hysaj and others) and Bakijasi v Secretary of State for the Home Department [2017] UKSC 82
Case Summaries
An application for British citizenship may contain serious lies. Does the grant then have to be formally withdrawn, or can the Home Secretary say there was never a citizen at all? The difference mattered both to the applicants’ right of appeal and to children whose status depended on theirs. In these two cases the grant […] ...
Last modified: 3rd Nov 2026
R (Nouazli) v Secretary of State for the Home Department [2016] UKSC 16
Case Summaries
Mr Nouazli, an Algerian national with a right of permanent residence in the United Kingdom as the husband of a French worker, was detained for about two months after a prison sentence while the Home Secretary considered deporting him, and was then kept on bail until a tribunal held that he could not lawfully be […] ...
Last modified: 3rd Nov 2026
R (O) v Secretary of State for the Home Department [2016] UKSC 19
Case Summaries
O, a Nigerian woman with serious mental ill-health, was held at Yarl’s Wood for nearly three years while the Home Secretary pursued her deportation. The Supreme Court held that a failure to apply the published policy on detaining mentally ill people can make that detention unlawful, even where the statute says the person “shall” be […] ...
Last modified: 3rd Nov 2026
MP (Sri Lanka) v Secretary of State for the Home Department [2016] UKSC 32
Case Summaries
The Supreme Court considered whether a Sri Lankan national whose severe mental illness resulted from past torture by the authorities was entitled to subsidiary protection under the EU Qualification Directive on return, despite no continuing risk of ill-treatment. The Upper Tribunal and Court of Appeal had rejected that claim while allowing his appeal under article […] ...
Last modified: 3rd Nov 2026
MS (Uganda) v Secretary of State for the Home Department [2016] UKSC 33
Case Summaries
MS, a Ugandan citizen with limited student leave, was refused asylum while about eleven weeks of that leave remained. The Supreme Court decided when section 83 of the Nationality, Immigration and Asylum Act 2002 gave a separate appeal against refusal of an asylum claim. It held that the right arose only if, counting from the […] ...
Last modified: 3rd Nov 2026
R (Johnson) v Secretary of State for the Home Department [2016] UKSC 56
Case Summaries
The Supreme Court held that it was incompatible with the European Convention on Human Rights to treat the appellant as liable to automatic deportation because he lacked British citizenship solely on the ground that his British father and Jamaican mother had never married. He was not responsible for their marital status or for having been […] ...
Last modified: 3rd Nov 2026
Secretary of State for the Home Department v Franco Vomero [2016] UKSC 49
Case Summaries
The Home Secretary decided in 2007 to deport Franco Vomero, an Italian citizen, after he had served a prison sentence for manslaughter. The Supreme Court held that he had not acquired an EU right of permanent residence before that decision, but it did not decide whether he could still claim the strongest protection against expulsion […] ...
Last modified: 3rd Nov 2026
Makhlouf v Secretary of State for the Home Department [2016] UKSC 59
Case Summaries
The Supreme Court dismissed Mr Makhlouf’s appeal against a decision to deport him following convictions for violence and later offences. Although the best interests of his two children had to be treated as a primary consideration, the Secretary of State already had enough material to assess his article 8 claim and theirs. She was not […] ...
Last modified: 3rd Nov 2026
Hesham Ali v Secretary of State for the Home Department [2016] UKSC 60
Case Summaries
The Supreme Court explained how article 8 of the European Convention on Human Rights applies when a non-British citizen sentenced to at least 12 months’ imprisonment faces deportation. A tribunal must decide for itself whether removal is proportionate, but it must give considerable weight to Parliament’s and the Home Secretary’s view that the public interest […] ...
Last modified: 3rd Nov 2026
R (Mirza, Iqbal and Ehsan) v Secretary of State for the Home Department [2016] UKSC 63
Case Summaries
Section 3C of the Immigration Act 1971 can continue a person's limited leave to remain if an application to vary that leave is made before it expires. In these three appeals the applications were made in time but were rejected as invalid: two because the fee had not been paid, and one because biometric information […] ...
Last modified: 3rd Nov 2026
