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Author Archive

James Bogle successfully obtains wide-ranging non-disparagement and non-interference injunction in the High Court

February 15, 2019
By Admin
News

James Bogle, senior civil practitioner at 10 Kings Bench Walk, successfully obtained a non-disparagement and non-interference injunction in the Queen’s Bench Division of the High Court. Normally a difficult type of injunction order to obtain, not least because of the effect of s.12 of the Human Rights Act 1998, and Article 10 of the European…

How to use the new country guidance case on Iranian Kurdish asylum seekers

February 15, 2019
By Admin
News

Following his recent appearance in HB (Kurds) Iran CG [2018] UKUT 430 (IAC), the recent Country Guidance case on the persecution risks for Iranian Kurds, Rudolph set down some thoughts about how the judgment might be used in future asylum claims in a Free Movement blog post. The full article can be read here. It…

Court of Appeal rules former Sri Lankan national stateless

November 21, 2018
By Admin
News

The Court of Appeal gave guidance on the significance of statelessness and the burden of proof where the Appellant had been deprived of his British Citizenship under section 40(3) British Nationality Act 1981 in the matter of KV (Sri Lanka) v Secretary of State for the Home Department [2018] EWCA Civ 2483. The Court allowed the…

Upper Tribunal grant Judicial Review permission

October 31, 2018
By Admin
News

Secretary of State arguably failed to apply relevant rules and policy guidance in refusing indefinite leave to remain to a Tier 1 (General) Migrant. Amarjit Seehra instructed by Nag Law Solicitors.

Jonathan Martin stops a removal

October 12, 2018
By Admin
News

In a case where the family member of an EEA national had made an application on that basis but the Home Office wanted to remove him before making a decision on it Jonathan Martin, instructed by Biruntha solicitors, obtained an injunction from Upper Tribunal Judge Allen to stop the removal

Amarjit Seehra granted permission in Iraqi case

October 5, 2018
By Admin
News

The Upper Tribunal granted permission to proceed in a fresh claim Judicial Review involving a vulnerable Iraqi Applicant without documents. Amarjit Seehra was instructed by BHD Solicitors.

Emma Harris obtains permission to Judicially Review a fresh claim decision on “Insurmountable Obstacles”

July 4, 2018
By Admin
News

Emma Harris, appearing in the Upper Tribunal, today obtained permission to judicially review the decision of the Secretary of State to refuse her client leave to remain in the UK with his British partner. She successfully persuaded the Judge that it was arguable that it could be an insurmountable obstacle to the family life of…

Emma Harris, led by Sarabjit Singh QC, appeared in reported case establishing that a British Overseas Citizen is Stateless

June 26, 2018
By Admin
News

Emma Harris, led by Sarabjit Singh QC of 1 Crown Office Row and instructed by Barnes, Harrild & Dyer Solicitors, appeared in the recently reported case of Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) in which it was successfully argued that British Overseas Citizens (“BOCs”) holding no other nationality…

Visit visa challenge success

June 20, 2018
By Admin
News

The Secretary of State conceded a Judicial Review challenge drafted by Jonathan Martin instructed by Anthony Gold Solicitors in a case where a visit visa had been refused. This demonstrates that it is worth challenging poorly made decisions and the government’s lawyers will, where appropriate, accept that the challenge is well made.

Jonathan Martin granted permission for Judicial Review

May 31, 2018
By Admin
News

Jonathan Martin instructed by Samars Solicitors granted permission to seek Judicial Review in an unmarried partner case the Home Office decided was clearly unfounded.

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