England and Wales Case Law

Tandridge District Council v John Brien & Ors

The court found compelling evidence of flagrant breaches of planning control causing significant harm to the Green Belt, with insufficient evidence from Defendants regarding hardship or alternative accommodation. The planning application was invalid and did not reflect actual site conditions. The Council had adequately considered welfare and equality duties. Injunctive relief was necessary and proportionate to prevent ongoing harm, and the terms of the injunction were clear, tailored, and justified both for named Defendants and Persons Unknown.

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• Injunctions
• Green belt protection
• Gypsy and traveller sites
• Article 8 echr
• Persons unknown
• Public sector equality duty

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Tomasz Sawicki v Circuit Law Court in Swidnica, Poland

Remand time accrued in the UK extinguished the penalties under AW2, requiring discharge on those warrants. However, the remaining custodial term under AW1 was substantial, and the interference with private and family life did not reach the threshold to outweigh the strong public interest in extradition. The judge's Article 8 conclusion was not wrong.

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• European arrest warrant
• Remand credit
• Multiple offences
• Article 8 echr
• Proportionality
• Fugitivity

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Nino Henriques Nunes v Secretary of State for the Home Department

The Secretary of State misapplied the Discretionary Leave Policy transitional arrangements by retrospectively applying criminality thresholds to the Claimant, who was granted DL before 9 July 2012. The correct interpretation is that pre-July 2012 applicants should normally be dealt with under the earlier policy unless they fall within restricted leave or there is a material change of circumstances. The SSHD's application of the new criminality thresholds was unlawful in this context.

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• Indefinite leave to remain
• Discretionary leave policy
• Criminality thresholds
• Transitional arrangements
• Article 8 echr
• Article 14 echr

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J (a Child) (No. 2) (Contact Following Change of Residence), Re

The mother’s conduct has been abusive, unpredictable, and in breach of undertakings and orders, posing a high risk of further harm to the father and emotional harm to J. The mandatory provisions of Practice Direction 12J cannot be met by supervised contact, as the father’s safety cannot be secured. Indirect contact only is ordered until the mother undertakes work to address her behaviour. Section 91(14) order is granted for three years to protect J from further litigation. Non-Molestation Order is extended for three years. Disclosure of the mother’s witness statements to the police is permitt…

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• Child arrangements
• Contact orders
• Domestic abuse
• Non-molestation orders
• Section 91(14) orders
• Prohibited steps orders

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AY v The Secretary of State for the Home Department

The Tribunal dismissed AY’s asylum, humanitarian protection and human rights appeal, finding he had not proved Eritrean nationality and therefore could not establish risk on return.

• Nationality assessment
• Credibility
• Refugee convention
• Humanitarian protection
• Article 2 echr
• Article 3 echr

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SJ v The Secretary of State for the Home Department

The Tribunal dismissed SJ’s asylum, humanitarian protection and Article 8 appeal, finding he had not shown he was Gambian and was instead a citizen of Guinea.

• Protection claim
• Nationality dispute
• Humanitarian protection
• Article 3 echr
• Article 8 echr
• Internal relocation

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MZ v The Secretary of State for the Home Department

The Tribunal dismissed an asylum and human rights appeal by an Iranian claimant said to have converted to Christianity, finding his conversion account not credible.

• Refugee convention
• Humanitarian protection
• Conversion to christianity
• Risk on return to iran
• Article 2 echr
• Article 3 echr

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A. H. M v The Secretary of State for the Home Department

The Tribunal allowed the asylum appeal, finding the appellant’s family had repeatedly located her in Nigeria, so internal relocation was not a safe or reasonable option.

• Female genital mutilation
• Internal relocation
• Well-founded fear of persecution
• Anonymity order
• Article 8 echr
• Family life

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Nertil Collaku v The Entry Clearance Officer

The First-tier Tribunal allowed Nertil Collaku’s appeal against refusal of entry clearance, accepting his trafficking account and finding the immigration rules were met.

• Entry clearance
• Article 8 echr
• General grounds for refusal
• Suitability requirements
• Victim of trafficking
• Credibility assessment

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EN v The Secretary of State for the Home Department

The First-tier Tribunal dismissed EN’s appeal on asylum, humanitarian protection and human rights grounds, finding no proven political risk, medical Article 3 claim, or Article 8 breach.

• Refugee convention
• Humanitarian protection
• Article 3 echr
• Article 8 echr
• Private life
• Medical claim

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