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England and Wales decisions
Decisions matching the current search
The appellant did not have 18 months valid leave to remain at the point of application and could not provide evidence as required by the Commissioner; therefore, there was no reasonable prospect of the appeal succeeding.
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Ali, R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 1546 (10 December 2024)
The Court of Appeal held that dependency for an adult child under the Withdrawal Agreement is assessed when joining the EU citizen, and later work does not end residence rights.
The requirement of dependency for residence rights under the Citizens' Rights Directive and Withdrawal Agreement is to be assessed at the date of application to join the EU citizen. Once residence rights are acquired, exercising the right to work does not cause loss of those rights, even if dependency ceases. The UK Immigration Rules imposing a continuing dependency requirement are inconsistent with the Withdrawal Agreement and must be disapplied.
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The Court of Appeal dismissed an employer’s challenge to an immigration civil penalty notice, holding it need only explain why liability is alleged, not identify the exact statutory ground.
The Employment Tribunal failed to properly analyse whether the respondent had reasonable evidence to justify deductions and suspension, did not adequately address the indirect discrimination claim or the direct marriage discrimination claim, and its judgment was incomplete and unsafe; thus, the appeal is allowed and the matter remitted for redetermination by a differently constituted tribunal.
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Refugee and Migrant Forum of Essex and London (RAMFEL) & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1374 (Admin) (07 June 2024)
Judicial review over whether section 3C leave holders must be given proof of status. The High Court held there was no such legal duty.
The Court of Appeal refused permission to appeal, holding that terrorism notification duties can apply to agency drivers who acquire a right to use work vehicles.
LJ (Kosovo), R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 3487 (Admin) (18 December 2020)
Judicial review of guidance restricting trafficking victims and asylum seekers’ work to SOL posts succeeded in part: the guidance was unlawful, but the individual decision was upheld.
Sirunyan v NCO Europe Ltd [2016] EWCA Civ 34 (13 January 2016)
The Court of Appeal dismissed a direct race discrimination appeal over dismissal for failure to provide accepted right-to-work evidence.
The Upper Tribunal dismissed a judicial review challenge to Section 10 removal directions, holding that the applicant’s admission of working without permission justified removal.
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