periodic-inspection Case Commentaries

Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying

Date: Mar 31, 2025

Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying Introduction The case of Seerangan v Secretary of State for the Home Department ([2025] EWCA...

Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes

Date: Mar 31, 2025

Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes Introduction The case of Merck KGaA v Merck Sharp & Dohme LLC & Anor ([2025] EWCA Civ 343) represents a...

Clarifying the Limits of “Pending Appeal” in Deportation Orders

Date: Mar 31, 2025

Clarifying the Limits of “Pending Appeal” in Deportation Orders Introduction The case of Geddes, R (On the Application Of) v Secretary of State for the Home Department ([2025] EWCA Civ 353) presents...

New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases

Date: Mar 31, 2025

New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases Introduction The present judgment, delivered on March 28, 2025, by the England and Wales Court of...

Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355)

Date: Mar 31, 2025

Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355) Introduction The judgment in Arshad v Secretary of...

Y.X. v IPAT: Clarifying the Substantial Grounds Threshold and Fair Procedures in International Protection Appeals

Date: Mar 29, 2025

Y.X. v IPAT: Clarifying the Substantial Grounds Threshold and Fair Procedures in International Protection Appeals Introduction In Y.X. v The International Protection Appeals Tribunal & Anor ([2025]...

Credibility Assessments and Substantial Grounds Threshold in International Protection Appeals: Judicial Review Scope in G.S. v IPAT

Date: Mar 29, 2025

Credibility Assessments and Substantial Grounds Threshold in International Protection Appeals: Judicial Review Scope in G.S. v IPAT Introduction This commentary examines the High Court of Ireland’s...

No Suspensive Effect of Judicial Review on Deportation Orders under s.22 IPC Act 2015

Date: Mar 29, 2025

No Suspensive Effect of Judicial Review on Deportation Orders under s.22 IPC Act 2015 Introduction This commentary examines the High Court’s decision in GT v International Protection Appeals Tribunal...

Comparative Threshold for Country of Origin Information in Judicial Review of IPAT Decisions

Date: Mar 29, 2025

Comparative Threshold for Country of Origin Information in Judicial Review of IPAT Decisions Introduction This commentary addresses the High Court of Ireland’s ruling in A.S. v The International...

Duty of Proportionality and Reasoned Decisions in Student Disciplinary Appeals

Date: Mar 29, 2025

Duty of Proportionality and Reasoned Decisions in Student Disciplinary Appeals Introduction This commentary examines the High Court’s decision in Igweze & Ors v Dundalk Institute of Technology...

Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433

Date: Mar 29, 2025

Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433 Introduction Almallah v R ([2025] EWCA Crim 433) is a pivotal decision of the England and Wales...

Clarifying the “Substantial Grounds” Threshold and Procedural Fairness in Judicial Review of International Protection Decisions

Date: Mar 29, 2025

Clarifying the “Substantial Grounds” Threshold and Procedural Fairness in Judicial Review of International Protection Decisions Introduction In G.L. v The International Protection Appeals Tribunal &...

Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending

Date: Mar 29, 2025

Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending Introduction This case arises from the appeal by Mr Green (“the...

Obligation to Present Relevant Evidence in s.50 Refoulement Assessments: Ministerial Reliance on Unchallenged Protection Decisions

Date: Mar 29, 2025

Obligation to Present Relevant Evidence in s.50 Refoulement Assessments: Ministerial Reliance on Unchallenged Protection Decisions Introduction This commentary examines the High Court’s ruling in J....

Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494

Date: Mar 29, 2025

Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494 Introduction R v Martin [2025] EWCA Crim 494...

Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences

Date: Mar 29, 2025

Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences 1. Introduction This commentary examines the Court of Appeal’s decision in BNE & Anor, R. v ([2025]...

Revocation Appeals Must Be Framed by the Original Protection Claim; Tribunals May Raise Jurisdictional Points But Should Invite Submissions — Commentary on SA v Secretary of State for the Home Department [2025] EWCA Civ 357

Date: Mar 29, 2025

Revocation Appeals Must Be Framed by the Original Protection Claim; Tribunals May Raise Jurisdictional Points But Should Invite Submissions — Commentary on SA v Secretary of State for the Home...

A New Precedent on Adjustments for Delay in Sentencing: The Sked & Ors R. v ([2025] EWCA Crim 351) Judgment

Date: Mar 28, 2025

A New Precedent on Adjustments for Delay in Sentencing: The Sked & Ors R. v ([2025] EWCA Crim 351) Judgment Introduction The Court of Appeal’s recent decision in Sked & Ors, R. v ([2025] EWCA Crim...

The Timing Principle in Immigration Detention: Lawful Examination Versus Unlawful Post-Examination Detention

Date: Mar 28, 2025

The Timing Principle in Immigration Detention: Lawful Examination Versus Unlawful Post-Examination Detention Introduction The judgment in Tazeem, R (On the Application Of) v Secretary of State for...

Dunning v R: Affirmation of the False-Trail Doctrine in Assisting an Offender under s.4 CLA 1967

Date: Mar 28, 2025

Dunning v R: Affirmation of the False-Trail Doctrine in Assisting an Offender under s.4 CLA 1967 Introduction Dunning, R. v [2025] EWCA Crim 464 is a decision of the England and Wales Court of Appeal...