Secretary of State for the Home Department meaning

Original news Makhlouf v Secretary of State for the Home Department (Northern Ireland) [2016] UKSC 59, [2016] All ER (D) 93 (Nov) The Supreme Court rejected an appeal against a deportation order made against a foreign offender, notwithstanding that his children are British citizens living in the UK. While the appellant argued that removal would violate his and his children’s rights under article 8 of the European Convention on Human Rights, the court decided that, on the evidence, he had no relationship with either child and their lives had been completely unaffected by his being their father. The court also determined that the Secretary of State was not required to undertake further enquiries concerning the appellant and his children beyond those already conducted. What was the background to the case? The appellant, a Tunisian national, married a British citizen in Tunisia in 1996. In 1997, his wife returned to Northern Ireland for the birth of their daughter, and he subsequently joined her. He was granted indefinite leave...

The EAT ruled on 31 July 2025 that the government was not responsible for indirect discrimination against Louise Askester and 126 other care home employees simply for having published guidance on who could be excused from the jab, because that guidance did not exceed what statute demanded. Auerbach HHJ observed that, given its balanced and accurate statement of the law, and the consistent emphasis on advising employers about what was required to ensure compliance with the law, it was not realistically arguable that a tribunal could properly judge it fair, reasonable or just to hold the Secretary of State or the Department of Health and Social Care to account. In 2021, fresh UK rules mandated vaccination against COVID-19, for care home staff, save where a medical exemption applied under the relevant regulations at the time...

In this issue: Brexit highlights Post-Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Useful information Brexit highlights The UK Parliament has confirmed the European Scrutiny Committee has been wound up, following the House of Commons’ decision on 30 July 2024 not to re-establish it. See: LNB News 01/08/2024 97. The House of Lords European Affairs Committee has released correspondence spanning 7 November 2023 to 30 May 2024, covering scrutiny of EU papers, primary legislation (including the Illegal Migration Bill) and broader issues such as public procurement and the impacts of the UK’s EU withdrawal. See: LNB News 01/08/2024 99. Post-Brexit transition guidance Weekly roundup of HMRC import, export and...

This Practice Note examines the legal and practical outcomes of curtailing and cancelling permission to enter and remain, and their impact. It further summarises the avenues by which curtailment and cancellation may be contested. Advisers should remain alert to the different bases on which curtailment and cancellation could be impugned (for example, for procedural unfairness), so they can shape advice wherever it appears such a step might be contemplated, in any given case and at an early stage. See: The scope of judicial review challenges to curtailment and cancellation. In this Practice Note, the expressions ‘leave to enter/remain’ and ‘permission to enter/stay’ are used interchangeably. Within the Immigration Rules for simplified routes, the word ‘permission’ has replaced ‘leave’, yet the earlier term continues in other categories of stay and in the relevant legislation. Curtailment Curtailment is the process by which the Secretary of State for the Home Department (SSHD) reduces the extant permission of individuals already present in the...

Applying to register a minor child as a British citizen You need only apply to register a minor as a British citizen where they have not obtained citizenship automatically. Before submitting any application, checks should be undertaken to confirm the child does not come within an automatic acquisition category. If citizenship is acquired automatically, registration is unnecessary. Confirming status first can prevent avoidable costs, delays, and refusals. Always verify eligibility before completing the form. For details on these, see Practice Note: Who is a British citizen (automatic acquisition)? Some registration routes arise by entitlement, while others are decided at the discretion of the Secretary of State for the Home Department (SSHD). To use the provisions that apply solely to minors, the applicant must be under 18 on the application date. The application date is the date the Home Office receives the application, which will usually be the date the online form is submitted, where relevant. Once an individual turns 18, they must pursue British citizenship as an adult, either...

Overview Section 31 of the Senior Courts Act 1981 (SCA 1981) sets out the remedies available on an application for judicial review which a court may grant. The list includes the following: quashing orders mandatory orders prohibiting orders declarations damages (including restitution or recovery of a sum due) injunctions/interim remedies Under CPR 54.6, the claimant is required to state, in the claim form, any remedy being sought. By virtue of SCA 1981, s 31(1), the remedies can be claimed in the alternative, or as cumulative options in addition to each other. For further information and discussion, see: Combining prerogative orders: Supperstone, Goudie and Walker on Judicial Review [16.2]. In this context, a conclusion that a judicial review has succeeded is not, as a general rule, sufficient finally to dispose of a claim (see R (LND1) v The Secretary of State for the Home Department at para [61]). Remedial discretion in judicial review It is a fundamental...

Appeal No. HU/1234/2025 In the First-tier Tribunal, Immigration and Asylum Chamber Between: MAGGIE SMITH Appellant – and – Secretary of state for the home department Respondent SCHEDULE 1 — FINANCIAL EVIDENCE Introduction Mentions of ‘SB’ relate to the stitched bundle, while ‘Ann/X’ signifies a numbered note on a particular page, for example a note placed on a bank statement...

In the immigration and asylum chamber [ Insert Home Office, Port, and appeal reference numbers as appropriate ] First-tier tribunal [ Insert venue ] Between the parties: [ Insert name of Appellant ] Appellant – and – Secretary of State for the Home Department Respondent _________________________ Appellant’s bundle _________________________ Document identifier Document page 1 2 3 4 5 6 7 8 9 10 11 [ Insert representative particulars including file reference: [ Solicitors OR Representatives ] acting for the Appellant ]...

Appeal No. HU/1234/2025 IN THE FIRST-TIER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER Between: MAGGIE SMITH (Appellant) – and – Secretary of State for the Home Department (Respondent) APPEAL SKELETON ARGUMENT Mrs Maggie Smith (“the Appellant”) challenges the decision recorded in the Respondent’s Reasons for Refusal Letter (“the RFRL”) dated 14 February 2025. The appeal is brought under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002 against the refusal of her human rights claim, asserting that removal would be unlawful pursuant to section 6 of the Human Rights Act 1998, as it would represent a disproportionate interference with Article 8 ECHR. FACTUAL SUMMARY The Appellant is a French national, born on 18 January 2000. She is married to Bernie Smith, a British national, born on 14 February 1999. They met in the United Kingdom and married in the United Kingdom on 1 January 2024. The Appellant entered the United Kingdom in 2019 with a student...

Right to rent scheme The duties imposed by the right to rent scheme extend to all relevant lettings described in Practice Note: Residential tenancies—a tenant’s right to rent under the Immigration Act 2014, except where a letting is an excluded tenancy set out in Schedule 3 to the Immigration Act 2014 (IA 2014), also cited in that Practice Note. Be aware that social housing—as defined in IA 2014, Sch 3—is outside scope entirely...

A Tier 2 (General) migrant (the applicant) must observe any conditions attached to their leave. Examples include no recourse to public funds and a requirement to work mainly for the Tier 2 (General) sponsor named on their Certificate of Sponsorship (CoS). Supplementary employment is allowed, but only in limited circumstances in practice. See Practice Notes: Applying under the Skilled Worker route and Conditions of permission to enter or stay in the UK. If the applicant will no longer work for the sponsor listed on their CoS, they will not continue to meet the requirements of a Tier 2 (General) visa. This is a frequent basis for mandatory curtailment under the Immigration Rules, Part 9, para 323A(i)(2). Curtailment is the process by which the Secretary of State for the Home Department shortens the existing leave of persons already in the UK. Leave is either curtailed with immediate effect or the remaining period of leave is shortened, usually to a period of 60 days. See Practice Notes: Changes of circumstances and...