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Click image to find out more about the full ebook

Click image to find out more about the full ebook

Just a quick post to say that I’ve finished an ebook on Surinder Singh: EU free movement for British citizens. It covers how EU law works, goes over the judgments in Surinder Singh and O v Netherlands, examines the UK’s regulations and Home Office policy, considers the question of abuse of treaty rights and closes with a look at some of the practicalities of exercising free movement rights in this way. Hints and tips are offered throughout on how to avoid problems.

I’m very grateful for the help and assistance of Sonel Mehta of BritCits, particularly in providing examples and case studies.

There is a direct purchase link below or you can click the ebook image to read a bit more first, including the contents pages and introduction.

£9.99 – Buy now Includes 20% tax
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So, the other day someone brought to my attention some internal Home Office emails about a Free Movement article. These were disclosed under a Freedom of Information request made by one Clarke Simpson, answered at the Home Office by one P. Zebedee (really?). The episode started off as a bizarre one and is now downright weird. Continue Reading…

By coffee bee, on Flickr

Today the new out of country deportation appeal provisions of the Immigration Act 2014 came into force, at least in part. The new regime enables the Secretary of State to require any appeal against deportation to be brought from abroad only, both in UK law and EU law cases. This post looks at the statutory power, the Home Office guidance and some of the possibilities for bringing judicial review applications against the exercise of such powers. Continue Reading…

Plane taking off

From today the Secretary of State has the power to certify deportation appeals so as to permit them only to be brought from abroad. The power is introduced by section 17 of the Immigration Act 2014, amending into the Nationality, Immigration and Asylum Act 2002 a new section 94B.

The Home Office has issued new guidance on both non EEA and EEA deportation cases. As expected, the Home Office intends to certify in cases where there is no “real risk of serious irreversible harm.” I will return to the guidance in a separate post on the subject.

Existing appeals can be certified under section 94B. The effect is extremely limited on existing appeals, though: there seems to be no effect at all, in fact. Continue Reading…

grass green sky blue

The immigration tribunal reporting committee has been selecting some rather odd cases for reporting. It is a good job there aren’t any difficult legal issues in immigration and asylum law still out there on which judges, lawyers and litigants need guidance and that the tribunal is able to turn its collective mind to matters such as Budhathoki (reasons for decisions) [2014] UKUT 00341 (IAC): Continue Reading…

Chelvan

In an e-mail posting on a practitioners’ discussion group last week, a representative asked the group for details of a psychiatrist in order to prove that the detained client is gay. In follow-up e-mails, it was revealed that the enquiry was prompted by Counsel’s advice, and that the author meant no offence. Luckily for the author of the enquiry, the Court of Justice of the European Union last Thursday published the Opinion of Advocate General Sharpston in the Cases of A, B and C , which relate to how an asylum seeker could establish that they are gay, or more importantly, what level of investigation would violate their human rights? Continue Reading…

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The HJT Training Immigration Manual is now available for download as a pdf ebook. Ideal for anyone studying for OISC exams or for the Law Society’s immigration accreditation exams, it is  the most comprehensive and up to date immigration law resource available for professionals. Simple illustrations and diagrams are used throughout and examples and ‘top tips’ are used to help bring practice points home.

Continue Reading…

Asylum Aid

Asylum Aid has published a new report, Even If… The use of the Internal Protection Alternative in asylum decisions in the UK, analysing the reasoning on internal protection or internal relocation in Home Office asylum decisions, identifying a number of failings appearing frequently in the decisions read for the research. To lawyers practising in asylum, the flaws in reasoning will be familiar, but it is useful to have this detailed analysis of patterns emerging from thematic analysis of a number of refusal letters. Continue Reading…

wedding rings

The idea of a “proxy marriage” is rather alien in the UK and our fairly recently developed romantic love culture. It involves one or both parties to a marriage being represented by someone else at the marriage ceremony rather than attending in person. It is a sort of literal version of one’s mind being elsewhere, I suppose, and in an increasingly globalised and time-poor world will perhaps become more common…

Proxy marriages have been addressed in at least two previous tribunal determinations (and my first post on this subject was in 2008) and also featured in a recent Chief Inspector or Borders and Immigration report (and even more so in the ensuing media coverage). The latest case is TA and Others (Kareem explained) Ghana [2014] UKUT 316 (IAC). It usually means trouble where a previous determination or judgment needs to be “explained”. Continue Reading…