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With just over one month to go to the end of the solicitor CPD year and 24 CPD hours available to choose from, here are five reasons to sign up as a Free Movement Member and gain access to Free Movement’s full content and forums.

Free Movement Membership will be temporarily closed a week before the end of the CPD year for solicitors in order to focus on support for existing members. Continue Reading…

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In the case of Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) the unnamed First-tier Tribunal judge had refused to adjourn a case. This was despite a letter from the appellant’s solicitors requesting a short adjournment on the grounds that the appellant was ill and stating that they had been unable to obtain evidence from the doctor or hospital “mainly to legal restraint under the Data Protection Act”. The appeal was dismissed but the appellant sought permission to appeal with a note saying that he had recently been diagnosed as diabetic and had been struggling with the medication. Continue Reading…

New country guidance case on Angola and Cabinda

The official headnote is quite long but you can get the gist from paragraph 2:

There is significant evidence of human rights abuses, including within Cabinda and affecting Cabindans, problems of arbitrary arrest and detention, ill-treatment in detention, poor prison conditions, restrictions on freedom of expression, government action against protest and limitations in the legal system and security laws.  However…

Also useful to be told that the 2003 country guidance case is now out of date. Thanks.

New Procedure Rules come into effect 20 October 2014

As predicted, the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 are official and come into effect on 20 October 2014. More analysis to follow in due course for Free Movement Members. Headline changes seem to me to be that:

  1. Costs can be awarded in the First-tier Tribunal and therefore also the Upper Tribunal Immigration and Asylum Chambers, but only in fairly limited circumstances and not as a matter of routine (rule 9).
  2. Appeals may continue even where a decision is withdrawn by the Home Office (rule 17(2)). Leave a comment if you spot anything else interesting.
  3. The Home Office no longer gets notification of asylum decisions before the asylum seeker (rule 29).

It has been thought that the new appeal provisions would come into effect at the same time as the new rules. There is no sign of a commencement order to that effect yet, but keep your eyes peeled!

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It tickles me that UKIP plan to scrap the EU agreement that permits the UK to return asylum seekers to other EU countries without considering their asylum claim. As it stands, this EU agreement, often referred to as the Dublin Convention or Dublin Regulation (not Treaty as UKIP seem to think), substantially reduces the number of asylum claims made in the UK. UKIP’s proposal is therefore perhaps the perfect example of a policy that would have the opposite effect to that intended.

It is also an ideal illustration of the problems with reciprocity the UK would face if seeking to withdraw from the European Union. Continue Reading…

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“It is noted that your former partner was born and raised in Jamaica. It is therefore considered that the children you have with her have Jamaican heritage and there would be nothing unduly harsh about them being raised within their own inherited culture.”Home Office civil servant, August 2014

I’ve left out the names. There were two children and both were born in Britain as British citizens. They can “go home” where they belong, though, as far as this civil servant is concerned.

Continue Reading…

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The government has issued guidance on how section 65 of the Immigration Act 2014 will be applied. Section 65 fills the gap for children of British Citizen fathers born before 2006 whose parents were/are not married.

The provisions will create a registration route for:

  • Those who would have become British citizens automatically under the 1981 Act provisions had their parents been married
  • Those who would currently have an entitlement to registration under the 1981 Act but for the fact that their parents are not married.

The guidance includes the standard requirements for proving paternity- named on the birth certificate within one year of birth or “other evidence” including DNA, Court orders or “other evidence that shows paternity”.

Section 65 has not yet been commenced. We are told this is because

The 2014 Act is being implemented in phases to ensure the provisions are brought into force in an orderly and effective manner.


Want to know more about the Act? Buy Colin’s ebook on the Immigration Act 2014:

£9.99 – Immigration Act ebook Includes 20% tax
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Official headnote from Mohammed (Family Court proceedings-outcome) [2014] UKUT 419 (IAC):

Whilst it may be that in the Family Court jurisdiction prior to the coming into force on 22 April 2014 of the Children and Families Act 2014 there was always the possibility of a parent making a fresh application relating to contact, there is nothing in the guidance given in RS (Immigration and Family Court) India [2012] UKUT 218 (IAC) (which was approved by the Court of Appeal in Mohan v Secretary of State for the Home Department[2012] EWCA Civ 1363) that supports the notion that the mere possibility of such an application being made (or pursued) is a relevant criterion in the case of an immigration appeal when deciding whether to adjourn an appeal or to direct a grant of discretionary leave in order for such proceedings to be pursued. The guidance is concerned with whether there is a realistic prospect of the Family Court making a decision that will have a material impact on the relationship between a child and the parent facing immigration measures such as deportation.

Continue Reading…