The EU Commission is fully au fait with the amendments the UK made to its EU free movement rules in January 2014 and has stated in a recent letter that the UK rules are incompatible with EU law. Further, the EU intends to contact the UK authorities to seek their “observations” on the incompatibility, the first step in pursuing infringement proceedings against the UK.
In HM and others (Article 15(c)) Iraq CG  UKUT 00409(IAC) (“HM2”) the Upper Tribunal speculated:
…we consider that so far as Article 15(c) is concerned the most likely development is that the levels of violence will either continue to reduce or remain at around the same level as in 2010, 2011 and the first 9 months of 2012…. Whilst incidents in January-September 2012 demonstrate that insurgents still have the will and capability to launch multi large-scale bombings resulting in high numbers of civilian deaths, the evidence continues to indicate that their capability to carry out such attacks is diminished.
Colin is elsewhere
I’m now away for two weeks on holiday, returning to work 15 September 2014. There are a few blog posts pre-written and pre-scheduled to keep you entertained until then, and at least one colleague has threatened to write something while I’m away as well.
Someone is keeping an eye on the blog contact form and editor@ email address in my absence if there is a problem with the blog, CPD training access or ebooks but anything else will have to wait until I’m back. It is all automated and access is granted immediately on payment so you can join up while I’m away if you want to get ahead with those CPD hours as the end of the training year approaches.
“The UK is like the Holy Grail and they’re all expecting the crusades. We have to give it to them.”
Laurence loves to go out, get wrecked and rave to dubstep. He pays for it with a job at UK Immigration Control. Deciding who does or doesn’t get to stay in the country is hard enough without a hangover.
Ugandan gay rights activist Natale Bamadi finally makes it to the coveted shores of the United Kingdom but neither she nor Laurence can be prepared for what happens when her high profile case is dropped onto his desk.
Provocative, topical and savagely funny, Eye of a Needle gets under the skin of a system branded by both Left and Right as ‘not fit for purpose’.
Chris Macdonald’s debut play has been under development with Out of Joint and was long-listed for the Bruntwood prize for playwriting.
Lawyers, judges and Home Office officials are all still getting to grips with the effect of the controversial statutory ‘guidance’ to judges on Article 8 introduced by the Immigration Act 2014. One month on it is still far too early to say how it will pan out. It will be months before we have guidance from the higher courts. In the meantime, having argued a few cases so far and heard what the Home Office has to say, I reckon the impact of the Act is very far from as great as some at the Home Office assume.
Judges are told what is in the public interest and they must have regard to that, but they must still go on and weigh the public interest against the rights of affected individuals.
The Respondent does not accept the tribunal can reach its own conclusions about a [deportation] case.
The Home Office have updated their Chapter 13 Immigration Directorate Instruction guidance on deportation cases. It makes interesting reading for anyone interested in immigration law or human rights but it is essential reading for lawyers representing people in deportation cases. It not only gives insight into the approach of the Home Office, it also tells us about the evidence that is necessary in deportation cases in order to avoid an appeal where people do meet the stringent rules.
It discloses some interesting possible arguments about the scheme of the statutory considerations on human rights and includes some really quite astonishing propositions even by Home Office standards.
For supporters of the No Borders movement, it is an article of faith that borders are an unnecessary interference with human freedom and human nature. Borders by their nature separate people, break up families, hold back economic and cultural development and discriminate between otherwise equal humans on the basis of artificial nationality laws. These fake frontiers and their checkpoints are intended to discourage free movement, marking like scent the territory of a particular set of politicians.
Given my experience on the float list at Hatton Cross this week, this successful complaint to the Parliamentary and Health Ombudsman makes very interesting reading. An award of £3,600 plus interest for legal costs and £100 for inconvenience was made to a lady whose hearing was cancelled the day before by the court. Waiting around all day only for it later to be cancelled is surely worse, particularly if a load of witnesses and supporters are also put to the same inconvenience?
Also interesting is the prospect of successful compensation from the Home Office where a decision is withdrawn at the last minute but the evidence was served in good time in compliance with directions or where the withdrawal does not relate to new evidence but some other error, such as considering the case under the wrong rule. I have in the past and continue to strongly recommend a complaint to the Ombudsman in these circumstances. The process is explained here. It is necessary to complain to the public authority concerned first and then get the complaint referred to the Ombudsman through a Member of Parliament.
Full text of complaint outcome below for convenience. Continue Reading…
You are giving me your testimony and I will hold it for you and I will honour it and I will bear witness to what has happened to you.