Free Movement

4 May 2013

Free Movement is now away on holiday for a couple of weeks. The blog has been a bit quiet the last week, for which I apologise – I’ve been poorly and anything more than Twitter has been a bit of a stretch. Better now, though. Dormant posts on private landlords being co-opted as immigration snoops, the consultation on new tribunal procedure rules (more exciting than it sounds), gender discrimination and the minimum income spouse rules and some of the more interesting recent cases all to be resurrected and published once I’m back.

Link

ACCA not a degree says High Court

Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that were decided before the Supreme Court decision in Alvi. Note that the claimant in this case, Syed, had to argue that non binding ‘policy guidance’ changed the meaning of the quasi-statutory immigration rules. For cases after July 2012, if there are any, the legal arguments are a little different.

Link

Chen children and employment

Interesting new case on Chen children and whether income from the lawful employment of their parents can create self sufficiency for the purposes of EU law: Seye (Chen children; employment) [2013] UKUT 178 (IAC). Tribunal suggests that it can, but unlawful employment or s.3C leave employment cannot.