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.

Read more...

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…

Read more...

HJT_Logo_colour_no_border

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…

Read more...

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…

Read more...

immigration enforcement

UPDATE: It is reported she is now detained at Yarl’s Wood and faces removal on Thursday.

The Guardian is reporting that Isabella Acevedo, former Immigration Minister Mark Harper’s former cleaner, was arrested at her daughter’s wedding on Friday last week. Fifteen blackshirts burst in along with a few regular police officers just before the ceremony, it is said. The Daily Mail picked up the story but it does not seem to have been picked up elsewhere.

Trenton Oldfield, the Australian who successfully resisted deportation after disrupting the Oxford-Cambridge boat race, tried to film the arrest. You can see what happened in a short clip on the Guardian website. Continue Reading…

Read more...

Pinnochio by Grand Parc - Bordeaux, France

Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC) is an interesting case for two reasons. Firstly, the Home Office accepted that the decision was wrong and withdrew it. Nevertheless, because the case had reached the Upper Tribunal, the withdrawal of decision did not automatically deprive the Upper Tribunal of jurisdiction, and it went on to determine the appeal anyway.

The actual reason for it being reported is that the appellant had answered “no” to the standard visa application form question about previous convictions. In fact she had pleaded guilty to shoplifting some years previously and been given a conditional discharge. Was she dishonest in her answer? The Home Office and the First-tier judge answered “yes” and her application and appeal had therefore failed so far. Continue Reading…

Read more...

Cases arriving on luggage carousel

The luggage carousel of the tribunal’s reporting committee has spewed forth a fresh batch of cases. Two of them concern deportation, one under domestic primary legislation and the other under European Union law. The facts are very different but the cases illustrate well the stark differences between domestic and EU law on deportation. Continue Reading…

Gaddafi mural with bullet holes by mojomogwai, on Flickr

Nearly 3 years after the end of the civil war in Libya that swept away the Qadhafi regime and its associated country guidance, and after nearly 8 months of deliberation, the Upper Tribunal has decided that Libya isn’t so bad after all, at least for men. The determination of AT and Others (Article 15c; risk categories) (CG) [2014] UKUT 318 (IAC) runs to 261 paragraphs plus 8 appendices, and the tribunal is to be commended for its lucid treatment of a huge amount of evidence, delay (and some conclusions) notwithstanding. The hearing itself was notable for taking live videolink evidence from a country expert in New York City. Continue Reading…

Read more...