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Advocate General Opinion on Other Family Members

By Free Movement On 18 May 2012 · Leave a Comment · In Cases, EU Free Movement, Other
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Advocate General Bot has given his Opinion in the case referred to the Court of Justice of the European Union by President Mr Justice Blake. I have already flagged the new Opinion up on the blog but at the time had not had an opportunity to read it. That situation has [...]

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GS (India) and medical treatment cases

By Free Movement On 17 May 2012 · 1 Comment · In Article 3, Cases, Human rights, Tribunal

Some time ago, I put up an angry post (it is never a good idea to publish in anger) about the case of  GS (Article 3 – health exceptionality) India [2011] UKUT 35 (IAC), in which it was held that a diabetic man on dialysis who [...]

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Crime and Courts Bill

By Free Movement On 16 May 2012 · 2 Comments · In Appeals, Legislation, News, Policy
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As has been widely reported in the mainstream media, the Government proposes to scrap family visitor appeal rights. Again. The change is intended to come into full effect in 2014 but as early as July 2012 the definition of ‘family’ will be narrowed to exclude cousins, uncles, aunts, nieces or nephews. See the press release [...]

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UKBA crushes people smuggler

By Free Movement On 15 May 2012 · 2 Comments · In News

Sometimes you just can’t make it up. The UK Border Agency has posted a video on YouTube of it crushing a van used by people smugglers.

As I understand it, the nine Kuwaiti migrants were removed first. So were the people smugglers. Although it doesn’t actually explicitly say so anywhere in the press [...]

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More unlawful detention cases

By Free Movement On 9 May 2012 · Leave a Comment · In Administrative Court, Article 3, Cases, Court of Appeal, Detention, Human rights
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There has been a flood of judgments in the last few weeks on the issue of unlawful detention. With immigration detention used more frequently and for longer periods than ever before, the aftermath of the secret and unlawful presumption of detention policy and the ongoing travails of the UK Border Agency, it seems likely [...]

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Important judgment on value of medical reports

By David Rhys Jones On 8 May 2012 · 2 Comments · In Cases, Court of Appeal, Detention

The Court of Appeal has reviewed the meaning of ‘independent evidence of torture’ and the correct approach to the analysis of medical reports in R (on the application of AM) v Secretary of State for the Home Department [2012] EWCA Civ 521.

AM was unrepresented, her asylum application refused, her appeal lost and [...]

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Historic trafficking cases

By David Rhys Jones On 3 May 2012 · 1 Comment · In Administrative Court, Cases, Trafficking
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The case of R (on the application of Y) v Secretary of State for the Home Department [2012] EWHC 1075 (Admin) may change the way in which the Home Office approach ‘historic’ trafficking cases. Although the case is

Y left China, was smuggled into Sweden and then stayed in an unknown country. [...]

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How To Solve Heathrow Queues In Time To Save The Olympics

By Free Movement On 1 May 2012 · 4 Comments · In News

I have a new and cunning plan to solve the queues at Heathrow, save the Olympics and, as an added bonus, revitalise rock bottom morale at the UK Border Agency, which is by all accounts now falling apart at the seams of its soon-to-be-replaced uniforms.

All Theresa May has to do is mug [...]

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Fairness to the rescue – Yes, again!

By Sarah Pinder On 30 April 2012 · 4 Comments · In Cases, PBS, Tier 4, Tribunal, Uncategorized

The trend is continuing with the fairly recent Upper Tribunal decision of Basnet (validity of application – respondent) [2012] UKUT 00113 (IAC).  This concerns applications rejected as invalid specifically due to a non-payment of the application fee.  We’ve waited too long for some sensible guidance in this area and this is certainly a [...]

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European Commission warns UK

By Free Movement On 26 April 2012 · 12 Comments · In EU Free Movement, News
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The European Commission has today given the United Kingdom two months to comply with European Union rules on the free movement of EU citizens and their families across the EU or face an EU court case. You can read the press release yourself here.

The four issues highlighted are as follows:

The Free [...]

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