The latest case on fairness and the Secretary of State’s duty within the Points-Based System was published earlier last month. Naved (Student – fairness – notice of points) [2012] UKUT 14(IAC) concerned a student applying for further leave to remain within Tier 4. The SSHD’s sole reason for refusal was that she was [...]
Maslov and the bright line
In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of both the First Tier and Upper Tribunals in finding the Maslov ‘very serious reasons for justifying the expulsion of a foreign national’ criterion [...]

A new decision from the President of the Immigration and Asylum Chamber of the Upper Tribunal offers relief to work permit holders caught out by a sneaky change to the Immigration Rules in April last year. This topic has been covered here on the blog before, here and here.
Before the new [...]
New case law on marriages
Several important new cases have just emerged on the subject of marriage and the immigration rules for spouses. They all deal with the evidence and burden of proof in such cases. The President of the Upper Tribunal’s Immigration and Asylum Chamber, Mr Justice Blake, has had a hand in all three.
The first of [...]
The latest Country Guidance case on Zimbabwe finds, in essence, that despite vociferous and violent pronouncements about homosexuality at the highest level in that country, Zimbabwe is a safe haven for lesbians and gays. The case is LZ (homosexuals) Zimbabwe CG [2011] UKUT 00487 (IAC) and it was reported on 26 January [...]
On 15th November 2011, the Court of Justice of the European Union (‘the CJEU’) handed down its judgment in the case of Dereci (C-256/11). This was a much awaited judgment after the ‘Zambrano and Article 20’ revolution was dampened by McCarthy (see here for previous posts in relation to Zambrano and here for McCarthy). As a quick reminder, Article 20(1) of the TFEU, [...]
Lord Justice Ward is at it again:
This is another of those frustrating appeals which characterise – and, some may even think, disfigure – certain aspects of the work in the immigration field. Here we have one of those whirligig cases where an asylum seeker goes up and down on the merry-go-round leaving one wondering [...]

A few reported determinations from late last year have so far escaped comment here. There’s not much to say about these ‘Ronseal’ style determinations. Lest they be forgotten, though, here are the links and official headnotes:
Haque (adjournment for asylum interview) Bangladesh [2011] UKUT 481 (IAC)
An Immigration Judge [...]

In the case of NS v UK (C-411/10) (see here for FM’s earlier alerter post), the Court of Justice of the European Union (CJEU) held that the transfer of an asylum-seeker from one EU Member State to another under the Dublin II regulation is not permitted where a failing asylum system in the receiving State creates a risk of inhuman [...]

The Upper Tribunal in T (s.55 BCIA 2009 – entry clearance) Jamaica [2011] UKUT 00483 (IAC) has decided that section 55 of the Borders, Citizenship and Immigration Act 2009 does not apply to children outside of the United Kingdom, although you might be forgiven for thinking otherwise after reading the case.
[...]@freemvntblog
- Another food based integration strategy from Pickles http://t.co/IYu2xjcQ 4 hours ago
- @AdamWagner1 Was going in as they were coming out, which was interesting... 6 hours ago
- @AdamWagner1 Well done. No doubt we'll be against each other in due course now. 6 hours ago
- @migrationwatch And? 8 hours ago
- RT @migrationwatch: Nearly two thirds of births in London are to a foreign born parent http://t.co/fharBhJ2 8 hours ago
Immigration cases- SS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 155 (21 February 2012) 21 February 2012
- Secretary of State for the Home Department v SP (North Korea) & Ors [2012] EWCA Civ 114 (16 February 2012) 16 February 2012
- Sanade and others (British children - Zambrano Dereci) [2011] UKUT 48 (IAC) (07 February 2012) 10 February 2012
- YF (China) v Secretary of State for the Home Department [2012] EWCA Civ 77 (10 February 2012) 10 February 2012
- A v Secretary of State for the Home Department [2012] EWHC 117 (Admin) (08 February 2012) 8 February 2012
- Masih (deportation - public interest - basic principles) Pakistan [2012] UKUT 46 (IAC) (07 February 2012) 7 February 2012
- Othman v Secretary of State for the Home Department [2012] UKSIAC B1 (6 February 2012) 6 February 2012
- Moussaoui, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 126 (Admin) (03 February 2012) 3 February 2012
UK Border Agency- Online appointment bookings in UK unavailable on 21 February 2012 21 February 2012
- Gatwick airport drugs smuggler 17 February 2012
- Biometric residence permits are being introduced for more immigration categories 14 February 2012
- Changes to Tier 1 application requirements 13 February 2012
- New student rules to welcome the brightest and best while tackling abuse 13 February 2012
Immigration news- 35 years for Nikitta Grender's killer 22 February 2012
- S Korea urges China on refugees 22 February 2012
- Somalia: UK weighs up air strikes against rebels 22 February 2012
- Letters: The UKBA and child asylum seekers 22 February 2012
- Somali community in Britain begins to find its voice 22 February 2012
Policy and research- New migrants need better quality private rented housing 22 February 2012
- Shock Horror News! Inspection shows it doesn’t really matter that not all passengers are subjected to the full rigour of identity checks at borders 21 February 2012
- A manifesto on migration and integration for the next Mayor of London 20 February 2012
- The story of MRN (so far...) 20 February 2012
- The Legal Aid Bill - last chance to act 20 February 2012
- The Free Movement blog is written by barristers in the immigration team at Renaissance Chambers
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The information and commentary on this blog is provided free of charge for information purposes only. The information and commentary does not, and is not intended to, amount to legal advice to any person. Views expressed in blog posts are those of the author only, not Renaissance Chambers as a whole.











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