The first thing to say about this book is that it has a really excellent and entirely appropriate title. The contents do not fail to deliver. Campbell seeks to place immigration and asylum decision making by officials and judges within a wider context, taking into account not just the internalised processes and self perception of individuals operating (or being operated by) the system but also the institutional and cultural influences at work. Campbell is particularly interested in the role, direct and indirect, of the Home Office at all stages in the process, which he finds to be all pervading. Very little academic research or writing has been done on the…

To summarise, figuratively the Secretary of State does not have a leg upon which to stand either factually or legally. These were the words used by Mr Justice McCloskey, president of the Upper Tribunal, in the judicial review case of Mohamed Al-Anizy. Needless saying, he was not very impressed by the Secretary of State´s behaviour, in this case in relation to her application (or, rather, non-application) of its guidance on family reunion for refugees. Background of the case The Applicant, Mr Al-Anizy, is a husband and father of four children, aged between 3 and 10 years old. The family are Kuwaiti Bidoons. The Kuwaiti authorities issued a warrant of arrest…

Some people are posting up comparisons of different immigration policies of different parties. I cannot see the point. The result of the next General Election is a foregone conclusion and has been since Jeremy Corbyn was re-elected leader of the Labour Party. Surprisingly, some on the left even now do not understand this, but the opinion polls are very, very clear. Labour has edged up a little in the latest polls but the gap remains oceanic in scale. And opinion polls historically overestimate Labour support, not underestimate it. So, if we want to know what is going to happen in immigration law and policy after the election, all we have…

Ian Macdonald QC has sent in an interesting note on the controversial Capparrelli determination. For background, see original Free Movement write up here: Tribunal finds Home Office has wrongly issued British passports to EU citizens and their children. Section 1 of the British Nationality Act 1981 (the “1981 Act”), the subject matter whereof is “Acquisition by birth or adoption”, provides: “(1) A person born in the United Kingdom after commencement, or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is— … (b) settled in the United Kingdom or that territory.” Section 1 came…

“Not often” is the answer. Only if the tribunal acts in an improper way. Incompetence or unlawfulness is not sufficient. In this case, R (on the application of Gudanaviciene) v Immigration and Asylum First Tier Tribunal [2017] EWCA Civ 352, an EU national was facing deportation. She appealed the decision to deport but no legal aid was available to assist her and she could not afford to pay for legal representation. A good firm of solicitors, Turpin Miller in Oxford, agreed to take on her case but only to the extent that they would, unfunded, help her apply to the Legal Aid Agency for “Exceptional Case Funding”. Her application for…

Businesses large and small are the backbone of our economies, and enterprise is the engine of our prosperity. That is why Britain is – and will always be – open for business: open to investment in our companies, infrastructure, universities and entrepreneurs.   –  Theresa May, Davos, January 2017 Entrepreneurs are used to taking risks. And in applying for a Tier 1 (Entrepreneur) visa, they will certainly be taking one. While in the 3 years to December 2016 the UK issued entry clearance to 2,821 holders of entrepreneur visas, and granted in-country extensions of leave in 7,283 cases in the same category, the refusal rate for both applications has consistently…