Reconsideration of old human rights applications

If it looks impenetrable there is a reason for that. Home Office, London by Martin, on Flickr

The Home Office has introduced a new policy on reconsideration of old human rights claims that were refused before 6 April 2015 with no right of appeal: Requests for reconsiderations of human rights or protection based claims refused without right of appeal before 6 April 2015. The policy is important in the very many cases where a human rights application was made by an individual or family and the application was refused with no right of appeal because no removal decision was made. Under the … Read More >>

Genuine students and ECO interviews

blackboard greenboard chalk ideas

Having just finished drafting grounds for judicial review in a case involving a refusal of a Tier 4 study application on the grounds that the applicant was not a "genuine student" I was interested to see the new case of R (on the application of Mushtaq) v Entry Clearance Officer of Islamabad, … Read More >>

April 2015 immigration update podcast

headphones

Welcome to the April 2015 edition of the Free Movement immigration update podcast. In this episode I cover some procedural points, several cases and some updates on commencement of the Immigration Act 2014. The material is all drawn from the April blog posts on Free Movement. If you would like to … Read More >>

We already have a Bill of Rights, thank you very much

Prince of Orange Landing at Torbay, engraving by William Miller after J M W Turner

The Conservative Party manifesto includes replacement of the Human Rights Act with a Bill of Rights. We already have a Bill of Rights, so the proposed Conservative version will need to be called something different. Perhaps Bill of Rights 2: The Dark Night Rises. The Bill of Rights of 1689 was one … Read More >>

Visit visa refusals: appeal or judicial review?

airport-arrivals

The removal of full rights of appeal for family visit visas has led to a legal dilemma to those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or should they launch an application for judicial review? The problem seems all the more acute with many … Read More >>