Updates, commentary, training and advice on immigration and asylum law
New Settled Status Handbook launched

Is it lawful to put immigration detainees in solitary confinement?

This article is about the High Court and Court of Appeal decisions in the leading (and so far only) case on segregation in immigration detention. They are R (Muasa) v Secretary of State for the Home Department [2017] EWHC 2267 (Admin) and R (TM (Kenya ...

8th May 2019 By

The UK innovator visa: innovative and scalable, but is it viable?

At the end of March 2019, the UK government launched its new innovator visa for overseas entrepreneurs and closed the Tier 1 (Entrepreneur) category to new applicants. The innovator visa is aimed at “more experienced business people” who have £50 ...

7th May 2019 By

The absolute state of the UK visa application system

There is a growing furore about the poor state of our visa application processes, which seem to have hit an all time low. The application systems for getting a visa, extension, settlement or citizenship are now mostly online and outsourced. But far fr ...

2nd May 2019 By

European Court of Human Rights awards substantive damages for breach of detention policy

The European Court of Human Rights has developed Article 5 ECHR beyond domestic law and potentially created a dramatic increase in the amount of damages payable for unlawful detention caused by a breach of detention policy. VM v United Kingdom (No. 2) ...

1st May 2019 By

How to apply for bail accommodation: latest from the Home Office

The Home Office has updated its policy on the requirements for accommodation and support to enable people to meet the conditions of their immigration bail. The policy applies whether that bail is granted by the Home Office or by the tribunal. While a ...

29th April 2019 By

How to invest: Court of Appeal gives important guidance to entrepreneurs

One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously showed was available for investment in their initial applications. The important case of R (Sajjad) ...

24th April 2019 By

“Hamid” disciplinary hearings in the High Court

In the short but landmark judgment of R (Hamid) v Secretary of State for the Home Department [2012] EWHC 3070 (Admin), the High Court affirmed that it has the power to oversee the conduct of lawyers in immigration cases. Judges have regularly used the ...

23rd April 2019 By

Greece is not safe for asylum seekers and refugees to be sent back to

In 2011, the landmark case of MSS v Belgium and Greece concluded that conditions in Greece were so dire, asylum seekers’ human rights would be breached if returned. Removals to Greece under the Dublin III Regulation were suspended as a result.   ...

18th April 2019 By

Who decides when an immigration appeal ends?

When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when the appeal comes to an end? The person themselves, the tribunal, or the Home Office? In July 2017, Mr Justice ...

17th April 2019 By

Bad news for overstayers in latest hardening of British citizenship policy

A recent change in the Home Office’s good character policy for citizenship applications is set to have a significant impact on people with a history of overstaying. The department expressly states for the first time that any overstaying in the last ...

17th April 2019 By

Major judgment finds Home Office policy of ejecting migrants over tax discrepancies “legally flawed”

The Court of Appeal has handed down a blockbuster judgment on the highly controversial use of paragraph 322(5) of the Immigration Rules to refuse settlement to migrants over alleged tax discrepancies. It says that the Home Office’s stance in the ...

16th April 2019 By

Yet more guidance on automatic deportation

The Upper Tribunal has handed down two cases with guidance on a range of issues relating to the automatic deportation regime. In both cases the appellants sought to rely on statements from the Supreme Court in KO (Nigeria) and Others v Secretary of St ...

16th April 2019 By
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