Updates, commentary and advice on immigration and asylum law
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No human rights issues to be raised in EEA appeals, confirms Court of Appeal

In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights…

19th May 2017 By Nick Nason

The interregnum: 11 years without free movement from 1962 to 1973

There was a short period of just 11 years between 1962 and 1973 when free movement of people did not apply in the UK. Other than during that time, businesses and public services have had easy access to workers from other countries. Following Brexit, the UK will be embarking on a similar period. If the full force of UK immigration law is brought to bear on all foreign nationals, this will require major adjustments in economy and society. One wonders how long the interregnum might last this time. This blog post is based on notes for a talk I was due to give last week but had to pull out of…

19th May 2017 By Colin Yeo

Book review: Bureaucracy, Law and Dystopia in the United Kingdom’s Asylum System by John Campbell

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…

19th May 2017 By Colin Yeo

Coruscating criticism by President of Home Office behaviour in refugee family reunion case

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…

19th May 2017 By Nath Gbikpi

Immigration law and policy after the election: unfortunately, the Conservative manifesto tells us what is coming

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…

18th May 2017 By Colin Yeo

Capparrelli (EEA Nationals – British Nationality) [2017] UKUT 162 (IAC) -Comment by Ian Macdonald QC

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…

18th May 2017 By Colin Yeo
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