Updates, commentary, training and advice on immigration and asylum law
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Lack of legal advice for migrants in prison ruled “discriminatory”

The High Court in SM v Lord Chancellor [2021] EWHC 418 (Admin) has held that free legal advice must be made available to immigration detainees held in prisons, bringing access to lawyers into line with the legal advice scheme operating in immigration ...

26th February 2021 By

Eviction of failed asylum seeker a breach of human rights

The Home Office breached the human rights of a refused asylum seeker by evicting him while his eighth attempt to reopen his asylum claim was still pending, the High Court of Northern Ireland has found. The case is Re Omar Mahmud (unreported, FRI3390). ...

25th February 2021 By

Upper Tribunal guidance on credible documentary evidence

The Upper Tribunal in QC (verification of documents; Mibanga duty) China [2021] UKUT 33 (IAC) has given useful guidance on how to approach documentary evidence submitted by asylum appellants.  The tribunal has also clarified the circumstances in whic ...

23rd February 2021 By

Grace period for overstayers cannot be relied on twice

The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the Court of Appeal in Kalsi & Ors v Secretary of State for the Home Department [2021] EWCA Civ 184. Excepti ...

22nd February 2021 By

£1,012 child citizenship fee confirmed unlawful by Court of Appeal

Upholding an earlier High Court decision, the Court of Appeal has confirmed that the Home Office’s £1,012 fee for registering children as British citizens is unlawful. The case is R (Project for the Registration of Children As British Citizens ...

19th February 2021 By

The pathway to British citizenship for European nationals in the UK

Ever since the Brexit vote in June 2016, EU citizens in the United Kingdom have been turning their attention to applications for British citizenship. Foreign nationals who have been living in the UK for five years can apply to “naturalise” as Brit ...

18th February 2021 By

Human rights court criticises CPS for prosecuting trafficking victims

The European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4 of the Convention. In VCL and AN v United Kingdom (application nos. 77587/12 and 74603/12), it sharply criti ...

16th February 2021 By

Ignore what the Immigration Rules say about deportation, Upper Tribunal says

In Bikanu (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 34 (IAC), the Upper Tribunal has confirmed that paragraph 399D of the Immigration Rules has no relevance to the human rights exceptions to deportation set out in section 117C(4)-(6) of the Nat ...

16th February 2021 By

Indefinite leave to remain can be revoked, but not cancelled

We get it: immigration law is tricky. Even so, C1 v Secretary of State for the Home Department [2021] EWHC 242 (Admin) is on another level and is probably best summarised by this GIF: Math Calculate GIF from Math GIFs The gist of the decision is that ...

15th February 2021 By

Travel bans, red lists and quarantines: how do they affect UK visa applicants?

With travel bans from so-called “red list” countries, the suspension of travel corridors and today’s long-awaited introduction of compulsory hotel quarantine, those already holding or who have applied for UK visas will be concerned about how ...

15th February 2021 By

Coronavirus and the UK immigration system

This is where we keep tabs on changes to UK immigration laws, rules and procedures brought on by the coronavirus pandemic. We’ve been trying to keep this post continually up to date rather than covering new coronavirus developments as separate b ...

15th February 2021 By

Immigration update podcast, episode 85

Welcome to episode 85 of the Free Movement immigration update podcast (not in fact episode 84 as we incorrectly say in the intro). We again start with developments in asylum law before going to business immigration and the Hong Kong BNO visa which is ...

12th February 2021 By
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