Updates, commentary and advice on immigration and asylum law
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Asylum can be refused for general promotion of terrorism

The Court of Appeal in Youssef v Secretary of State for the Home Department [2018] EWCA Civ 933 decided that the appellant was disqualified from refugee status because he had incited terrorist acts in general. There was no requirement for there to ...

17th May 2018 By

Court of Appeal weighs in on “persistent offenders”

The Court of Appeal in SC (Zimbabwe) v SSHD [2018] EWCA Civ 929 gives us yet another new decision on the deportation of foreign criminals, this time on the definition of “persistent offenders”. Its discussion of the concept, while inter ...

17th May 2018 By

Free Movement interviews… Tim Barnden on sham marriages

What is a genuine relationship? This idea of a love marriage is an invention of modernity,. It’s not so long ago that most people would be getting married through other kinds of arrangements. In Victorian England, all kinds of financial consider ...

16th May 2018 By

Where’s the beef? Court criticises quality of Article 8 applications

The Court of Appeal’s decision in Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 seems to be an additional nail in the coffin for the once renowned (and now shut down) Malik Law Chambers, with the court repeatedly criticisi ...

16th May 2018 By

No legitimate expectation arises from a chat with the Business Helpdesk

The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A Mr Talpada attempted to challenge the applicability of the Rules and guidance to his case on the ...

15th May 2018 By

Briefing: the immigration rules covering foreign citizens in the UK fishing fleet

One of the interesting aspects of the ongoing national debate about Brexit is the prominent position occupied in the debate by the UK fishing industry. I would venture to say that maritime immigration control is a topic infrequently encountered even b ...

15th May 2018 By

How quickly could Meghan Markle get British citizenship and what are the requirements?

So, the Royal Wedding approaches. But once the bunting is bought, the flags are flown and the merchandise marketed, what happens next for Meghan Markle and Prince Harry? Will they live happily ever after and, if so, where and with what visa? Princes a ...

14th May 2018 By

High Court remedy for woman embroiled in disputed citizenship claim

Before she travelled to the land of her fathers, Yasmeen Din was born to Pakistani parents in the Churchill Hospital in Oxford on 26 June 1968. By virtue of section 11(1) of the British Nationality Act 1981, read with section 4 of the British National ...

14th May 2018 By

Entry bans don’t preclude residence card applications, says Court of Justice

Fresh out of the Court of Justice of the European Union is the interesting case of C-82/16 K.A. & Others v Belgium. A significant part of the decision deals with the 2008 Returns Directive, which does not apply to the UK. The remainder of the co ...

11th May 2018 By

Humanitarian standards are not the test for a cessation decision

In Secretary of State for the Home Department v MA (Somalia) [2018] EWCA Civ 994 the Court of Appeal grappled with the thorny question of what issues are relevant when a decision-maker is assessing the cessation of refugee status under the Qualificat ...

11th May 2018 By

The limits of consent orders: agreement to consider something irrelevant has no effect

Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office must take account of orders made in previous judicial review proceedings when deciding to re-detain someone. The Cou ...

10th May 2018 By

Data Protection Bill threatens rights to access information held by Home Office

An individual’s right to access information held about them under the Data Protection Act 1998 is arguably one of the greatest legacies of the New Labour government. In immigration law, where complexity abounds and cases often roll on for years thro ...

9th May 2018 By
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