Updates, commentary, training and advice on immigration and asylum law
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How to apply for a UK Ancestry visa

People from Commonwealth countries often ask whether they can get a British visa on the basis of their country’s historical ties to the UK. The answer is, generally speaking, “no”. But there is one route which is open only to, althou ...

10th September 2020 By

I’m a Home Office Presenting Officer: ask me anything

We Presenting Officers can usually be put into two categories. The first group is unable to see anything wrong with any decision and will defend it at all costs. Although hopefully they’re few and far between, anyone with a bit of experience before ...

9th September 2020 By

Book review: Fake Law by the Secret Barrister

Sir James Munby once warned that public confidence in the family courts, which he ran between 2013 and 2018, was undermined by “ignorance, misunderstanding, misrepresentation or worse”. The problem affects all areas of law but takes differ ...

8th September 2020 By

Major Court of Appeal judgment revisits “unduly harsh” test and other key concepts

If you are a deportation lawyer, stop what you are doing and read HA (Iraq) v SSHD [2020] EWCA Civ 1176, handed down by the Court of Appeal on 4 September 2020. It will take you about three hours, but it will be worth it. The lead judgment of Lord Jus ...

8th September 2020 By

Comment: the Channel “crisis” and the politics of compassion

In the absence of safe and legal routes into the UK, migrants and refugees are undertaking desperate and treacherous journeys across the Channel in small boats and dinghies. On 19 August, news broke of the tragic drowning of Abdulfatah Hamdallah, a yo ...

7th September 2020 By

Channel boat people are refugees, Home Office officials confirm

Migrants crossing the English Channel in small boats are overwhelmingly genuine refugees, senior Home Office officials have confirmed. Evidence presented to the Home Affairs committee of MPs on 3 September makes clear that the majority of those making ...

4th September 2020 By

New intercountry adoption guidance arrives after long absence

New guidance on intercountry adoptions has finally been published following a lengthy gap that left parents, practitioners and even Home Office caseworkers struggling with this tricky section of the Immigration Rules.  The last in-depth document, wri ...

2nd September 2020 By

I stopped two unlawful removals last week – how does that make me an “activist lawyer”?

On 26 August 2020 at 7:45, a flight chartered by the Home Office took off from Stansted airport, heading for France via Dusseldorf. The passengers were asylum seekers from countries such as Iran, Sudan and Yemen. A similar flight took off two weeks be ...

1st September 2020 By

Bail accommodation system ruled “systemically unfair”

The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January 2018, tens of thousands of people have struggled against the harsh new system, which has ke ...

1st September 2020 By

Surrogacy, citizenship and immigration: common problem scenarios

The popularity and visibility of surrogacy are on the rise, thanks in part to scientific advances, a greater acceptance of LGBT+ rights and popular celebrity stories. The thousands of families created through surrogacy have meant joy for many but ...

27th August 2020 By

Comment: being non-racist is not enough

Racism is the belief that one racial group is above another racial group. It is supported by structural power. Structural power shows up in different ways and ensures unequal distribution of resources through laws, policies and behaviours amongst raci ...

26th August 2020 By

Challenge to Brook House detention conditions rebuffed by High Court

The High Court has refused a challenge to the conditions at Brook House Immigration Removal Centre in 2017 on all grounds. This is despite the Home Office having made a number of changes to the regime provided by G4S since then in response to criticis ...

25th August 2020 By
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