Updates, commentary, training and advice on immigration and asylum law

Slashing support payments to potential slavery victims defied clear policy

The High Court has again taken the Home Office to task for its stingy approach to supporting vulnerable asylum seekers during the pandemic. In R (JB) v Secretary of State for the Home Department [2021] EWHC 3417, the court held that the department un ...

12th January 2022 By

How many people have been stripped of their British citizenship?

At least 464 people have been stripped of their British citizenship since the law allowing it was relaxed 15 years ago, Free Movement analysis shows. Home Office figures record 175 people being deprived of their citizenship on national security ground ...

10th January 2022 By

Human rights damages claims can be transferred from Upper Tribunal to County Court

The Upper Tribunal has decided that it has the power to transfer damages claims resulting from judicial review proceedings to the County Court. The tribunal held that its incidental powers mirror those enjoyed by the High Court, which routinely transf ...

10th January 2022 By

Ex-partners don’t retain EU law residence rights after domestic abuse

Singh (EEA; EFMs) [2021] UKUT 319 (IAC) is the latest instalment from the Upper Tribunal on EU free movement law in outstanding cases from before Brexit — specifically, retained rights of residence for “durable partners”. Mr Singh ha ...

10th January 2022 By

Six especially ugly bits of the revised Borders Bill that really should be changed

The controversial Nationality and Borders Bill had its second reading in the House of Lords this week. One thing that peers on all sides of the house seemed to agree on – even if for different reasons – is that the immigration system is not workin ...

7th January 2022 By

Scrap the nonsensical 28-day start date rule for sponsored workers

Reading work visa sponsor guidance can be frustrating at the best of times, but particularly aggravating is paragraph S3.9: You must normally stop sponsoring the worker and inform us via your SMS account if the start date is delayed by more than 28 d ...

5th January 2022 By

Recipe for a balanced immigration CPD training diet

Over on family law blog Pink Tape, barrister Lucy Reed published what I thought was a really good blog post with suggestions on how to put together a decent training plan for Continuing Professional Development purposes. As she says, the training requ ...

4th January 2022 By

Free Movement review of the year 2021

Since 2013 I’ve been trying to stand back at the end of each year, take a look back at the previous year and look ahead to the next. Last year I picked out the coronavirus, the Brexit fallout and refugees as themes for the coming year. Immigrati ...

1st January 2022 By

Court of Appeal game-changer for validity and continuous residence

Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 is a beast of a case that: Extends the Mirza exception to retrospective invali ...

23rd December 2021 By

Jobs: policy manager / engagement & participation coordinator, ATLEU

There are two exciting opportunities to join ATLEU, a leading anti-trafficking and human rights charity, in the newly created roles of Policy Manager and Survivor Engagement and Participation Coordinator. Policy Manager We are looking for a dynamic an ...

23rd December 2021 By

Seeking asylum isn’t illegal yet, criminal courts confirm, quashing small boat convictions

The Court of Appeal has quashed the convictions of three asylum seekers jailed for between two and six years for assisting unlawful immigration after piloting small boats across the English Channel. The case is Bani v The Crown [2021] EWCA Crim 1958. ...

22nd December 2021 By

Restricted leave and Russian justice: when is refusing ILR irrational?

How should the Home Secretary deal with asylum seekers who are excluded from the protection of the Refugee Convention but cannot be deported? Since 2011, the restricted leave policy has sought to address that question. Restricted by name and restricti ...

22nd December 2021 By
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