Following on from my McGill & Co. colleague Darren’s recent post on the consequences of overstaying, I thought I would illustrate his point with a few case studies. The following examples are all derived from real cases that I have recently ...

An immigration detainee who has indefinite leave to remain must apply to their local council for housing benefit rather than for a bail address or asylum support provided by the Home Office. R (AT (Guinea))) v Secretary of State for the Home Departmen ...

With the Brexit psychodrama continuing to monopolise airtime and public attention, it would be easy to overlook the government’s recent announcement of a new visa route for foreign students in the UK. Providing a bit of relief from the general d ...

The Home Office acted unlawfully when accommodating a Nigerian asylum seeker and her young children in a studio flat for about 14 months, the High Court has found. The judgment in R (O) v Secretary of State for the Home Department [2019] EWHC 2734 (Ad ...

Just when you thought the rule excluding chefs at take-away restaurants from the Tier 2 Shortage Occupation List had been tested to destruction, there arrives yet another valiant attempt to navigate this uber-niche corner of a corner of the Immigratio ...

Another statement of changes to the Immigration Rules (HC 170) was laid on 24 October 2019. The changes relate to Appendix EU of the Rules and their functioning in a no-deal Brexit scenario. This is somewhat surprising given recent events. Jacob Rees- ...

Last year, the Upper Tribunal refused to recognise my client PK as a refugee, despite acknowledging the risk of a Ukrainian conscript being associated with organisations committing acts contrary to international humanitarian law. This resulted in th ...

Someone sentenced to more than four years’ imprisonment is in the most serious category of offender for the purposes of deportation law, no matter how long ago that sentence was, the Court of Appeal has confirmed. The case is OH (Algeria) v Secr ...

I love deadlines. I love the whooshing noise they make as they go by. Douglas Adams, The Salmon of Doubt Law is frequently a question of deadlines. Points fixed in a calendar, some optimistically scribbled in, some tattooed on a limb. If you are lucky ...

Welcome to episode 69 of the Free Movement immigration update podcast. This is a bumper Brexit issue: we’ll be covering the government’s policy on ending free movement for EU citizens, in addition to a healthy crop of cases on EU immigrati ...

The Home Office released a new set of EU Settlement Scheme statistics in early October. While this update again showed a rise in applications to the scheme, it also suggests re-applications to it are counted towards the total. This raises questions ov ...

The High Court has decided that rule 35(2) of the Detention Centre Rules is not unlawful, despite acknowledging the overwhelming evidence that it has failed to protect the welfare of detainees who are at risk of suicide. In R (IS (Bangladesh)) v Secre ...