Updates, commentary and advice on immigration and asylum law
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A draft submission to the Windrush lessons learned review

I’ve been working on a submission to the Windrush lessons learned review. The final date for submission of evidence is 19 October 2018 and I’d urge anyone interested in immigration policy to consider putting in a response, no matter how sh ...

15th October 2018 By

New statement of changes to the Immigration Rules: HC 1534

A new statement of changes to the Immigration Rules was laid yesterday, 10 October. There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Wheth ...

12th October 2018 By

How to apply for leave to remain as a bereaved partner

This post is about what happens to a migrant who is in the UK on a partner visa if their sponsor passes away. If their partner dies before the migrant becomes settled, the last thing on their mind will be their immigration status. However, as status a ...

11th October 2018 By

Government “won’t have any idea” how many EU citizens lack immigration status after Brexit

The Home Office will have no idea how many EU residents are left undocumented by Brexit because it does not collect or release the necessary data, a leading immigration policy expert has warned. Madeleine Sumption said yesterday that the government ha ...

10th October 2018 By

Immigration tribunals lose their way in overcomplicated human rights rules

The appeal of Orhan Mendirez [2018] CSIH 65 is an interesting judgment from the Inner House in which both the Upper Tribunal and First-tier Tribunal come in for criticism. Both failed to approach their decision-making task, in an appeal focused on Art ...

9th October 2018 By

Split Court of Appeal finds that asylum seekers were unlawfully detained

Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled. This opening sentence from a Guardian article the other day refers to the case of R (Hemmati & Ors) v Secretary of St ...

8th October 2018 By

Help Refugees judgment: too little, too late for Calais children?

This is the second of two Court of Appeal cases this year about whether the Home Office behaved unlawfully towards vulnerable child asylum seekers during and after the demolition of the Calais refugee camp in 2016. The first appeal, R (Citizens UK) v ...

5th October 2018 By

No second chance for work visa applicants if sponsoring company loses licence

In the case of Pathan & Anor v Secretary of State for the Home Department [2018] EWCA 2103 the Court of Appeal reminds us, once again, of the rigidity and inflexibility of the Points Based System. It is also a good reminder of the purpose and pol ...

4th October 2018 By

10 things we (might) now know about the post-Brexit immigration system

After months of uncertainty we finally have a picture emerging of what the post-Brexit immigration system will look like. We have known for some time that after we leave the EU on 29 March 2019, the plan is to enter a transition period until 31 Decemb ...

3rd October 2018 By

Javid sounds tough note on citizenship in party conference speech

Sajid Javid delivered a speech today at the Conservative party conference that is likely to generate headlines for what he had to say on immigration, integration and citizenship. Upon closer inspection, there is less substance to these pronouncements ...

2nd October 2018 By

Future immigration enforcement: will Brexit make ID cards inevitable?

The whole purpose of the hostile environment is to exert indirect immigration control over migrants through employers, landlords, banks and public services. This is seen as an alternative to direct enforcement the old fashioned way, through arrests, d ...

2nd October 2018 By

Home Office stats show immigration enforcement activity declining across the board

“The government is cracking down harder on both illegal and legal migrants.” “The government does not control immigration.” These two contrasting statements are the prevailing yet paradoxical narratives on immigration in the Un ...

1st October 2018 By
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