Updates, commentary, training and advice on immigration and asylum law
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Government abandons “Australia-style” immigration system

The government has released a few more details of what it calls a “points based system” for immigration to the UK after Brexit. To balance out the impending end of free movement of workers from the European Union, it would allow employers ...

19th February 2020 By

Dutch man wins deportation appeal after judge messes up legal test

The Court of Appeal’s judgment in Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 is another reminder of the multiple layers of protection from deportation which EU citizens enjoy. In particular, it focuses on the importance ...

18th February 2020 By

Book review: (B)ordering Britain by Nadine El-Enany

In (B)ordering Britain: Law, Race and Empire, published last week by Manchester University Press, Nadine El-Enany argues that British nationality and immigration laws are acts of colonial theft. Having expropriated untold wealth from the countries com ...

18th February 2020 By

Don’t clog up the Admin Court with damages claims, warns Court of Appeal

The Court of Appeal in ZA (Pakistan) v Secretary of State for the Home Department [2020] EWCA Civ 146 has made a plea to lawyers to transfer their wrongful detention claims to the Queen’s Bench Division or County Court once the detention issue h ...

17th February 2020 By

Terrorism suspects are still entitled to immigration bail

In O3 v Secretary of State for the Home Department [2019] SN/147/2018, the Special Immigration Appeals Commission has confirmed that, just like regular immigration detainees, those facing deportation on national security grounds are entitled to a pres ...

14th February 2020 By

Surinder Singh route still requires genuine residence abroad

The Court of Appeal has confirmed that in order to benefit from the Surinder Singh principle, the family involved must have genuinely resided in another EU country and have created or fortified their family life there. In Kaur & Ors v Secretary of ...

13th February 2020 By

Immigration update podcast, episode 73

Welcome to episode 73 of the Free Movement immigration update podcast. This month we start with asylum, in particular the new Iraq country guidance decision, before turning to the rebranded Global Talent visa and the latest on Brexit. There are a coup ...

13th February 2020 By

Unlawful “curfew” amounted to false imprisonment at common law, Supreme Court confirms

In a pointed reminder, perhaps, to those in government threatening to “update” the Human Rights Act, Lady Hale began her Supreme Court judgment in the case of R (Jalloh) v SSHD [2020] UKSC 4 thus: The right to physical liberty was highly p ...

12th February 2020 By

Comment: Jamaica charter flight shows the need for deportation law reform

Last night a deportation flight took off for Jamaica, despite the protests of MPs and a last minute injunction that saw some removed from the plane. Many of the Jamaican citizens involved grew up in the UK — such as the man who has been here sin ...

11th February 2020 By

Can spouses of British citizens naturalise after just three years’ residence in the UK?

For those forced to make successive, increasingly-expensive applications just to remain in the country that they have made their home, naturalising as a British citizen is often the final rung of a very tall ladder. Like all ladders, the key to succes ...

11th February 2020 By

Trafficked woman who fled prostitution gave birth in prison after false passport conviction

In recent years the Court of Appeal (Criminal Division) has displayed a willingness to allow late appeals and quash historic convictions to address injustice against victims of human trafficking. This includes using the common law to protect the right ...

10th February 2020 By

Shamima Begum loses statelessness argument against citizenship deprivation

Shamima Begum is a citizen of Bangladesh and so would not be made stateless by being stripped of her British citizenship, the Special Immigration Appeals Commission has held. The main SIAC judgment is Shamima Begum (Preliminary Issue : Substansive) [2 ...

7th February 2020 By
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