Updates, commentary and advice on immigration and asylum law
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Government stance on residence permits for trafficking victims declared unlawful

The Court of Appeal has held in PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98 that the criterion of “compelling personal circumstances” for a grant of limited leave as a trafficked person in the Secretary of StateR ...

14th February 2018 By

How immigration bail really works: scenes from Hatton Cross immigration tribunal

Free Movement deputy editor Conor James McKinney has been exploring the day-to-day workings of the immigration tribunals. Above is a discussion with Emily Dugan of BuzzFeed News, a journalist with a long-standing interest in immigration and asylum iss ...

13th February 2018 By

Immigration bail system failing mentally ill, Court of Appeal finds

Are there adequate procedures and protections for mentally ill migrants in detention centres who wish to challenge the lawfulness of their detention? No, said the Court of Appeal in R (VC) v Secretary of State for the Home Department [2018] EWCA Civ ...

12th February 2018 By

In case you missed it: immigration in the media, 2-9 February

Here’s your round-up of the immigration and asylum stories that made national headlines this week. “De-risking” closes migrant accounts The Guardian‘s business section raises concerns about immigrants’ bank accounts being clo ...

9th February 2018 By

Job ad: Westkin Associates

  Job Summary A boutique immigration law firm based in the heart of London’s Mayfair is currently looking for an experienced immigration lawyer. Applicants must hold level 1 OISC / LSC accreditation or better and/or be actively working towa ...

9th February 2018 By

Supreme Court: Home Office could not impose bail on migrant who cannot lawfully be detained

The Supreme Court yesterday held in the case of B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5 that the Home Office cannot impose bail conditions on a migrant who cannot be lawfully detained. Or, at least, the Home Office coul ...

9th February 2018 By

Landmark Supreme Court decision overrules historic gender discrimination in British citizenship

The Supreme Court has opened up British citizenship by double descent to all children of British women born between 1949 and 1983. Delivering a judgment which makes no attempt to disguise his academic interests as a historian, Lord Sumption delivered ...

8th February 2018 By

British migrants trying to keep EU citizenship get Court of Justice hearing

Around 1.3 million British citizens are currently settled in other EU member states, but do not have citizenship of those countries. Just like EU citizens living in the UK, they can do this by relying on free movement rights granted by the EU. Speakin ...

8th February 2018 By

How to make a permanent residence application

The Brexit vote to leave the EU has caused huge anxiety amongst EU citizens and their family members living in the UK. The UK government continues to advise these citizens not to make applications for proof that they have the right to permanent resid ...

6th February 2018 By

Court of Appeal gives authoritative guidance on Article 3 medical cases

The Court of Appeal last week issued “authoritative guidance” on Article 3 medical challenges against removal, reflecting the European Court of Human Rights’s decision in Paposhvili v Belgium. Lord Justice Sales, giving the court ...

5th February 2018 By

In case you missed it: immigration in the media, 26 January – 2 February

Another bumper week – but then, immigration and asylum are hardly ever out of the headlines these days. EU citizens in immigration detention The number of EEA nationals held in immigration detention has increased sharply in recent years, from 7 ...

2nd February 2018 By

December 2017 immigration update podcast

Welcome to the December 2017 edition of the Free Movement immigration update podcast. This month I cover some changes to the Immigration Rules, the latest Brexit developments and a trio of decisions on deportation. I then mention two cases at the Cou ...

2nd February 2018 By
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