Updates, commentary and advice on immigration and asylum law
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What are the terms of the immigration “amnesty” for survivors of the Grenfell Tower disaster?

The Home Office this week published a new policy setting out the terms of a 12 month immigration “amnesty” for survivors of the Grenfell Tower fire. In short, the Government is offering a grant (or extension) of 12 months leave to enter or remain with access public funds included as well as the right to work. Applications must be made before 31 August 2017. There is no formal application form that must be used and no fee is payable, nor is the Immigration Health Surcharge. This policy is additional to the Government’s previous assurance that immigration checks will not be carried out on Grenfell Tower survivors, an assurance reiterated in…

7th July 2017 By Colin Yeo

Can a child stateless by “choice” be registered as a British citizen?

Under the British Nationality Act 1981, a child who is born in the UK and is (and always has been) stateless is entitled to register as a British citizen. See Schedule 2, Paragraph 3: 3 (1) A person born in the United Kingdom or a British overseas territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely— (a) that he is and always has been stateless; and (b) that on the date of the application he was under the age of twenty-two; and (c) that he was in the United Kingdom…

6th July 2017 By Nick Nason

Guidance issued on renewal applications following non-admittance by the Upper Tribunal

The case of KM (Bangladesh) v Secretary of State for the Home Department [2017] EWCA Civ 437 (21 June 2017) raises an interesting, if niche, procedural point. The case is relevant to parties who have had an appeal dismissed by the Upper Tribunal (UT); who wish to challenge the findings of the UT on a point of law; but who miss the deadline to make the application for permission to appeal against the determination to the Court of Appeal so that the application is not admitted; and wish to renew their applications directly to the Court of Appeal In this case the Court of Appeal gives guidance on how and…

4th July 2017 By Nick Nason

Job advert: Deputy Editor for Free Movement website

Closing date: 31 July 2017 5pm The Free Movement website has gone from strength to strength over the last 12 months. Readership has increased massively, to an average of over 300,000 page views per month. Ebook sales are going well and membership has gone up by 20% to 1,200 active members. Innovative fixed cost online legal services are now provided to members of the public via a partner, Seraphus Solicitors. The day to day management demands of Free Movement have also increased. There is now a small team of writers and an administrative assistant to co-ordinate. In order to focus more on writing and my other work, I am seeking…

3rd July 2017 By Colin Yeo

Upper Tribunal rules it unsafe to return anyone to Libya

The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a threat to his life or person. This is the country guidance the Upper Tribunal gave in the case of ZMM (Article 15(c)) Libya CG [2017] UKUT 263 (IAC), overturning the earlier country guidance of AT and Others (Article 15c; risk categories) (CG) [2014] UKUT 318 (IAC). The Tribunal gave country guidance on the following issues: Is the Appellant at risk under Article 15(c) if returned to Libya?…

3rd July 2017 By Nath Gbikpi

European Court of Human Rights finds vulnerable Zimbabwean national unlawfully detained by Home Office

In a recent decision from Strasbourg, the European Court of Human Rights has found the UK Home Office unlawfully detained a Zimbabwean national. The Court found that the UK authorities had failed to act with sufficient “due diligence” in progressing the Applicant’s case, leading to him being detained for over two and a half years in an immigration removal centre. The case is S.M.M. v. THE UNITED KINGDOM (Application no. 77450/12). Background The applicant was born in Zimbabwe. He arrived in the UK in May 2001 and was granted six months’ leave to enter as a visitor. Fast forward to 2007, (a few driving offences and a failed asylum claim…

3rd July 2017 By Rebecca Carr
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