All Articles

New Home Office Article 8 policy

Shocker: the Home Office appear to have accepted what the Lords say in Chikwamba (see previous posts on the House of Lords cases themselves and then on the secret policies if coming to this fresh). The policy just published and now to be applied in al ...

18th September 2008 By

Secret Home Office policies

I have come across four secret Home Office policies since I returned at the start of September. Normally the Home Office has been quite good at disclosing the policies that officials apply to cases. There is a large section on the BIA website devoted ...

12th September 2008 By

Aussie Tier 1 refusals

It sounds from various internet forums as if the British High Commission at Canberra is getting tough on applicants for Tier 1. Where applications have been submitted that include evidence (e.g. payslips) that show the person has worked for more than ...

11th September 2008 By

Shortage occupation list published

Favourite shortage occupation: meteorologists It’s official: we don’t have enough home-grown talent in the weather forecasting department and need to import skilled weatherpersons from abroad. In order to tell us that it will rain again. ...

9th September 2008 By

I’m back

I took no risks as I walked through immigration control. No point in aggravating them with a ‘nice uniform’ remark or other such wise cracks. They mainly bother poor and black people, although as I passed through ‘nothing to declare& ...

1st September 2008 By

Good news from on high

The House of Lords have just issued four judgments today, three of which are good news for immigrants. The first is Beoku-Betts. In a surprisingly short judgment the Lords tell the Asylum and Immigration Tribunal to stop messing around and get on with ...

25th June 2008 By

Local immigration enforcement

I just came across a surprising Home Office press release. Usually, Home Office immigration press releases are recycled and re-used dribble. The ‘new’ ‘points’ based ‘system’ (I’d question the accuracy of all ...

20th June 2008 By

Reviews of ECO decisions

News from the front line is that Entry Clearance Officers (ECOs) are overturning refusals under immigration rule 320(7B) that were made before the string of concessions was announced. Just ask for a review, you shouldn’t have to make a second ap ...

13th June 2008 By

Changes to immigration rules

One of the annoyingly frequent changes to the immigration rules has just been issued and can be found here. These sometimes come out as often as fortnightly, and I can remember a number of occasions when they have been so ill conceived they’ve h ...

10th June 2008 By

Contriving to frustrate

Thanks for those who posted comments pointing the way to updated guidance to visa officers on the issue of contriving to frustrate immigration rules. The guidance is here and reads as follows: ‘Contrived in a significant way to undermine the int ...

5th June 2008 By

Latest news on HS Zimbabwe

News just in from Mark Henderson, the barrister behind the Zimbabwe test case litigation, is that HS is appealing the negative decision of the tribunal in his case, which was used as a test case for all Zimbabweans currently in the UK.  Permission ...

5th June 2008 By

The case of N v The United Kingdom

I found it necessary to polish off a bottle of wine before writing this post (Charon QC would be proud, although Rioja it was not), for reasons I think are probably clear from reading it. It is not a pleasant subject. The European Court of Human Right ...

27th May 2008 By

New concessions on re-entry ban

Some great news on the re-entry ban saga. There was an unusually good debate in the Commons last night, when several MPs managed to put the screws on Liam Byrne, the Minister, and extracted three excellent concessions. All credit to those responsible, ...

15th May 2008 By

Guidance on DP3/96 cases

The Home Office has managed to change the online guidance on DP3/96 surprisingly rapidly and these are now available to read. See chapter 53, section 53.3 of the Enforcement Instructions and Guidance (formerly known as the Operating Enforcement Manual ...

14th May 2008 By

Transylvania FC decimated

There was more evidence at the weekend that a shortage of Polish plumbers will soon hit these shores. The Observer published an interesting, thoughtful article on the return of many Eastern European migrants from Ireland to their home countries or el ...

7th May 2008 By

Legitimate expectation

The Government has lost yet again. I’m beginning to feel embarrassed for them. These repeated legal defeats smack of a basic failure to comprehend the idea of rule of law. That’s OK with individual politicians, of whom you can’t g ...

2nd May 2008 By

DP3/96 revoked II

In terms of scraping the bottom of the barrel, this is beaten only by the withdrawal of the non-removal policy for over 65s. Why oh why would they bother? Since at least 1993, there has been a policy that where a British citizen marries a foreign nati ...

25th April 2008 By

Unmarried partners

An interesting case is circulating amongst immigration lawyers at the moment but has not been officially reported. The Asylum and Immigration Tribunal reporting process is somewhat opaque, to put it mildly. Back in The Day, the tribunal used to send c ...

22nd April 2008 By

More news on the re-entry ban

Liam Byrne, the Immigration Minister, has written to the Immigration Law Practitioners Association (ILPA) with some further clarification on the no return amendment to paragraph 320 of the immigration rules (see here, here and here for previous posts ...

14th April 2008 By

Highly Skilled Migrant Programme case succeeds

It was with considerable pleasure that I read in the paper this morning that the HSMP Forum has won its challenge to the Home Office’s heavy-handed and inconsiderate change to the HSMP rules. I could use stronger language, but I’ll leave ...

10th April 2008 By

Guidance published on re-entry ban

The Home Office and UK Visas have published guidance on their website about how their decision-makers should apply the re-entry ban and the concession that was announced. Unfortunately, they appear to be sticking to the strict terms of the concession ...

8th April 2008 By

Lawyers v. Funders

The letter setting out the settlement reached between the Law Society and the Legal Services Commision and Ministry of Justice has leaked out… and is here for anyone interested. No big bangs. A small increase to the fixed fees and some empty pr ...

2nd April 2008 By

Returns to Iraq

There have been two important developments on returns to Iraq in the last week. The first is that an unknown number of Iraqis appear to have been removed on a specially chartered flight on 27 March. According to the International Federation of Iraqi R ...

31st March 2008 By

Re-entry ban concession

In response to a comment left on my last post, I should make it clear that the concession as it stands in Hansard only applies to people currently in the UK who leave before 1 October 2008.  This really does not make sense as it penalises those who h ...

19th March 2008 By

Re-entry ban for illegal immigrants

Immigration lawyers have been shocked by Government proposals to introduce from 1 April 2008 a re-entry ban on immigrants who have previously breached UK immigration laws. The ban was debated in the House of Lords last night. This is very rare for cha ...

18th March 2008 By

Judging the judges

A fascinating article has appeared in The Irish Times. Several tribunal chairmen — the Irish have wisely not glorified their tribunal staff with the misplaced title of ‘judges’ and I will call them adjudicators here — have resi ...

13th March 2008 By

Legacy update

I’m back, after a prolonged absence and thoughts of ending it all etc etc. The blog, not me. I’m fine, thank you. The news is that of the 6000 or so (roughly 6,800, apparently) families who were the first to receive Legacy questionnaires, ...

7th March 2008 By

Legacy appeals coming through

A very well sourced rumour has it that 95% of the outstanding 450,000 asylum ‘legacy’ cases so far resolved have resulted in grants of status. However, I hear that the Asylum and Immigration Tribunal have been told to prepare for extra appeals. Wh ...

10th December 2007 By

Home Office appeals marriage rules ruling ruefully

JCWI have put out a press release stating that the Home Office has been granted permission to appeal to the House of Lords against the Court of Appeal judgment in Baiai. The press release does not appear on the JCWI website, however, so I’ve cop ...

6th December 2007 By

HS (Zimbabwe) result officially available

The official version of the determination, with explanatory headnote, has now been made available. Click here for link to the BAILII version. There will almost certainly be an application for permission to appeal. Whether that will be granted is far l ...

30th November 2007 By

Permission granted to HSMP challenge

Permission was granted today by Mr Justice Sullivan in a judicial review of the decision to retrospectively change the immigration rules on the qualifying criteria for settlement under the Highly Skilled Migrant Programme. The case will now proceed to ...

30th November 2007 By

Sudanese test case

It has taken me a while to get around to posting on the House of Lords judgment in the Sudanese test case, SSHD v AH (Sudan) [2007] UKHL 49. This might be at least partly explained by my not wanting to have to post on it, as if this act of omission wo ...

29th November 2007 By

HS Zimbabwe determination removed from AIT website

Since I posted last night about the outcome of the HS (Zimbabwe) test case (we lost) the AIT seems to have removed the determination from its website. However, by clicking here you can get hold of a copy I downloaded earlier, in the finest Blue Peter ...

26th November 2007 By

Zimbabwe test case result

Many thanks to the leaver of a comment left on an earlier post on HS (Zimbabwe) for this. The result of this important test case seems to have appeared with no fanfare on the AIT website, in the unreported determinations section. It isn’t yet l ...

25th November 2007 By

Country Guidance on Iraq

I heard a great story the other day about the country guideline case that had been listed to deal with the situation in Iraq and the new ‘serious harm’ definition in the EC Qualification Directive. I had wondered what had happened to this, ...

24th November 2007 By

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