All Articles

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

Re-documentation

I’ve been spurred back into blogging by a report I just saw from The Independent. It’s about what the Home Office and lawyers call ‘re-documentation’. Where an asylum claim fails, the Home Office are quick to start preparing a ...

12th November 2007 By

More news on legacy cases

Further to previous posts on this subject, there have been suggestions that the legacy ‘case resolution exercise’ is producing some surprisingly humane outcomes. An organisation previously unknown to me called Positive Action In Housing ...

18th October 2007 By

Chindamo and European citizenship

There have been some excellent and well-informed posts about this case already in the legal blogging world, notably at Nearly Legal, Head of Legal and the prolific Jailhouse Lawyer. No-one has explained the rationale for why the relevant EC Directive ...

7th September 2007 By

Latest ticking off

The Court of Appeal has given the Asylum and Immigration Tribunal another good ticking off. The case is AG (Eritrea) v SSHD and, frankly, is probably of no interest whatsoever to anyone except geeky immigration lawyers such as myself. However, it̵ ...

10th August 2007 By

Judge J

An entertaining couple of articles appeared in The Mail on Sunday over the weekend. I’m not exactly a regular reader of that publication, but was tipped off about it. Immigration Judge “J” of Brazilian cleaner infamy gives an intervi ...

8th August 2007 By

Maintenance without recourse to public funds

I said some time ago that I would do a post on this subject and here it is… The maintenance requirement is one of the key tests in the immigration rules, and it applies to all categories of immigrant except refugees and their families. To meet th ...

7th August 2007 By

Home Office amnesty

There’s no amnesty. That’s all. I wish it wasn’t necessary to repeat this, but good immigration lawyers and good community groups are reporting increasing numbers of walk-in clients who have been charged large sums to make an applica ...

31st July 2007 By

Latest on HS (Zimbabwe) test case

There have been a lot of hits on this site from people looking for news about the Zimbabwe test cases. The latest news is that last week’s hearing is now over. The panel consisted of Mr Ockelton (Deputy President of the Asylum and Immigration Tr ...

30th July 2007 By

Removals to DRC

There have been a few emails flying around amongst refugee lawyers recently about a court-ordered suspension on removals to the Democratic Republic of Congo. NCADC have posted up some information about the situation. In summary, a high court judge rec ...

18th July 2007 By

Certificates of approval and the Baiai case

UPDATE 19/4/09: The Home Office has stopped charging for Certificates of Approval. They say their policy is under review and they say they are “carefully considering the implications for those who have already paid a fee and will shortly announc ...

7th July 2007 By

Borders Bill latest

I’ve updated the Borders Bill page here with a little more up to date information. This follows a Home Office press release on 25 June 2007 announcing that protection for children subject to immigration control will be enhanced. I’ve taken ...

2nd July 2007 By

Spouse applications and appeals

I’ve just been doing the appeal on a not-terribly-well-prepared spouse case. It was a frustrating experience as the appeal may fail, although the case might potentially have been a strong one. It is difficult to tell where the fault lies for the ...

20th June 2007 By

Simplifying immigration law

The framework for immigration control is mainly contained in the Immigration Act 1971. This has been amended by major pieces of primary legislation in 1988, 1993, 1996, 1999, 2000, 2002, 2004, 2006 and probably also in 2007 by the UK Borders Bill curr ...

13th June 2007 By

EU case law

Via a comment left on this site, I’ve been made aware of an excellent blog called EU Case Law, which I’ve added to my ‘blogroll’. It’s a really good way of keeping up to date with the latest legal developments in Europe a ...

12th June 2007 By

Should I stay or should I go?

It is a question faced by all immigrants. To be uprooted from your own country, culture and kinship network leads to enormous dislocation and can be deeply traumatic. Living in exile is difficult, whether it is the result of forced movement or is ...

29th May 2007 By

More on refugee children

Co-incidentally, after my last post on Unaccompanied Asylum Seeker Children (UASCs) an excellent but depressing article appeared in The Guardian on the same topic. It describes the circumstances in which many refugee children live and was prompted by ...

25th May 2007 By

Unaccompanied asylum seeker children

In the fourth quarter of 2006, the most recent statistics available on asylum applications, 730 unaccompanied children applied for asylum in the United Kingdom. The total number of child asylum applicants for the whole year was 2855. Unaccompanied asy ...

22nd May 2007 By

International Graduates Scheme

On 1 May 2007 a new immigration category was created, called the International Graduates Scheme. This supersedes and replaces the previous Science and Engineering Graduates Scheme, affectionately known as SEGS. The change was effected by Statement of ...

21st May 2007 By

AA (Zimbabwe) test case

The test case of AA (Zimbabwe), mentioned in previous posts, is being dropped by the Asylum and Immigration Tribunal in favour of another case, called HS (Zimbabwe). This is apparently because the AIT did not want to have to deal with argument about w ...

15th May 2007 By

Forced marriage cases

Yesterday the Foreign and Commonwealth Office launched a new forced marriage survivor’s handbook. A specific team, the Forced Marriage Unit, was set up two years ago to deal with this issue and is reported to be dealing with 250 cases a year. Obvio ...

9th May 2007 By

Evolution of the New Asylum Model

A little too reminiscent of Cromwell’s New Model Army, perhaps, the New Asylum Model is supposed to herald a new age of high quality Home Office asylum decision making. The Home Office already seem to have stopped referring to it as being New ...

8th May 2007 By

Points based immigration system

The Home Office has been planning a shift to a points-based system for assessing immigration applications for some time, and recently announced the timetable for its introduction: Tier 1: beginning of 2008. This part of the scheme is for the highly ...

24th April 2007 By

Immigration fee increases

A number of people seem to have come across this site while looking for information about the increased immigration fees, about which I have already written a post. I thought it would be instructive to post up the old immigration fees, the new ones an ...

16th April 2007 By

Keeping out Johnny and Jane Foreigner

Until 2002 or thereabouts, the minimum age for the fiance in the UK who was to marry the person from abroad was 16 but the minimum age for the person from abroad was 18. These ages were then equalised at 18. It would appear that the age for both is so ...

11th April 2007 By

Deportation of ‘foreigners’

This has been a sorry business. The background is that in mid 2006 it came to light that foreign prisoners serving sentences for crimes committed in the UK were not being considered for deportation at the end of their prison sentences. Instead, they w ...

10th April 2007 By

New immigration fees

The fees for immigration applications made from both inside the UK (often referred to by immigration lawyers as ‘in country’ applications) and outside the UK at visa posts (referred to as ‘out of country’ applications) are goi ...

27th March 2007 By

Desperate times

There was some sort of riot at Campsfield Detention Centre last week, as anyone following the news more carefully than I will know. I’ve been attending a training course all week and am therefore a bit out of the loop. The BBC cover the story, a ...

17th March 2007 By

Sympathy for the AIT

I went for a drink last night with a couple of immigration lawyer friends and they had a lot less sympathy for the AIT than myself. Their line was that the AIT should stop making such politically inspired and illiberal decisions, and that the latest i ...

9th March 2007 By

Definitive Zimbabwe case overturned again

The Court of Appeal has yet again overturned the Asylum and Immigration Tribunal’s attempt definitively to establish whether a failed asylum seeker is at risk of ill-treatment by the Zimbabwe secret service at Harare airport following a forced ...

8th March 2007 By

Overstayers and illegal entrants

Oh dear, another crackdown has been announced by the good Dr Reid. Read all about via the Home Office press release, or here if you prefer the BBC version. I won’t bother with links to the major papers, they are easy to look up. The press relea ...

7th March 2007 By

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