All Articles

Change of tune

I’m sorry to harp on about this and will return to some substantive legal blogging next week (there’s been a fairly lengthy change to the rules that I haven’t even looked at yet, for starters). I can’t help noticing that UKBA h ...

25th September 2009 By

Should she go?

I’m sitting on the fence on this one. One the one hand it would be a tragedy if someone of Baroness Scotland’s talents and background were sacked over a silly law like this one. On the other, her departure might serve to prove just how sil ...

22nd September 2009 By

Baroness Scotland

The media coverage on this story has been interesting. The Telegraph is running a short story that is actually quite sympathetic to employers who break the law. Many seem to be revelling in the fact that Baroness Scotland helped to pass the law she ma ...

18th September 2009 By

Post flight spouse

Since 2005, refugees have been granted five years of limited leave, at the end of which they are eligible to apply for settlement, or ILR. Before 2005, they were granted settlement straight away, on the grounds that this policy promoted integration. O ...

16th September 2009 By

Error not to adjourn

In the recent case of AK (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 941 the Court of Appeal held that an immigration judge had committed an error of law in failing to adjourn a hearing when the appellant had been ditched by hi ...

11th September 2009 By

Revolting minions

I’ve heard a couple of reports of dissent in different ranks this week. Firstly, I’ve heard from two separate sources that UKBA is imposing a ‘success’ rate of 85% on Home Office Presenting Officers, the officials who represent ...

10th September 2009 By

Forced marriage research rejected

I’ve created a new category on the visa age to keep track of the different posts I’ve written on this subject over the last couple of years. The Home Office have provided further reasons for rejecting the research that found that increasin ...

9th September 2009 By

Silly season

I’m going to be away for a while and will begin posting again at the beginning of September. In the meantime, I hope you all have a good summer! ...

8th August 2009 By

Dereliction of duty

There has been a noticeable trend recently for the Home Office to refuse applications but not to take enforcement action. Several lawyers have commented on this elsewhere, I’ve just come across a couple of cases and so has a colleague in chamber ...

7th August 2009 By

HIV/AIDS cases

Permission to appeal to the Court of Appeal has been granted in at least three cases to look at the question of in what circumstances a person with HIV/AIDS might succeed in establishing a right to remain in the UK on the basis that their removal to a ...

6th August 2009 By

Sexual identity

An interesting judgment has been handed down today: NR (Jamaica) v SSHD [2009] EWCA Civ 856. It touches on a thorny issue on which I have to say some immigration judges have not exactly covered themselves with glory. Sadly, the Court of Appeal fails t ...

5th August 2009 By

Older dependent relatives

Just a quick post on this to highlight an extremely useful case that’s been handed down today. I’ve been horribly busy so the blog has been suffering a bit, I’m afraid. The case is ZB (Pakistan) v Secretary of State for the Home Depa ...

30th July 2009 By

Criminal offences and refugee status

There have been several important judgments from the Court of Appeal in the last few weeks. I’ve been very busy and having difficulty keeping up. However, I seem to have been struck down by piggy flu and find myself with time at home on my hands ...

16th July 2009 By

Silver ILPA

On Thursday the Immigration Law Practitioners Association celebrated its 25th anniversary, just down the corridor of power from the Westminster committee room where the first meeting was held on 9th July 1984. The current Director, Alison Harvey, did ...

11th July 2009 By

Mind your language II

On a day where there are several appalling linked stories in the press about the horror and misery of true trafficking (here, here and here), I was sorry to read the Home Office attempting to claim false credit for a trafficking criminal conviction. T ...

8th July 2009 By

Fresh claims

This is becoming something of a hot topic, no doubt because of the number of Sri Lankan and Zimbabwean fresh claims that have been made recently because of changed circumstances in those two countries. The Court of Appeal has just issued a judgment on ...

25th June 2009 By

Sir Henry Hodge

I was very sorry to hear last week that Sir Henry Hodge, President of the Asylum and Immigration Tribunal, has died. He was a genial, very affable man, with an amused twinkle almost always in his eye. AIT stakeholder meetings and the like were made al ...

23rd June 2009 By

Right to work

There are two recent important developments on this front. The first is that the Home Office is appealing the ZO Somalia case on right to work for those who have made fresh asylum claims and have not received a decision within one year of their applic ...

17th June 2009 By

First reported PBS appeal decision

The determination concerns the award of a qualification for the purposes of Tier 1: Post Study Work rather than the bigger issue of the silly maintenance requirements. Senior Immigration Judge Spencer finds that a person has not been awarded a qualifi ...

9th June 2009 By

Bad guy or fall guy?

There has been a rush of cases in recent weeks on the subject of the Refugee Convention exclusion clauses. The exclusion clauses basically exclude some people from refugee status. In reality, human rights law has evolved to prevent removal if there is ...

8th June 2009 By

Points Based System changes

The Home Office have today announced some changes to the Points Based System for Tier 4 students. In summary, the main changes are: 1. Transitional arrangements on maintenance are extended to 30 September 2009, meaning the applicant need only show the ...

1st June 2009 By

Permission to work for fresh asylum claimants

I recently wrote a post on fresh claims for asylum explaining what they are and summarising the criteria. New on this subject this week is ZO (Somalia) v SSHD [2009] EWCA Civ 442, in which the Court of Appeal holds that the same law on permission to w ...

29th May 2009 By

EC law applications

The Home Office have announced that they plan to impose all sorts of new requirements on European Community law applications for documentation proving the right to residence. I’ve copied the press release into the post below in case it vanishes ...

27th May 2009 By

Points Based System in trouble

There are reports that the Home Office just conceded a judicial review against the maintenance requirements under the Points Based System (PBS). This could be a very important development, and more posts (or comments, below) will follow as details bec ...

26th May 2009 By

Forced marriages and the new visa age

The Home Office recently increased the minimum age for both spouses to 21 if a foreign spouse is to enter the UK on a spouse visa. The same requirements apply to unmarried, same sex and civil partners. As discussed previously on this blog, the justifi ...

26th May 2009 By

Are the Gurkhas a special case?

In some ways it was heartening to read yesterday and this morning about the Government climbdown on the Gurkhas. There is a universal recognition of the injustice of the Government’s previous positions. Personally, though, I can’t help thi ...

22nd May 2009 By

Odelola dismissed

Odelola v SSHD has been dismissed in the House of Lords. The immigration rules that apply to a decision are those at the date of decision, not the date of the application. There is no presumption against retrospectivity. The Law Lords do not repeat Bu ...

20th May 2009 By

Fresh claims for asylum

I thought it was high time for a general advice post, as it’s been a while since the last one. This one is about fresh claims for asylum. A failed asylum seeker can apply for asylum again; this is referred to as a ‘fresh claim’. By & ...

20th May 2009 By

British citizens and refugee family reunion

In an unusual example of the Court of Appeal being less liberal than the Asylum and Immigration Tribunal, the AIT’s rather good decision in YS and YY (Paragraph 352D – British national sponsor former refugee) Ethiopia [2008] UKAIT 00093 w ...

6th May 2009 By

Certificates of Approval

Just a quick post to highlight the fact that charges are no longer made by the Home Office for Certificate of Approval applications. The other old requirements to get Certificates of Approval still apply and are covered in an old post on this blog. Th ...

22nd April 2009 By

No PO

There was an interesting article in The Telegraph last Saturday about immigration appeal hearings that go ahead with no Home Office Presenting Officer (HOPO or PO) present to defend the Home Office or Entry Clearance Officer position. I’m not qu ...

21st April 2009 By

Steve Cohen

I was very sad to hear that Steve Cohen has died. Some of the obituaries that have been published so far can be found here: Indymedia London Red Pepper Institute of Race Relations Steve Cohen was one of the legendary giants of immigration law. I neve ...

17th April 2009 By

Shifting goal posts

The Home Office do like to shift the goal posts. Sometimes this is because they lost another legal case and want to get around it, sometimes it appears to be for no reason at all and sometimes, just sometimes, it seems to be for clearly explained and ...

14th April 2009 By

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