All Articles

Proxy marriages

The Tribunal have just issued a determination holding that proxy marriages in Brazil must be recognised in English law. The case is called CB (Validity of marriage: proxy marriage) Brazil [2008] UKAIT 00080. There seem to be a lot of these Brazilian ...

30th October 2008 By

Expert apology

There has been a fascinating little story unfolding around a case called SD (expert evidence) Lebanon [2008] UKAIT 00078. The Guardian picked up the story and ran an article on it on Monday. Dr Alan George is a respected academic and a specialist in ...

29th October 2008 By

Landmark case on children

In the case of EM (Lebanon) v SSHD [2008] UKHL 64 the House of Lords looked at Article 8 again (having done so earlier this year as well) and delivered another landmark judgment. It is believed to be the first time in European legal history that a hi ...

28th October 2008 By

Third party support

[UPDATE: case overturned by Supreme Court] In a case called AM (Ethiopia) & Ors v Entry Clearance Officer [2008] EWCA Civ 1082 the Court of Appeal has just upheld the Asylum and Immigration Tribunal’s approach to the question of what lawye ...

21st October 2008 By

Visitor proliferation

The new Immigration Minister, Phil Woolas, yesterday announced the announcement of new rules for visitors. Spot the deliberate tautology? The Home Office seems to have improved the amount of warning it now gives us when making planned changes to the r ...

17th October 2008 By

COIS to revert to CIPU

The Country of Origin Information Service (COIS) at the Home Office is the successor to the generally derided Country Information and Policy Unit (CIPU). CIPU reports were poorly researched and outright biased against asylum seekers, although many i ...

16th October 2008 By

The penny drops

UPDATE: It would seem that Mark Ockelton has been sitting in the Administrative Court as a deputy high court judge and has not been promoted to the High Court bench. — A while ago I posted some gossip I had heard at the end of the summer: that M ...

14th October 2008 By

Metock rejected by Tribunal

Further to my last post on this subject, it turns out that my surprise was entirely justified, as a different and more senior panel of the tribunal has decided, basically, that Metock changes nothing and it should be business as usual. The case is SM ...

12th October 2008 By

Fee cheque bounces

Since the introduction of fees for immigration applications in 2003, the Home Office has become fanatical about collection of these fees. If the fee isn’t included with the application, no application is considered to have been made, so your lea ...

9th October 2008 By

RLC office now a wine bar

In the selfless pursuit of immigration-related gossip and news, last Friday I went along to a gathering at a wine bar that was formerly the office of the Refugee Legal Centre. The surroundings have been somewhat improved since the RLC days, it turne ...

8th October 2008 By

Here we go again

So, Phil “Muslims are Inbred” Woolas (left) is the new immigration minister, and Liam “Dessicated Calculated Machine” Byrne is out (and up). Woolas didn’t waste time before playing the populist, and immediately announced ...

7th October 2008 By

Students who switch courses

I’ve just come across another good case from the Court of Appeal that came out over the summer while I was away: the fantastically named GOO and Others [2008] EWCA Civ 747. It is yet another example of a long and tarnished line of tribunal cas ...

29th September 2008 By

New policy in old ELR cases

I tried, but I just couldn’t think of a good title for this post. This is a follow up to an earlier post about some secret Home Office policies, some of which have now been published. A week or so ago, the Home Office published one of these prev ...

24th September 2008 By

Metock accepted by tribunal

It should not be a shock that the Asylum and Immigration Tribunal have in a case called HB (Algeria) just accepted the European Court of Justice decision in Metock. UK courts and tribunals are required to accept the ECJ’s judgments on the inter ...

23rd September 2008 By

A few changes to the blog

I’ve decided to make a few changes to the blog, which I hope are improvements. Comments from regular readers most welcome. Incidentally, I checked Feedburner recently and was surprised to see there are 62 of you out there who subscribe by email. ...

22nd September 2008 By

Bail success rates

Bail for Immigration Detainees recently obtained statistics from the Ministry of Justice on the number of bail applications that are made at different hearing centres, and the outcomes of those hearings. There is quite a disparity in outcomes. For exa ...

19th September 2008 By

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

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