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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

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

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