All Articles: Children

The Administrative Court declared that a policy which does not give effect to section 55 of the Borders, Citizenship and Immigration Act 2009 is not lawful. The excellent Amanda Weston of Tooks Chambers for the Claimants and Joanne Rothwell of No 5 Chambers for the intervener, Coram Children’s Legal Centre...

18th June 2013
BY Ripon Akther

Fresh off the press is the Government’s Statement of Intent: Family Migration which proposes not just to change but to direct the way in which the UKBA and Courts decide Article 8 cases. FM has recently discussed whether it is legally permissible to do this but, for the time being...

13th June 2012
BY Iain Palmer

The UK Border Agency will start x-raying children again from 29 March 2012 in order to determine their age. This practice is highly controversial. The letter announcing the resumption of this procedure can be found here. This brings to mind another example of the application of false quasi-scientific ‘certainty’ to another unmeasurable:...

28th March 2012
BY Free Movement

The hotly anticipated (er, by EU law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was dismissed: dual nationals living in a country of their nationality who have never exercised free movement rights cannot rely on the Citizens’ Directive (2004/38) or...

5th May 2011
BY Colin Yeo

A slightly belated post to highlight another important decision of the Court of Appeal that will have relevance to both immigration and family law practitioners.  R (FZ) v London Borough of Croydon [2011] EWCA Civ 59 concerns age dispute assessments and has set further guidance on a) how procedurally speaking...

18th March 2011
BY Sarah Pinder

The host of the UK Human Rights Blog, 1 Crown Office Row, is a chambers that claims “23 Attorney-General’s Panel counsel in 2010”. Sadly, the 2nd February article Analysis: Children’s “best interests” and the problem of balance is a rather negative and sadly dismissive perspective on the subject of children’s...

4th February 2011
BY Syd Bolton

The routine detention of immigrant children by the last Government was a disgrace. Claimed changes to detention policy by the current incumbents and the recent case of R (on the application of Suppiah) v Secretary of State for the Home Department [2011] EWHC 2 (Admin) (11 January 2011) reveal just how...

14th January 2011
BY Free Movement

A new previously undisclosed UKBA policy on children has come to light, brought to you courtesy of the Freedom of Information Act and What Do They Know? The policy is entitled Children and Family Process Instruction and specifically relates to the Criminal Casework Directorate and deportation cases. However, it clearly...

26th March 2010
BY Free Movement

Just a quick warning to practitioners. There have been a small number of examples recently of UKBA granting five years’ status to children recognised as refugees on the basis of their membership of a particular social group based on their age, but in the letter accompanying the status papers warning...

23rd December 2009
BY Free Movement

Two more things on this topic. One, I’ve belatedly discovered that UKBA released a draft version of the research report covered previously on this blog. The final version is in fact a more polished piece of work. One can only assume that UKBA deliberately released the less polished version in...

21st October 2009
BY Free Movement

Back to this old chestnut. I’ve been doing a bit more work on the subject and thought I’d share a minor revelation I had while writing an article for one of the immigration law journals. I’ve also learned that there is a judicial review application on this to be heard...

1st October 2009
BY Free Movement

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 increasing the spouse visa age would be harmful to...

9th September 2009
BY Free Movement

Courtesy of the Freedom of Information Act, I can exclusively report (I’ve never written that before!) that the Home Office has finally released the full research report it commissioned into the issue of forced marriages and the spouse visa age. I have previously posted on the research summary that had...

5th September 2009
BY Free Movement

I noticed in the policy feed in the left panel on this blog that there was an item about the International Association of Refugee Law Judges (IARLJ). I clicked through and found some interesting papers have just been posted on their website from a conference in January 2009. I don’t know...

14th March 2009
BY Free Movement
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