August, September and October CPD quizzes now online

Free Movement Tier 1 Members can now take the update quizzes to claim CPD points for the August, September and October update podcasts: August 2015 immigration update September 2015 immigration update October 2015 immigration update Each quiz is worth 1 CPD. Non members can still listen to the podcasts but cannot claim accredited CPD for doing so. In other news, I recently updated the course on Article 8 and the Immigration Rules to include the latest case law and substantially re-vamped the refugee law course to include talking head key points videos. At the end of the year I’ll be removing access to the older update courses and I am…

4th December 2015 By Colin Yeo

Only 24 hours to go to solicitor CPD deadline! Over 40 hours of online training to chose from on Free Movement

  Only 24 hours to go to the solicitor deadline for 2015! Free Movement online immigration law CPD training is a convenient and cost effective way to meet your CPD requirements. There are over 40 hours of training to choose from and a whole year of access costs as little as £50 +VAT per person for groups of 10 or more. The courses are SRA compliant and accredited by the BSB and OISC. You also gain unrestricted access to paywall content and the Free Movement practitioner forums. Feedback is 99% “excellent” or “good” and you will be joining nearly 1,000 other active members. Why should I sign my firm up? Whether…

30th October 2015 By Colin Yeo

New April update and Appendix V: Visitors courses available

New update podcasts and CPD courses are now available for Free Movement Members as well as a short 1 CPD hour course and quiz on the new Visit Visa Applications: Appendix V. If you have any course requests, get in touch or leave a comment.

10th June 2015 By Colin Yeo

February update course now available

The February immigration update course is now available with a 10 question multiple choice quiz. For the full list of available CPD courses, including the new course on social media for lawyers, see the courses page. Available to Tier 1 members only: click here to find out about the current 50% discount offer for groups and the new SRA CPD scheme.

22nd April 2015 By Colin Yeo

New members only content added and January sale ends this Friday

The Free Movement January sale ends this Friday, 16 January 2015. New content has just been added for members, so sign up now to get access to over 30 CPD hours of invaluable training materials. Use code JANSALE to get 25% off individual membership and 50% off ebooks. The new content for members only is: A two CPD hour course on costs in immigration cases, including a 20 minute podcast interview between me and Jawaid Luqmani on recovering commercial rates in legally aided cases, the standard versus the indemnity basis for costs, costs negotiations and costs submissions. An advance version of the ebook on costs available for just £1 for…

13th January 2015 By Colin Yeo

Immigration law CPD training for barristers

The end of the CPD year is approaching for barristers. Rather inconveniently, if logically, it falls on 31 December 2014. I will be mainly unavailable from 24 December 2014 onwards. New sign ups will not be possible between then and the end of the year, and there will also be limited if any support available to existing users. I therefore strongly suggest that anyone who would like to sign up before the end of the year does so now, and that anyone who still needs CPD tucks in and gets it under their belt as soon as possible while I am available to iron out any problems. There are 27…

12th December 2014 By Colin Yeo

Immigration Act 2014 online training course

I have been working away at an online course on the Immigration Act 2014. It is now ready and members can take a look here. The materials include links to other resources, an easy way to compare the new and old appeal provisions, the amended versions of some of the key new provisions and worked examples of how the Act will affect people in practice. There is also a thread in the forum available for discussion, exchanging ideas or answering one another’s questions. The course is worth 2 CPD for lawyers and includes a final quiz of 20 questions. It is hard to emphasise how important it is that immigration lawyers…

24th June 2014 By Colin Yeo

CPD training available now on Free Movement

I’m pleased to announce that in conjunction with HJT Training, online CPD immigration law training is now available here on Free Movement. For an annual subscription of £199 plus VAT (or £50 per person for groups of 10 or more in the same firm or organisation) you can buy access to a growing vault of online courses, including monthly update courses based on Free Movement blog posts and the regular update podcast.

13th May 2014 By Colin Yeo

Urgent injunction training

Following the furore over immigration lawyers getting named and shamed in the High Court for their actual or alleged misdemeanours I thought it might be timely to arrange some training on urgent immigration injunction applications to prevent unlawful removals. Solicitor Jawaid Luqmani and barristers David Jones and Colin Yeo, all experienced in making this type of application, will be delivering a course on preparing and presenting injunction applications. The course is aimed at both solicitors and barristers and covers: the ethics of ex parte applications strategic considerations when dealing with the UK Border Agency in the run up to a removal UKBA policy on judicial review and deferring removal the particular problems around charter flights…

14th February 2013 By Free Movement

Skills workshop

Just a quick one to flag up that HJT Training is running a series of skills workshops with the excellent and inspiring Julian Bild as the trainer. Julian, formerly of RLC, Wilson and Co, Tyrer Roxburgh and IAS, has trained countless immigration lawyers in the last few years. I used to work with him and I learned a great deal in that time. He is testing the water to see if there is demand for skills training. The series is aimed particularly at OISC advisers. The first in the series is on taking initial instructions and client care on Wednesday 23 November in central London. Click here to book and…

19th November 2011 By Free Movement

Watch out old work permit holders…

Back on 6 April 2011 the UK Border Agency made a change to the settlement rules for work permit holders who had entered the UK before the Points Based System was introduced. The change required a work permit holder to be paid a certain salary in order to qualify for settlement, or Indefinite Leave to Remain. The salary required is that specified in the myriad Codes of Practice for Tier 2 of the Points Based System. The problem since faced by many work permit holder seeking settlement after five years of living and working in the UK is that their work permit was approved for one salary, which is what…

2nd November 2011 By Free Movement

Turf war’s genesis

Pierce Glynn and Stephen Knaffler QC have broadened the path (pun intended*) with SL and Westminster City Council (The Medical Foundation and Mind intervening) [2011] EWCA Civ 954. The case concerns a failed asylum seeker who, following a period as street homeless and a suicide attempt, was admitted to hospital for several months as a voluntary psychiatric patient. Westminster Social Services assessed that on discharge he would need various services including weekly meetings with his social worker, the support of a “befriender” and counselling services from gay support groups but that this did not amount to “care and attention” and so there was no duty to accommodate him under s.21 of the National…

16th August 2011 By David Rhys Jones

Deaths in detention centres

The news coverage over the weekend reporting on the very recent deaths of three men in detention centres is yet another reminder that the system is, in my view, truly abhorrent. The Guardian reported that two men died from suspected heart attacks at Colnbrook near Heathrow airport.  One of the men is Muhammad Shukat, who was 47 years old and of Pakistani nationality.  He died on 2 July.  The article reports that there was some considerable delay between the time that Muhammad Shukat collapsed at 6am and when his roommate raised the alarm and the time when an ambulance was actually called at 7.20am.  A post-mortem found the provisional cause of…

10th August 2011 By Sarah Pinder

Claim CPD hours through the blog

It is now possible to claim CPD (Continuing Professional Development) points through the blog, in conjunction with HJT Training. The poll a couple of weeks ago suggested that there is a reasonable level of interest in this, so we’ve put together two test tests, so to speak. The idea is that you can pay for and download a multiple choice test covering specific date range on the blog and then have a go at answering the questions. If you have been reading the blog and the material has stuck, this should be a nice easy way to claim CPD. The introductory test price is £25 for 1 CPD point. Blog posts…

3rd August 2011 By Free Movement

New bail guidance and AVID Handbook

I have started to think about the Herculean (perhaps Sisyphean a better analogy? – ed.) task of updating the HJT Immigration Manual, something I do at least once per year. This year there is a LOT to change, and I’m not looking forward to it, I have to say. This blog is helpful in flagging up all or most of the changes that need to be included, but I have realised that there are a few things that slipped under my radar for one reason or another. One of these, and quite an important one, is the new bail guidance that was issued by the new President of the Immigration and…

2nd August 2011 By Free Movement

More tribunal decisions

Another series of edictsreported cases has been handed down by the Upper Tribunal. Official headnotes and links to the BAILII judgments are included below. I’ve also thrown in another couple of cases that slipped out since the last big batch. We have two Country Guideline cases. The first, ST,  is on Eritrean/Ethiopian nationality issues and deprivation of nationality as persecution. The second is MT, a profoundly important case for Ahmadis from Pakistan that finally updates country guidance to reflect the Supreme Court judgments in HJ. In short, if an Ahmadi would behave discreetly in order to avoid persecution, for example by only proselytising to perceived safe individuals, then he or…

18th July 2011 By Free Movement

Consultation on family migration: Tories to reintroduce ‘primary purpose’ rule

The Government yesterday launched another consultation on restricting immigration, this time family immigration. The splash on the UKBA website is here, the Ministerial statement here, the consultation document here and the accompanying research paper, Family migration: evidence and analysis, here. The affected categories are fiancé(e)s, proposed civil partners, spouses, civil partners, unmarried or same-sex partners, dependent children and adult and elderly dependent relatives. The key proposals are as follows: defining more clearly what constitutes a genuine and continuing marriage, “to help identify sham and forced marriages”, for example requiring that the couple understand a common language, have been in a relationship for at least 12 months, can provide ‘accurate personal details about each other’…

14th July 2011 By Free Movement

CPD hours through Free Movement

Free Movement is planning to launch a scheme to allow regular readers who are barristers, solicitors or OISC advisers to claim some CPD hours by reading the blog and then answering multiple choice questions. This would be done in conjunction with HJT Training, of which the editor is a director. There would be a fee, which would be £25 per hour initially. Ten questions would need to be answered in order to claim one CPD hour (to show you have done the reading and assimilating, basically) and each test would specify the date range of blog articles covered. We are planning a test run in the next few days, but…

14th July 2011 By Free Movement

Critical HM Inspector of Prisons reports published

HM Inspectorate of Prisons yesterday published two reports based on unannounced inspections of the short term immigration holding facilities at Heathrow Terminals 3 and 4 (Terminal 3 report here and Terminal 4 report here). The reports are broadly positive and on the whole the detention facility staff come out of the reports quite well. However, the reports are very seriously marred by one awful incident that occurred during the inspection of Terminal 4: A European Union national child was detained without the necessary authority (IS91). The father was a non-EU national who had lived in the UK and was returning following a visit to his country of origin. The immigration…

7th July 2011 By Free Movement

Batch of new tribunal decisions

The legal luggage carousel of the tribunal’s reporting committee has deposited a large batch of new cases in the arrivals hall of BAILII. Some of these cases are interesting, others perhaps a little less so. The more interesting include a couple of cases on the availability of funds in Tier 4 of the Points Based System, the first domestic judicial comment on Zambrano, from El Presidente himself (full post possibly to follow on that case), an interesting analysis of the use of savings to ‘top up’ income for the purposes of maintenance and accommodation and actual and perceived lesbians in Jamaica. I’ll list them in reverse order (earliest first) with…

30th June 2011 By Free Movement

Strasbourg allows Somali test case

The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a major judgment on return to Somalia and the conditions there. The press release can be found here and the judgment here (Word version here, BAILII version here). In summary, the Court holds that conditions in Mogadishu breach Article 3 for virtually everyone, although there might conceivably be some people with high level connections that would be safe (para 250). For most, and certainly for those who have been outside Somalia for a long time, return to Mogadishu is therefore unsafe. The Court also finds that it…

28th June 2011 By Free Movement

More on breach of asylum confidentiality

Further to Shivani’s last post on this, the numbers facing removal on the charter flight to Sri Lanka are lower than originally thought, although it still constitutes a mass removal. Evidence of other breaches of confidentiality in Sri Lankan asylum cases is emerging. These could be isolated mistakes or there could be another explanation. It certainly seems to be the case that the Sri Lankan High Commission is very interested in Tamil returnees from the United Kingdom. Channel 4 is showing a film on war crimes in the Sri Lankan conflict, Sri Lanka’s Killing Fields, tonight at 11.05pm. I’m told there will be an interview with one of the UK detainees (see…

14th June 2011 By Shivani Jegarajah

Breach of confidentiality in Sri Lankan asylum return

An investigation is required as a matter of extreme urgency into an accepted breach of confidentiality in respect of the case of a Sri Lankan Tamil woman detained by the UKBA and pending removal to Sri Lanka on 16 June 2011. It is important to stress that UKBA do not dispute that the breach has occurred as described below. The woman in question [XT] had an appeal determined on the 29th December 2010. The Immigration Judge had found her claim to be lacking in credibility. Consequently enforcement action has been initiated along with action against other failed asylum seekers. Sources say as many as 80-100 are due to be placed…

10th June 2011 By Shivani Jegarajah

Lives in the balance

Last weekend I finally read the Refugee Council report Lives in the Balance: The quality of immigration legal advice given to separated children seeking asylum. It is a short, sharp, very depressing but absolutely essential read for any solicitors, OISC advisers or barristers representing separated children in the asylum process. There are some stark findings. For example, it is estimated that there are currently fewer than 20 individual lawyers in London who are able to provide the desired standard of service to children and the figure is significantly lower in other areas of England. The report also reveals that standards of representation not only vary hugely between different firms but also within…

2nd June 2011 By Free Movement

Legacy cases criteria

Not much to report on this one, just that I tried a Freedom of Information request on the criteria for deciding Legacy cases and get a non-answer back in return. The request was refused to begin with but that decision was overturned on appeal. The information gleaned is already more or less in the public domain, however: apparently Immigration Rule 395C is simply applied, in combination with some of the deportation rules, such as paragraph 367. Paragraph 395C reads as follows: 395C. Before a decision to remove under section 10 is given, regard will be had to all the relevant factors known to the Secretary of State including: (i) age;…

1st June 2011 By Free Movement

Secret race discrimination

In an earlier post I highlighted the new Ministerial Authorisation permitting race discrimination by immigration officials. This followed on from the exposure of discrimination against Pakistanis purely on the basis of their nationality by the Chief Inspector of UKBA. At that time I asked whether anyone else had been able to find the list of countries referred to in the authorisation itself. I received no positive replies, and it transpires that in fact the list is a secret list which will not be disclosed, even in response to a Freedom of Information request. The justification for non publication is as follows (source): “The public interest in favour of disclosure under…

31st May 2011 By Free Movement

Shepherd Masimba Kambadzi v Secretary of State for the Home Department [2011] UKSC 23

The Supreme Court yesterday handed down judgment in the case of Shepherd Masimba Kambadzi v SSHD [2011] UKSC 23, in the Court of Appeal known as SK (Zimbabwe) v SSHD [2008] EWCA Civ 1204. For reference, the original High Court judgment by Mr Justice Munby, as he then was, can be found here and the Supreme Court press release and summary can be found here. The background to the case arose from the foreign national deportation scandal in 2006. Lord Hope quotes the prescient words of Chris Mullin, then a member of the Government: “Illegal migrants and paedophiles, a toxic mix. The tabloids will go bananas.” The tabloids did indeed go bananas, as might be expected. Unfortunately,…

26th May 2011 By Free Movement

Working with Refugee Children: Current Issues in Best Practice

Quick plug for a new publication from the Immigration Law Practitioners Association, to which I contributed a chapter. It is called Working with Refugee Children: Current Issues in Best Practice and can be downloaded for free from the ILPA website or requested from ILPA in hard copy. The launch was last Friday and was a very interesting affair. It was a real privilege to share a platform with a young person who had himself been through the appeals process, who had strong views about it and who was able to express himself so well. I learned a great deal from the experience. I think ILPA would probably want me to…

24th May 2011 By Free Movement

Correction to earlier shared burden post

My post on Friday about the Amos case may have been a little o’er hasty. The excellent Manjit Gill QC, who was Leading Counsel for the claimant in Amos, has sent in a correction by email, the relevant part of which is as below (reproduced with kind permission): “Please note the judgment is carefully framed to leave the arguments on whether the SSHD should or should not assist in the particular cases to be further ventilated in the Tribunal on remittal. It simply makes the point that the burden lies on the claimant and that the SSHD is not bound to assist i.e. the question of assistance is not an…

22nd May 2011 By Free Movement

Shared burden in European cases

Quick heads up for an interesting post by Mark Symes on the HJT Training blog. In the recent case of Amos v Secretary of State for the Home Department [2011] EWCA Civ 552 (12 May 2011) the Court of Appeal rejected the argument that there is a shared burden between the claimant and the UK Border Agency in establishing whether the claimant has retained rights of residence under European law since the breakdown in a relationship. This is a really difficult issue, and one that Mark will be discussing in the upcoming London and Birmingham training course plugged in his blog post (and now here as well!). My tuppence worth…

20th May 2011 By Free Movement

‘Unnecessary’ appeals to end

I’m full of good news today! The rumours were true and section 19 of the UK Borders Act 2007 is being brought into force as of 23 May 2011. It makes most Points Based System appeals, er, pointless. There’s a news item on the UKBA website and Damian Green had this to say about it: “Section 19 of the UK Borders Act 2007 will come into force on 23 May 2011. Section 19 restricts the evidence an appellant can rely on at such an appeal to that which is submitted to and considered by the UK Border Agency in support of an application. Reforming the immigration system and reducing the…

19th May 2011 By Free Movement

14 year rule for the chop?

It looks like the 14 year rule may be for the chop. See this question and answer from Prime Ministers Questions yesterday: Mr Hollobone: … Under rules introduced in 2003, illegal migrants who manage to avoid the authorities for 14 years can apply for permanent stay, have full access to the welfare system and even obtain a British passport. Given that in the past eight years nearly 10,000 such migrants have won such rights, and with an estimated half a million illegal immigrants in Britain today, will the Prime Minister seek to change those rules and restore some sanity to Britain’s border controls? The Prime Minister: My hon. Friend makes an important…

19th May 2011 By Free Movement

Fees for immigration appeals from October

The Ministry of Justice has confirmed that fees will be charged for lodging appeals in the immigration tribunal from October 2011. There is no summary and the important details are spread out all over the place, meaning the document requires careful and close reading to comprehend. Frankly, it is not well written or set out, and there is at least one odd contradiction. As ever at your service, I’ve saved you the bother: Fees to be set at £80 for paper hearings and £140 for oral hearings to begin with, but with increases likely, starting with the managed migration and settlement appeals No fees to be charged in the Upper…

17th May 2011 By Free Movement

Treatment of rape, trauma and delay in asylum cases

Ever since the mysterious disappearance of the IAA Gender Guidelines from the old IAA website, there has been an absence of good guidance to immigration judges on gender issues in an immigration context. The Equal Treatment Benchbook has a very good chapter on women and equality generally but it does not deal specifically with the unusual issues that arise in, for example, forced marriage, trafficking, Refugee Convention or human rights cases in the immigration tribunal. I’ve also got no idea how well thumbed this is by most immigration judges. The material in the old IAA Gender Guidelines was considered by many to include some useful, specific and well thought through…

13th May 2011 By Free Movement

New report on medico-legal reports

The Medical Foundation for the Care of Victims of Torture (shortly to become Freedom From Torture, is launching a very interesting sounding new report entitled Body of evidence: treatment of medico-legal reports for survivors of torture in the UK asylum system. The launch event is on 24 May 2011 at 6pm at Garden Court Chambers. If you would like to go you need to RSVP as spaces are limited. Details as follows: The introduction of the report will be followed by a panel-led discussionof the key findings and recommendations for future practice. The panel comprises: Keith Best, Chief Executive of the Medical Foundation A senior member of the Tribunal (Asylum and Immigration Chambers)…

12th May 2011 By Free Movement

Disclosure from family proceedings

A very good solicitor I know nearly came a cropper on this the other day, so I thought I would post up some advice on the subject. I suspect quite a few immigration lawyers are not really familiar with the issues around disclosure. Given the increasing importance attached to family life and the best interests of children in case law, I hope this will be of assistance. Basically, any documents prepared for the purposes of or any information relating to family proceedings relating to children is strictly confidential and cannot be disclosed to another party without committing contempt of court. Sarah Harman was famously suspended for breaching the predecessor to…

28th April 2011 By Free Movement

Certificates of Approval abolished

Finally one piece of good news to share: the Certificate of Approval (COA) scheme has been abolished and will no  longer be in place from 9th May 2011.  This was announced on the UKBA website on 7th April 2011 and is very welcome indeed.  Of course, the announcement is slightly dampened by the fact that it took nearly 3 years for this to happen following the House of Lords judgment in Baiai (30th July 2008), which ended MORE THAN 5 YEARS of litigation with the Secretary of State losing all the way (see here for previous relevant posts). The COA scheme required persons, who were subject to immigration control, did…

26th April 2011 By Sarah Pinder

All criminal convictions to act as bar to settlement from today

I have had to redraft this post, which had been intended to be a good news story about a positive development at the UK Border Agency and which I had scheduled for Monday morning. A nice start to the week, thought I. However, late last week it transpired that the Home Office gives with one hand but very much takes away with another, as we will see in a moment. For now, the original text of this post: Some good news, for a change: the long running campaign to end the ‘no recourse to public funds’ limitation for victims of domestic violence seems to have succeeded. All credit to the…

6th April 2011 By Free Movement

New cases

A raft of cases has come out in the last week or so, so it is high time for a round up. I’ll start with two cases from the Court of Appeal followed by the headnotes from a series of mundane tribunal determinations. One wonders why some of these get reported but other more interesting determinations of more general application do not. I’ve been meaning to draft a post on this subject and this may spur me on. Lee v Secretary of State for the Home Department [2011] EWCA Civ 348 provides a timely reminder that family life and the interests of children do not trump all other considerations. Or,…

4th April 2011 By Free Movement

Lumba: Pyrrhic victory?

In the case of Lumba v Secretary of State for the Home Department [2011] UKSC 12 the Supreme Court has held that it was unlawful to detain foreign prisoners under a secret policy which was the precise reverse of the publicly declared policy. However, the Court declined to award any more than nominal damages. The Claimants walk away with a total of £1 apiece. Essentially, the Court holds that because the Claimants would have been detained anyway the unlawfulness is more or less irrelevant and no compensation is due. Remember, this is detention that was against the law, that was not been properly authorised and which was justified by deliberately…

1st April 2011 By Free Movement