Home Office missed potential Windrush victims because it wrongly branded them criminals

The Home Office has admitted that some potential victims of the Windrush scandal were not identified because they were incorrectly labelled as criminals. The failure to include these people in the review of how many members of the Windrush generation ...

15th November 2018 By

Draft Brexit deal finally published but may be dead on arrival

We do legal rather than political punditry on this blog, but the resignation this morning of two Cabinet ministers bodes ill for the chances of the draft Brexit deal being approved by parliament. Even before that, the negative reaction of Conservativ ...

15th November 2018 By

NHS to stop passing Home Office information about migrants

A controversial agreement for the NHS to pass information about hospitalised migrants to the immigration authorities has been shelved, campaigners say. The Migrants’ Right Network and Liberty announced today that a legal challenge to an agreeme ...

12th November 2018 By

No Channel ports have enough immigration and customs officers, inspector finds

The Independent Chief Inspector of Borders and Immigration, David Bolt has published a new report focusing on border controls at south coast seaports. Parts of the report make worrying reading in light of the increased demands on those ports after Bre ...

12th November 2018 By

Uproar over foreign criminals ducking bail puts electronic monitoring back on the agenda

There is widespread media coverage today of the number of foreign criminals that have disappeared while on immigration bail in the past few years. The Mirror gives a flavour: Killers and rapists among hundreds of foreign criminals lost by Home Office& ...

9th November 2018 By

“No room for artistic licence” in Tier 2 job descriptions

R (Liral Veget Training And Recruitment Ltd) v Secretary of State for the Home Department [2018] EWHC 2941 (Admin) was a challenge to the Home Office’s decision to revoke a company’s licence to sponsor non-EU citizens for work visas. It f ...

6th November 2018 By

Immigration minister throws settled status of EU citizens into confusion

Mass confusion following the immigration minister’s evidence (full transcript here) to the Home Affairs committee yesterday: this was a terrible appearance by Caroline Nokes @CommonsHomeAffs yesterday. Sajid Javid needs to go back as a matter o ...

31st October 2018 By

Survey of solicitors nominates “best immigration law firms”

The Times is getting in on the legal rankings game with a list of the top 200 solicitors’ firms as selected by lawyers themselves. The newspaper says that it worked with market research firm Statista to contact over 20,000 solicitors and ask the ...

30th October 2018 By

Unlocking Detention tour to “shine a spotlight” on immigration detention

A “virtual tour” of the immigration detention estate, which promises to shine a spotlight on the hidden world of immigration detention, launched last week and runs until 18 December. The Unlocking Detention campaign uses social media to b ...

29th October 2018 By

Appeal rights for extended family members: the saga continues

I’m at a conference on EU free movement law today, organised by the Immigration Law Practitioners’ Association. One of the many useful pieces of information I’ve picked up already is about rights of appeal for extended family members ...

24th October 2018 By

Home Office detains alleged rape victim for over a month even after approving her release

The Guardian has already reported this case as “Home Office ordered to pay damages to sex-trafficking victim”, but on Bailii it is simply R (ZV) v Secretary of State for the Home Department [2018] EWHC 2725 (Admin). The media attention is ...

23rd October 2018 By

Wanted: 40 immigration judges, salary £100,000+

The Judicial Appointments Commission is advertising for 41 new salaried judges to fill vacancies in the immigration and asylum chamber of the First-tier Tribunal. The salary is an attractive £108,171 (slightly more in London). The scale of this recr ...

22nd October 2018 By

Home Office concedes independent investigation into Brook House abuse

The Home Office has agreed to ask the independent Prisons and Probation Ombudsman (PPO) to carry out an investigation into the abuse of migrants held at Brook House detention centre. The decision has been described as a “major U-turn” by D ...

11th October 2018 By

NHS surcharge to double in December and new Immigration Rules changes published

Today the Home Office announced a new statement of changes to the Immigration Rules and confirmed that the Immigration Health Surcharge will go from £200 to £400 in December. A link to the full statement of changes is here and a summary of the chan ...

11th October 2018 By

Government “won’t have any idea” how many EU citizens lack immigration status after Brexit

The Home Office will have no idea how many EU residents are left undocumented by Brexit because it does not collect or release the necessary data, a leading immigration policy expert has warned. Madeleine Sumption said yesterday that the government ha ...

10th October 2018 By

Well-known immigration law firm Lupins closes its doors

Immigration law firm Lupins has ceased trading after getting into financial difficulties. The London firm, well known in the immigration sector, halted operations from 28 September and has handed over its client files to Duncan Lewis, which has also t ...

9th October 2018 By

Home Office suffers another legal reverse over treatment of refugee children

Charity Help Refugees, supported by the AIRE Centre, has partly succeeded in an appeal challenging the government’s implementation of the “Dubs amendment”. The amendment, which passed into law as section 67 of the Immigration Act 201 ...

3rd October 2018 By

Free Asylum Aid video resources

Our thanks to Debora Singer and the good people at Asylum Aid for permission to use one of their videos in our new online training course on the UK asylum process. From Us to You is a short series of tips for female asylum seekers facing a Home Office ...

3rd October 2018 By

Javid sounds tough note on citizenship in party conference speech

Sajid Javid delivered a speech today at the Conservative party conference that is likely to generate headlines for what he had to say on immigration, integration and citizenship. Upon closer inspection, there is less substance to these pronouncements ...

2nd October 2018 By

No refunds for EU settled status applications

A new list of fees for immigration and nationality applications comes into effect from 8 October. None of the existing fees have actually changed since April; the Home Office is just adding the charges for Appendix EU “settled status” app ...

20th September 2018 By

Migration Advisory Committee: scrap the cap on Tier 2 work visas after Brexit

The Migration Advisory Committee (MAC) has published its long-awaited research into migration from the EU and how it should be managed after Brexit. The report will disappoint advocates of a fairly liberal regime, recommending as it does that if there ...

18th September 2018 By

British immigration lawyers launch crowdfunding campaign to support Athens refugee clinic

Refugee Legal Support – Athens, a charitable project that sends volunteer immigration lawyers to Greece to give legal advice to refugees, has launched a crowdfunding campaign to fund its work. The project was set up last year with an initial gra ...

17th September 2018 By

Labour calls for “flexible” work visa system

Shadow Home Secretary Diane Abbott delivered a speech today on what Labour in government would do about immigration. It doesn’t do to get too excited about these pronouncements, because Labour is not in government, but here is a link to the full ...

13th September 2018 By

Latest immigration stats: Home Office now loses most appeals

This is a collection of statistics on the UK immigration system. The Office for National Statistics, Home Office and Courts & Tribunals Service publish regular quarterly data on the number of migrants coming to the UK, how immigration applications ...

13th September 2018 By

Refugee children to be granted “Calais leave”

The government has announced a new type of permission to remain in the UK for children resettled from the Calais refugee camp last year who would not otherwise qualify for asylum. So-called “Calais leave” will allow children brought over f ...

13th September 2018 By

Migration Advisory Committee recommends “tweaks” to Tier 4 student visa rules

Immigration lawyers helping sponsoring universities navigate the complexities of the Points Based System naturally have an economic interest in overseas students — but then so does the rest of the nation. That is the uncompromising conclusion of ...

11th September 2018 By

EU law can be used to challenge employment restrictions imposed during deportation proceedings

In May, Nick wrote about the important High Court decision in R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin), which threw a spanner in the works of the Home Office’s policy of automatic detention of foreign ...

11th September 2018 By

Fixing refugee family reunion system not a Home Office priority, inspector says

The government’s immigration inspector, like the rest of us, is a little fed up with Home Office spin. David Bolt published the results of an re-inspection of the refugee family reunion process today with the acid comment: Predictably, the Home ...

5th September 2018 By

Home Office reviewing decisions in all immigration appeals over 20 weeks old

Browsing LinkedIn the other day I came across this post by Jacqueline Victor-Mazeli, a barrister at Law Lane Chambers: Appeal hearings [at the First-tier Tribunal] are presently taking place an average of 12 months after decision. The passage of time ...

4th September 2018 By

Summer comes to an end with downpour of immigration research

There have been a quite a few reports, briefings and pieces of research on immigration released in the past week — too many to cover in the weekly newsletter, as I had intended. It is very much back-to-work reading rather than anything for the b ...

31st August 2018 By

EU citizens’ rights ignored in first batch of government “no deal” plans

The UK government has published a series of papers on what a “no deal Brexit” would look like but the crucial issue of EU citizens’ rights is not covered in the first batch. Earlier today the Brexit Secretary, Dominic Raab, launched ...

23rd August 2018 By

Home Office asks immigration lawyers for Windrush “lessons learned” as Javid apologises to victims

Immigration lawyers are among the groups being asked by the Home Office to submit evidence about what caused the Windrush scandal and what would prevent a repeat. In a “lessons learned” call for evidence issued on 20 August, the departm ...

22nd August 2018 By

When does bad immigration advice affect a human rights appeal?

We’ve three new Upper Tribunal decisions for you this week. Alex has written up one of them already and will cover another later in the week, lest readers be overwhelmed with too much excitement in one day. The third new case is called Mansur ...

21st August 2018 By

As easy as ABC: settled status applications from EU citizens may be processed alphabetically

The EU Settlement Scheme for registering Europeans who want to stay legally in the UK after Brexit will sign people up alphabetically, according to a news report today. “Multiple sources” have told the website Business Insider that under a ...

15th August 2018 By

Court of Justice ruling on the Returns Directive: English-language version out

A June decision by the Court of Justice of the European Union in case C‑181/16 Gnandi is now available in English. I am not sure whether it is of huge relevance to UK-based practitioners, as it concerns the Returns Directive, which does not apply i ...

9th August 2018 By

Home Office concedes that Irish citizens are settled in the UK

The Home Office has confirmed that Irish citizens living in the UK are considered “settled” for the purposes of immigration law. The department said that officials in individual cases who had denied that Irish citizens were settled as soon ...

8th August 2018 By

Court of Appeal reviews law on deportation cases involving EU derived rights of residence

Secretary of State for the Home Department v Robinson (Jamaica) [2018] EWCA Civ 85 was a deportation appeal decided earlier in the year. Unusually for an appeal judgment, we didn’t discuss it on Free Movement at the time. But Adam Pipe of No.8 ...

3rd August 2018 By

New guidance on costs awards against the Home Office could transform immigration appeals

In a highly significant development, the President of the First-tier Tribunal has issued a new guidance note on how migrants who win an appeal against the Home Office can seek legal costs from the department. The guidance envisages costs awards for & ...

1st August 2018 By

Home Office “misled” judge over Calais children, Court of Appeal finds

The Home Office has been found in serious breach of its duty to the court after submitting misleading evidence about how it handled the rescue of refugee children from the demolished Calais “jungle” camp. The judgment in R (Citizens UK) v ...

31st July 2018 By

Amended Home Office guidance on human rights appeals

Practitioners not au fait with February’s decision in Charles (human rights appeal: scope) Grenada [2018] UKUT 89 (IAC) may want to take a quick glance over it. The Home Office guidance on appeal rights has just been updated to include a page o ...

31st July 2018 By
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