Rule 35 torture reports kept from lawyers, government analysis suggests

The legal representatives of immigration detainees who claimed to have been tortured or who may otherwise be unsuitable for detention were not given copies of their medical records, internal Home Office analysis shows. This was contrary to the depart ...

16th November 2017 By

Inspection finds improvements at Yarl’s Wood but no clean bill of health

There have been “significant improvements” at Yarl’s Wood immigration removal centre, according to the latest report by the independent Chief Inspector of Prisons. Peter Clarke nevertheless documents “ongoing concerns” ab ...

15th November 2017 By

Northern Irish tribunal finds against Home Office on dual nationality

A woman from Northern Ireland who refuses to identify as British in order to facilitate her husband’s immigration application has succeeded in her First-tier Tribunal challenge against the refusal of a residence card. The Home Office had told Em ...

15th November 2017 By

EU countries accused of criminalising humanitarian help for migrants

Laws designed to combat trafficking are being misused to target those giving humanitarian assistance to migrants trying to reach the EU, the Institute for Race Relations says. A new report by the think tank finds that criminal laws are being used to p ...

14th November 2017 By

In case you missed it: the week in immigration news

Free Movement’s pick of the past week’s media reporting on immigration and asylum. The government’s technical note on settled status for EU citizens was widely reported, with the right-wing press focusing on proposed criminal record checks ...

13th November 2017 By

My Boy Jack by Rudyard Kipling

“Have you news of my boy Jack?” Not this tide. “When d’you think that he’ll come back?” Not with this wind blowing, and this tide. “Has any one else had word of him?” Not this tide. For what is sunk will ...

11th November 2017 By

Barrister becomes new trafficking minister

There has apparently been politics happening in the past few days, leading to a mini-reshuffle of government ministers. Priti Patel’s humiliation is Sarah Newton’s promotion: the Home Office’s most junior minister moves to the Depart ...

9th November 2017 By

Donations sought to stop NHS giving patient data to Home Office

The Migrants’ Rights Network is crowdfunding for a legal challenge to stop the NHS becoming more involved in immigration enforcement. A data-sharing agreement with NHS Digital will allow the Home Office to access previously confidential informa ...

9th November 2017 By

Khan case: Sala overturned in the Court of Appeal

In Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC), the Upper Tribunal held that there was no right of appeal against a decision by the Home Office to refuse a residence card to the extended family member of an EEA citizen. The Court o ...

9th November 2017 By

Tribunal judge publicly criticises Home Office presenting officers

A judge of the First-tier Tribunal has reportedly said that some Home Office presenting officers appearing before him are “worse than useless”. Judge Nicholas Easterman, who became an immigration judge in 2003, told a Bar Council event las ...

8th November 2017 By

Government publishes details on settled status for EU citizens

The government has put a little flesh on its promise that EU citizens living in the UK will be able to apply for settled status in a way that is “new”, “streamlined” and “low cost”. A “technical note” &# ...

7th November 2017 By

Where to find official guidance on immigration bail and detention

Practitioners may be wondering where on earth the Home Office guidance on bail and detention has got to. It used to be housed in a section of the Home Office website entitled “Chapters 46 to 62: detention and removals“. But as visitors to ...

6th November 2017 By

Immigration appeal waiting times rise 13%, now take a year on average

The average immigration appeal takes almost 12 months to be resolved, up 13% on the same period last year. This is despite the fact that less than half as many people now have the chance to challenge Home Office decisions. The number of appeals handle ...

6th November 2017 By

In case you missed it: the week in immigration news

Free Movement’s pick of the past week’s media reporting on immigration and asylum. There has been renewed excitement about the notion of associate EU citizenship for UK nationals after David Davis said that he would “look seriously” at ...

6th November 2017 By

Spoons backs citizens’ rights

It’s beer o’clock, and if you’re in a JD Wetherspoon establishment this evening you may see a beer mat with this intoxicating sentiment: The UK should unilaterally and immediately grant full rights of citizenship to legal EU immigran ...

3rd November 2017 By

Home Office responds to committee report, 15 months later

The government has responded to a report by MPs on the work of the Immigration Directorates – a mere 456 days after the report came out. When Home Affairs Select Committee began its enquiry, Brexit had not yet happened. It published its report ...

3rd November 2017 By

Hostile environment backfiring on the Home Office, Chief Inspector finds

The hostile environment policy is making it more difficult for the Home Office to keep track of foreign national offenders and could even push up crime, the Independent Chief Inspector of Borders and Immigration has said. David Bolt’s inspection ...

2nd November 2017 By

Help Refugees loses Dubs amendment case, will appeal

Help Refugees has lost its challenge to the Home Office’s delay in relocating child refugees under section 67 of the Immigration Act 2016. The decision in R (on the application of Help Refugees Limited) v Secretary of State for the Home Departme ...

2nd November 2017 By

New community sponsorship funding announced

£1 million in Home Office funding is now available to help with community sponsorship of refugees. The department says that The fund is for the community sponsorship scheme which enables community groups to take on the rewarding role of welcoming and ...

1st November 2017 By

What to do if the Home Office closes your current account

Measures requiring banks to check on the immigration status of existing account holders come into force today. To celebrate, the Home Office has published some brief guidance for those who, as “disqualified persons”, find their current acc ...

30th October 2017 By

In case you missed it: the week in immigration news

Free Movement’s pick of the past week’s media reporting on immigration and asylum. The Home Office has begun telling EU citizens to get out, writing to a man in immigration detention to suggest “you could avoid becoming destitute by returni ...

30th October 2017 By

“Madness, despair and horror” at Halloween

With Halloween approaching, a refugee charity is combining spooky tales with support for free movement. The Dead Poets Live event in London on Saturday 28 October promises “the most terrifying poems ever written”, read by a collection of w ...

26th October 2017 By

How not to serve a curtailment letter

The Upper Tribunal has granted an application for judicial review in a case concerning service of a curtailment letter, holding that: (i) The effect of Article 8ZA of the Immigration (Leave to Enter and Remain) Order 2000 (SI No. 2000/1161), conside ...

25th October 2017 By

Home Office relief for stroke victim family

Last week, we discussed the case of the Waterman family. Simon Waterman, a British citizen, had suffered a life-altering stroke, but the needs of Mr Waterman and his two children did not to the Home Office constitute “exceptional circumstances&# ...

23rd October 2017 By

Curtailment letters can be sent to an overseas address

The Upper Tribunal, in a case concerning service of a curtailment letter to an address in Bangladesh, has held that: (i) Where the Secretary of State relies on a curtailment notice as having been deemed to have been given by being placed “on fil ...

23rd October 2017 By

In case you missed it: the week in immigration news

Free Movement’s pick of the past week’s media reporting on immigration and asylum. Last week saw a flurry of Brexit business. Theresa May wrote an open letter to EU citizens living in the UK in a less than convincing attempt to reassure (Huffingto ...

23rd October 2017 By

Changes to National Referral Mechanism for trafficking victims

The government has announced changes to the National Referral Mechanism, the official framework for identifying those who have been trafficked or enslaved. The Modern Slavery Taskforce announced the first three of what are to be a serious of improveme ...

20th October 2017 By

Home Office: a stroke is not “exceptional circumstances”

An ex-soldier who struggles to walk, speak or perform basic household tasks following a stroke has been told that he must look after his children without their Philippine national mother because these do not constitute “exceptional circumstances ...

20th October 2017 By

Theresa May’s open letter: what she said and what she meant

As I travel to Brussels today, I know that many people will be looking to us – the leaders of the 28 nations in the European Union – to demonstrate we are putting people first. I have a firm grasp of the technical detail. I have been clear th ...

19th October 2017 By

“Good deeds” immigration lawyer struck off over judicial reviews

An immigration lawyer praised for his “good deeds” among the Chinese community has been struck off by the Solicitors Disciplinary Tribunal. Vay Sui Ip, a partner at Manchester firm Sandbrook Solicitors, was prosecuted by the Solicitors Reg ...

17th October 2017 By

ILPA funding available for strategic litigation

Grants of up to £30,000 are now available through the Immigration Law Practitioners’ Association to promote the rights of vulnerable migrant children and young adults. ILPA has relaunched the Strategic Legal Fund for Vulnerable Young Migrants. ...

17th October 2017 By

In case you missed it: the week in immigration news

Free Movement’s pick of the past week’s media reporting on immigration and asylum. The fallout from now-notorious Home Office deportation letters, sent in error to EU citizens over the summer, continued last week as the government agreed t ...

16th October 2017 By

ILPA annual free movement seminar: report

What can immigration lawyers do when immigration law is uncertain? This was not, admittedly, the advertised theme of the Immigration Law Practitioners’ Association annual seminar on free movement, which took place on 4 October. But the enervatin ...

12th October 2017 By

High Court defeat for Home Office over torture policy

The Home Office has lost a judicial review over its controversial change to the definition of torture in a claim brought by unlawfully detained torture victims. The judgment is in the case of Medical Justice & Ors v Secretary of State for the Hom ...

10th October 2017 By

Garden Court barristers uncover immigration check “racial profiling”

Two immigration law practitioners, Chris Williams and Nicola Braganza, made headlines today for their part in an investigation highlighting “racial profiling” in UK immigration checks. The pair, both Garden Court tenants, worked with the ...

9th October 2017 By

Home Office in breach of law over permanent residence waiting times

The Home Office has broken the law by failing to publish the waiting times faced by EU citizens trying to get residence documents. The Information Commissioner ruled that Amber Rudd’s department is in breach of the Freedom of Information Act, ha ...

2nd October 2017 By

Citizens’ rights: update after fourth round of Brexit negotiations

The fourth round of Brexit negotiations are over, with some signs of progress on the future status of EU citizens living in the UK. At the end of August, the EU-UK joint comparison of negotiating positions on citizens’ rights showed some 30 iss ...

28th September 2017 By

Immigration judge “wholly failing to meet standards”, Upper Tribunal finds

Three judges of the Upper Tribunal have examined 13 separate decisions of the same First-tier Tribunal judge and found them “wholly failing to meet the standards that are demanded by the office of a judge and expected by the parties”. The ...

27th September 2017 By

Home Office offers dubious assurances on fingerprints and ID cards for EU citizens

Campaign group the3million has issued a statement on the latest plans for settled status following a meeting with the Home Office. Some clarifications were made during a meeting between the Home Office and the3million regarding some false informatio ...

26th September 2017 By

What does Theresa May’s Florence speech mean for EU citizens?

Theresa May exercised her free movement rights with a trip to Florence on Friday to deliver a much-anticipated speech on Brexit. Conciliatory in tone and significant on the question of the ‘divorce bill’, the Prime Minister’s commen ...

26th September 2017 By