April 2019 immigration update podcast

Welcome to the April 2019 edition of the Free Movement immigration update podcast. This month we start with a big Court of Appeal decision on “paragraph 322(5)” tax cases and the state of play on the new business visas. There’s just ...

20th May 2019 By

Refugees can lawfully be deprived of status under EU law

The Court of Justice of the European Union has decided in joined cases C‑391/16, C‑77/17 and C‑78/17 M, X and X that recognised refugees who commit serious crimes can be lawfully deprived of their refugee status under EU law and that there is no ...

17th May 2019 By

Court of Appeal overturns decision to prosecute victim of trafficking

The Court of Appeal has given judgment in two linked cases involving victims of trafficking prosecuted in the UK for offences linked to their trafficking: N v R [2019] EWCA Crim 752. In one of the cases, involving a young Vietnamese man prosecuted fo ...

14th May 2019 By

Refugee to be deported to Somalia after 30 years in UK following robbery conviction

The Court of Appeal has upheld the deportation of a refugee known only as AM who entered the UK in 1987 aged 11. Having grown up and been educated in the UK, AM held several jobs at different times, had been married and had three estranged British chi ...

9th May 2019 By

March 2019 immigration update podcast

Welcome to the March 2019 edition of the Free Movement immigration update podcast. This month we start with a couple of High Court victories by NGOs before turning to some significant developments in business immigration. There’s also been some ...

12th April 2019 By

EU citizens cannot rely on human rights in appeals against refusals

In Munday (EEA decision: grounds of appeal) [2019] UKUT 91 (IAC) the tribunal has reiterated that in appeals against EU residence decisions, the appellant cannot rely on human rights arguments, only on EU law arguments. The official headnote: 1. In an ...

3rd April 2019 By

Gay men from Albania can relocate to capital Tirana says tribunal

In the new country guidance case of BF (Tirana – gay men) Albania (CG) [2019] UKUT 93 (IAC) the Upper Tribunal has found that there may well be a risk of persecution for gay men from Albania outside the capital, Tirana, but that they can neverth ...

3rd April 2019 By

Settled Status Handbook: Applying to the EU Settlement Scheme

We have launched a new ebook this week to add to our collection: the Settled Status Handbook on applying to the EU Settlement Scheme for EU citizens and family members. It is jointly edited by me and CJ and draws on work by Nath Gbikpi, Iain Halliday ...

2nd April 2019 By

What is the OISC?

The OISC, or the Office of the Immigration Services Commissioner to give the organisation its full title, is a governmental body established by the Immigration and Asylum Act 1999 to regulate the provision of immigration advice and services throughout ...

29th March 2019 By

Refugee family reunion: a user’s guide

This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are straightforward and simple for children and s ...

20th March 2019 By

February 2019 immigration update podcast

Welcome to the February 2019 edition of the Free Movement immigration update podcast. This month we start with a quick discussion of deprivation of citizenship in the context of the Shamima Begum case before tackling some of the case law on asylum (in ...

15th March 2019 By

Supreme Court: second or subsequent human rights claims do not attract automatic right of appeal

The Supreme Court has finally laid to rest the argument (advanced by me amongst others) that second or subsequent human rights or asylum claims automatically attract a right of appeal under the appeal regime of the Immigration Act 2014. They don’ ...

13th March 2019 By

Most immigration and nationality fees frozen for 2019/20

The updated list of fees for immigration and nationality applications that apply from 29 March 2019 shows that most remain unchanged from this year. The amount the Home Office has been charging to process visa, settlement and citizenship applications ...

12th March 2019 By

Immigration tribunal understates Afghan casualties by factor of 10 in country guidance case

The Court of Appeal has in the case of AS (Afghanistan) v Secretary of State for the Home Department [2019] EWCA Civ 208 decided that the Upper Tribunal can correct a mistake made in the reasons for a determination. The court interprets Rule ...

11th March 2019 By

January 2019 immigration update podcast

Welcome to the delayed January 2019 edition of the Free Movement immigration update podcast. We start the round-up with some mixed news on appeal rights before getting into the latest on Brexit and the Settlement Scheme for EU citizens living in the U ...

8th March 2019 By

What is the Chief Inspector of Borders and Immigration?

The government has proposed the Independent Chief Inspector of Borders and Immigration as the interim monitoring body for the EU citizen settled status scheme. This briefing examines the powers, remit and impact of the Chief Inspector. The Chief Inspe ...

8th March 2019 By

Supreme Court has to remind tribunal self inflicted torture inherently unlikely

The Supreme Court has had to remind the immigration tribunal that self inflicted torture by proxy (SIBP) is inherently unlikely. Self inflicted torture by proxy is the least worst phrase so far devised for describing the idea — and it really is ...

6th March 2019 By

Upper Tribunal steer on litigation friends for children

Since the case of R(C) v First-tier Tribunal [2016] EWHC 707 (Admin) the tribunal has been forced to accept that litigation friends can and should be appointed to help those who lack capacity to conduct their own tribunal proceedings. The procedure ru ...

4th March 2019 By

High Court finds Right to Rent checks discriminatory in landmark judgment

Today the High Court found in the case of R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) that the government’s Right to Rent scheme causes racial discrimination ...

1st March 2019 By

New Appendix FM online training course now available to members

We’ve finally put the finishing touches to our comprehensive online training course on Appendix FM to the Immigration Rules. This is the bit of the rules dealing with the entry of family members, including spouses, partners, children, parents an ...

26th February 2019 By

Briefing: how criminal convictions affect settled status for EU citizens

The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered necessary because most citizens of European Union countries will lose their existing legal st ...

18th February 2019 By

Naturalising or registering as a British citizen: the good character requirement

Anybody over the age of ten who applies for registration or naturalisation as a British citizen needs to meet the so-called “good character requirement”. This is a mandatory requirement set out in the British Nationality Act 1981. Where a person i ...

8th February 2019 By

Court of Appeal frustrated by technical appeals in weak cases

Given what I wish to say about the merits of this appeal, I place on record the fair way in which Mr Biggs pursued the appeal on behalf of the appellant. He did not appear below and has not pursued before this court technical arguments which dominated ...

31st January 2019 By

The legal status of new arrivals from the EU after a no-deal Brexit

The government’s preparations for Brexit include passing a law to remove the right of free movement for EU citizens. This right is ultimately derived from the EU treaties, but is also expressed in UK legislation, notably section 7&nbs ...

29th January 2019 By

OISC immigration law regulator launches new scheme for EU settled status applications

The OISC, the regulator for immigration advisers who are not solicitors, barristers or CILEx qualified, has launched a new, light touch Brexit scheme. It will enable charities and not-for-profit organisations to qualify to give immigration advice on t ...

29th January 2019 By

Isle of Man and Channel Islands not subject to EU free movement rules

Basically, neither the Isle of Man nor the Channel Islands are members of the European Union and therefore the spouse of an EU national who was working there could not benefit from EU free movement law. If only Rees-Mogg et al just moved there, perhap ...

23rd January 2019 By

10-year lawful residence rule requires 10 years’ lawful residence, says tribunal

If there is no ten years continuous, lawful residence for the purposes of para 276B(i)(a) of the Immigration Rules, an applicant cannot rely on para 276B(v) to argue that any period of overstaying (for the purposes of 276B(i)(a)) should be disregarded ...

21st January 2019 By

Interesting Court of Justice case on religious belief asylum claims

Just flagging this up for those interested in asylum claims based on religious belief: C‑56/17 Fathi v Bulgaria. It is from late 2018 but the English language version was only recently published. The applicant was an Iranian who had converted to C ...

18th January 2019 By

Home Office overruled on whether Calais child brother of UK sponsor

In this case the Home Office repeatedly refused to accept that a child in France was related as claimed to his brother in the UK. First the Home Office failed to even contemplate taking DNA evidence, then eventually decided it would be illegal to do s ...

17th January 2019 By

Victim of “truly atrocious” past persecution can still be returned if country conditions change

Another example of selective cessation of refugee status by the Home Office, ostensibly based on a change in the country of origin but in truth triggered by criminality on the part of the refugee. In this case the refugee had entered the UK as a child ...

15th January 2019 By

December 2018 immigration update podcast

Welcome to the December 2018 edition of the Free Movement immigration update podcast. It’s a bumper issue, with a host of immigration announcements just before Christmas to cover, including two sets of changes to the Immigration Rules, a white p ...

14th January 2019 By

Home Office cannot make second deportation decision absent change of circumstances

In the case of Harverye v Secretary of State for the Home Department [2018] EWCA Civ 2848, Lord Justice Irwin in the Court of Appeal held that where an appeal against deportation is allowed, the Home Office cannot make a second decision to deport unle ...

10th January 2019 By

New immigration policy on DNA evidence

Good, clear new policy on DNA evidence in immigration cases from the Home Office following the scandal last year: The Home Office cannot require that DNA evidence is provided as part of an immigration application. This is reflected in the fact that th ...

9th January 2019 By

Operation Nexus police-immigration relationship held to be lawful

The Court of Appeal has upheld the High Court decision that Operation Nexus — the “operational and intelligence partnership for immigration enforcement” between the police and the Home Office that we have commented on several times p ...

8th January 2019 By

Vulnerable asylum seekers face Article 3 breaches in Italy, holds tribunal

The tribunal has concluded, finally, that particularly vulnerable asylum seekers face breaches of Article 3 if returned to Italy to have their asylum claims processed under the Dublin Regulation. It would be fair to say the circumstances where this ap ...

3rd January 2019 By

Children of single parents: the sole responsibility and exclusion undesirable tests

Where parents have already or are relocating to the United Kingdom and both parents will end up in the UK (or one parent will and the other is deceased) then the Immigration Rules permit them to bring their children. The main requirements are that the ...

3rd January 2019 By

Are refugees obliged to claim asylum in the first safe country they reach?

There has been considerable fuss made in the last week about a handful of refugees crossing the English Channel to claim asylum here in the UK. Here I’m going to look at the numbers, the wider context, what we know about refugee decision making ...

2nd January 2019 By

Free Movement review of the year 2018

Windrush The defining event of 2018 in the world of immigration law was without doubt the exposure of what has become known as the Windrush scandal. The way the scandal was eventually picked up by all news outlets caught everyone by surprise, me inclu ...

2nd January 2019 By

November 2018 immigration update podcast

Welcome to the November 2018 edition of the Free Movement immigration update podcast. This month we again take it from the top with the Supreme Court’s latest attempt to cut through the complexity of our immigration law before turning to a major ...

21st December 2018 By

Immigration Bill to end EU free movement finally published

The long awaited Immigration Bill has finally been published. Its mission: to end the free movement rights of nearly four million EU citizens and their family members in the UK. There is as yet no proposed commencement date for when it will take legal ...

20th December 2018 By
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