Supreme Court decides meaning of “precarious immigration status” and “financially independent”

The Supreme  Court has allowed the appeal in the case of Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. Giving the sole judgment, Lord Wilson holds that a “precarious” immigration status is any status short of Indef ...

14th November 2018 By

Apology and correction

A blog post I wrote dated 11 January 2018 regarding visit visa appeals in the Court of Appeal could be read as implying a failure by leading and junior counsel for the Secretary of Statec Lisa Giovannetti QC and Colin Thomannc to bring to the attentio ...

12th November 2018 By

100 years of remembrance: Robert Graves and his neurasthenia

Back in 2012, I started what has become a tradition of posting remembrance poems linked to trauma. While most of us lawyers know nothing of war personally, many of our refugee clients have passed through something like it. The resulting trauma carries ...

11th November 2018 By

Briefing: the rules on returning residents with indefinite leave to remain (ILR)

Indefinite leave to remain in the UK is a type of immigration status that means a person can live and work in the UK for as long as they like, with no further need to apply for a visa extension. Occasionally, though, people with ILR are refused entry ...

1st November 2018 By

Only 1,700 people recognised by Home Office as Zambrano carers since 2012

Figures obtained by Free Movement show that fewer than two thousand non-EU carers rely on EU law for their right to live in the UK. The relatively small number of people relying on these “derived rights of residence” raises questions about ...

29th October 2018 By

Comment: Home Secretary’s DNA testing apology is meaningless if he can’t get his department under control

The Home Secretary has published the results of a review into DNA testing at the Home Office, apologising to migrants who were told that genetic testing was compulsory for certain family visas. Sajid Javid also announced a potentially wide-ranging rev ...

26th October 2018 By

Supreme Court: bad behaviour by parent irrelevant to best interests of children

The Supreme Court has today handed down judgment in four linked cases all concerning the best interests of children who themselves face removal from the UK or whose parent faces removal from the UK. The case is likely to be referred to as KO (Nigeria) ...

24th October 2018 By

Refugee “safe return reviews” needlessly causing anxiety, statistics suggest

About 18 months ago, the Home Office announced that refugees would no longer get indefinite leave to remain automatically after being in the UK for five years. Officials are now supposed to review whether the refugee still needs the protection of the ...

23rd October 2018 By

September 2018 immigration update podcast

Welcome to the September 2018 edition of the Free Movement immigration update podcast. We tried something a bit different this month. CJ and I ran the podcast together in a more conversational style. To keep the length reasonable we’ve focussed ...

18th October 2018 By

Tribunal President says bus drivers and brain surgeons to be treated the same

Thakrar (Cart JR; Art 8: value to community) [2018] UKUT 336 (IAC) is a rare example of a case where permission to appeal to the Upper Tribunal was only granted by a High Court judge after a Cart judicial review of the Upper Tribunal. To put it anoth ...

17th October 2018 By

Tribunal to make its own decisions on trafficking cases

In ES (s82 NIA 2002, Negative NRM) [2018] UKUT 335 (IAC) a victim of trafficking from Albania had been assessed by the Home Office not to be a victim of trafficking under the National Referral Mechanism. Previous cases have held that the tribunal is ...

16th October 2018 By

New asylum policy on non-Dublin third country cases

The Home Office has published a new policy document entitled Inadmissibility: EU grants of asylum, first country of asylum and safe third country concepts, all about non-Dublin third country cases. It covers Immigration Rules 345A-D on asylum claim ...

16th October 2018 By

A draft submission to the Windrush lessons learned review

I’ve been working on a submission to the Windrush lessons learned review. The final date for submission of evidence is 19 October 2018 and I’d urge anyone interested in immigration policy to consider putting in a response, no matter how sh ...

15th October 2018 By

Future immigration enforcement: will Brexit make ID cards inevitable?

The whole purpose of the hostile environment is to exert indirect immigration control over migrants through employers, landlords, banks and public services. This is seen as an alternative to direct enforcement the old fashioned way, through arrests, d ...

2nd October 2018 By

Home Office stats show immigration enforcement activity declining across the board

“The government is cracking down harder on both illegal and legal migrants.” “The government does not control immigration.” These two contrasting statements are the prevailing yet paradoxical narratives on immigration in the Un ...

1st October 2018 By

August 2018 immigration update podcast

Welcome to the August 2018 edition of the Free Movement immigration update podcast. This month I start on two subjects I’ve always been interested in, refusals of visit visa applications and the power to deprive people of their British citizensh ...

28th September 2018 By

Deprivation of citizenship justified by treasonous conduct finds Court of Appeal

A British citizen can be deprived of his citizenship if he shows disloyalty to the state, the Court of Appeal has found in the case of Pham v Secretary of State for the Home Department [2018] EWCA Civ 2064. The case is interesting, thought-provoking ...

27th September 2018 By

Upper Tribunal rejects claim of bias against Judge Geraint Jones QC

Judge Geraint Jones QC is well known to lawyers appearing at the Hatton Cross immigration tribunal hearing centre. In the case of Ortega (remittal; bias; parental relationship) [2018] UKUT 298 (IAC) the Upper Tribunal has rejected claims that one of ...

25th September 2018 By

Report: Government does control immigration after all

Interesting new report from Jonathan Thomas of the Social Market Foundation called Take Back Control? This report reveals the true extent of the UK government’s control over immigration and makes the case for greater political honesty about that con ...

24th September 2018 By

Naturalising as a British citizen: the lawful residence requirement

An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to apply for naturalisation under section 6 of the British Nationality Act 1981 if they meet certain requirement ...

24th September 2018 By

Above-inflation increase in immigration and nationality fees for 2018/19

New fees for immigration and nationality applications came into effect on 6 April 2018 and a slightly expanded list of fees applies from 8 October 2018. This post, originally published in April but now updated to reflect those mid-year additions, show ...

20th September 2018 By

Delay of 21 months in child refugee case found unlawful

The Home Office behaved unlawfully in putting on hold a child’s asylum claim for over 21 months, the Upper Tribunal has found. There are thought to be as many as 200 other children in the same position. The child had been admitted to the UK in & ...

19th September 2018 By

Stateless refugee family win right to have claims decided in UK

The UK authorities do not emerge with much humanitarian credit from this newly reported tribunal case. For years the government has strenuously resisted the obviously meritorious and compassionate request by a stateless refugee family to be reunited. ...

18th September 2018 By

Court of Justice upholds UK approach to Worker Registration Scheme for EU nationals

Last week the Court of Justice of the European Union upheld the UK’s approach to the Worker Registration Scheme in force between 2004 and 2011 for citizens of new EU countries. The case is C-618/16 Prefeta v UK. The judgment in effect endorses ...

17th September 2018 By

“Deport first, appeal later” claims its first known casualty

May Bulman has reported in The Independent the death of an Afghan citizen deported from the UK pending his appeal. He was shot dead in his home town and his wife saw his dead body in an image on Facebook. He had lived in the UK for 16 years and had fo ...

14th September 2018 By

July 2018 immigration update podcast

Welcome to the July 2018 edition of the Free Movement immigration update podcast. This month I start by discussing some developments in nationality law, then cover the EU Settlement Scheme that is starting to take shape and currently being piloted. Wh ...

11th September 2018 By

How can the Home Office tear up the British passport of a six-year-old boy born in Leeds?

The Independent and the Telegraph are reporting on the upsetting case of a little boy, born in Leeds, who is being denied re-entry to the UK because the Home Office has revoked his British passport. Mohamed Bangoura, aged six, was staying with relat ...

6th September 2018 By

Comment: the Home Office must adopt a principled approach to DNA testing

In 1985, immigration solicitor Sheona York read an article in the Guardian about a new technology for proving someone’s identity. She called the inventor, Professor Alec Jeffreys, at the University of Leicester to see whether this “DNA tes ...

3rd September 2018 By

The Surinder Singh immigration route: how does it work?

The “Surinder Singh route” has become well known to British citizens seeking to be reunited with their family members. The toughening up of UK immigration rules in July 2012 – particularly the introduction of the minimum income rule with ...

31st August 2018 By

Comment: migrants need the right to work while fighting immigration cases

I am quoted in a recent Guardian story about the notorious, if niche, paragraph 322(5) of the Immigration Rules. This is the rule being used to refuse leave to remain to migrants because of alleged discrepancies between their tax returns to HMRC and t ...

28th August 2018 By

Visit visa refusals: appeal or judicial review?

The removal of full rights of appeal for family visit visas in 2013 has led to a legal dilemma for those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or launch an application for judicial review? T ...

14th August 2018 By

How is the government using its increased powers to strip British people of their citizenship?

Yesterday’s judgment in Aziz & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1884 saw the Court of Appeal uphold the Home Secretary’s decision to use her power to strip members of a notorious Rochdale grooming gang ...

9th August 2018 By

June 2018 immigration update podcast

Welcome to the June 2018 edition of the Free Movement immigration update podcast. I start this month with a whistle-stop tour of some of the latest changes to the Immigration Rules before highlighting a couple of procedural changes, including the end ...

3rd August 2018 By

Refugee appeals against revocation of refugee status should be dismissed if appellant not a refugee

This is probably a determination best ignored, from the judge who brought us Sala. The headnote reads: 1. An appeal under s 82(1)(c) is an appeal against revocation of the basis upon which the leave referred to in s 82(2)(c) was granted. 2. The only a ...

27th July 2018 By

People can now be deprived of their British citizenship by email

Some amendments to the British Nationality (General) Regulations 2003. From the explanatory notes: Regulation 2 amends regulation 3 of the 2003 Regulations, as a consequence of the amendment made by regulation 4 of these Regulations, and requires app ...

25th July 2018 By

Home Office unlawfully nullifies British citizenship in hundreds of cases

New figures from the Home Office show that hundreds of British citizens have unlawfully had their citizenship nullified since 2013. A Freedom of Information request by the author revealed that there were 262 decisions to nullify British citizenship be ...

18th July 2018 By

Court of Justice finds Surinder Singh applies to extended family members

The unmarried partner of a British citizen who returns to the UK having resided in another EU country does have rights under EU law, the Court of Justice of the European Union has today held in the case of C‑89/17 Banger v UK. The court also finds ...

12th July 2018 By

Court of Appeal chastises barrister over conduct of asylum appeal

Another shot fired in the ongoing skirmishes between judges, perhaps starting to feel some of the workload pressure that legal aid lawyers have been labouring under for years, and immigration practitioners. Last week a JUSTICE report ominously recomme ...

10th July 2018 By

May 2018 immigration update podcast

Welcome to the May 2018 edition of the Free Movement immigration update podcast. It was a bumper month for immigration and asylum law updates, with 61 posts published on Free Movement in May. I can’t possibly cover everything, but the highlights ...

6th July 2018 By

Home Office makes almost £100 million from children registering as British citizens

Home Office profit on the fees charged to children exercising their right to British citizenship comes to nearly £100 million over the past five years, Free Movement analysis has shown. The controversially high fee for the citizenship process known a ...

4th July 2018 By
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