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

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 of the Immigra ...

11th 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

Online immigration law CPD training for barristers and other lawyers

The end of the CPD training year is fast approaching for barristers. We’ve been working away at updating the online immigration law training courses on Free Movement and creating new ones for our 2,300+ active members. There’s still time ...

20th December 2018 By

Death of Polish man facing deportation highlights unaccountable culture at the Home Office

Michal Netyks was convicted of a criminal offence and sentenced to a short period of imprisonment. On the day of his release, at which point he had packed his belongings, he was served with Home Office papers telling him he was to be deported and that ...

20th December 2018 By

Bristol Refugee Rights needs your help

Bristol Refugee Rights, a great organisation, needs help with a fundraising campaign to keep its Advice Project running. They have just short of 100 donors at the time of writing and the end of the campaign is fast approaching. Please donate if you ca ...

18th December 2018 By

Family members of cross border workers can derive EU right to reside if needed for childcare

The Upper Tribunal has held in the case of LS (Article 45 TFEU – derivative rights) [2018] UKUT 426 (IAC) that the family member of a cross border worker within the EU — one who lives in one EU country but works regularly in another R ...

18th December 2018 By

Tribunal finds “hair trigger” risk for activist Iranian Kurds

Interesting new Country Guidance case on Iranian Kurds: HB (Kurds) Iran CG [2018] UKUT 430 (IAC). While simply being a Kurd from Iran is not sufficient to create a risk of persecution on return, Kurdish ethnicity is held to be a significant risk facto ...

17th December 2018 By

Comprehensive Sickness Insurance: what is it, and who needs it?

If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right of permanent residence, you have to meet certain requirements. For some people — chiefly those not working or self- ...

13th December 2018 By

Red Cross: universal credit will leave recognised refugees destitute

The Red Cross has published a new report on what they call the “move on” period for refugees, which is the period of 28 days between when they get formally recognised as a refuge and issued with status papers and the end of their centrally ...

6th December 2018 By

Advising EU citizens on their settlement rights may be illegal warns regulator

The Office of the Immigration Services Commissioner (the OISC to those who know it well) has quietly published guidance outlining when it considers it will be illegal to provide advice to EU citizens and their non-EU family members under the settled ...

5th December 2018 By

New learn immigration law course: perfect for OISC Level 1

We’ve been working hard for several months on a comprehensive course for new immigration lawyers or advisers which is perfect for the OISC level 1 exams. We’ve used every trick in our book to make the courses as accessible and easy to foll ...

3rd December 2018 By

Can children and parents apply to remain after seven years residence?

From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s experience and the UK may be the only home they know in any meaningful sense. On top of that, children do not make the ...

28th November 2018 By

October 2018 immigration update podcast

Welcome to the October 2018 edition of the Free Movement immigration update podcast. We posted 40 articles on the blog last month, but are realistically limited in a podcast to discussing the most important ten or so. A Supreme Court judgment obviousl ...

21st November 2018 By

Burden of proof rests with appellants in Article 3 appeals

Yes, you read that headline right. In HKK (Article 3: burden/standard of proof) [2018] UKUT 386 (IAC), counsel rather ambitiously attempted to reopen the question of where lies the burden of proof in Article 3 appeals. TL;DR: the burden of proof rest ...

21st November 2018 By

Upper Tribunal grants general permission to appeal to Afghan hijackers

In one of the longest running bits of immigration litigation ever (not quite as long as the Cyprus Sovereign Base Area refugee cases…), the Afghan asylum seekers who arrived on a hijacked plane in 2000 have been granted general permission to app ...

20th November 2018 By

Court of Appeal: Wikipedia can (but shouldn’t) be used to prove foreign law

In the case of KV v Secretary of State for the Home Department [2018] EWCA Civ 2483 the Court of Appeal accepts that future statelessness is a relevant consideration in an appeal against deprivation of British citizenship obtained on the basis of frau ...

20th November 2018 By

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 Indefin ...

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
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