Immigration update podcast, episode 66

Welcome to episode 66 of the Free Movement immigration update podcast. CJ has just been on a podcasting course and you may notice a few differences this month, including some intro music. This month we start in the Supreme Court with its decision on t ...

22nd July 2019 By

Tribunal told to think again on exclusion from refugee status of Iraqi military doctor

The First-tier and Upper Tribunals seem to have gone rather badly wrong in the case of MAB (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 1253, involving an Iraqi doctor who was formerly employed to care for prisoners by Iraqi ...

22nd July 2019 By

Is “Tommy Robinson” entitled to refugee status and when is prosecution persecution?

Stephen Yaxley-Lennon, Paul Harris or Tommy Robinson or whatever he calls himself today, has directly appealed to President Donald Trump to be granted asylum and evacuated to safety in the United States in an interview with notorious website Infowars. ...

10th July 2019 By

Tribunal judge opines on wayward ways of other tribunal judges

The official headnote to Durueke (PTA: AZ applied, proper approach) [2019] UKUT 197 (IAC), which reads more like a memo to self or some sort of passive-aggressive intra-judge fisticuffs: (i) In reaching a decision whether to grant permission to appea ...

5th July 2019 By

New immigration bail training course out now

There are over 100 hours’ worth of immigration law training courses on Free Movement now, all accessible to paid members. The latest addition to the menu covers immigration bail. The core modules cover the practicalities of making a bail applica ...

4th July 2019 By

Extended family members denied an appeal can go ahead and lodge one

Banger (EEA: EFM – Right of Appeal) [2019] UKUT 194 (IAC) has finally reached the end of the road. This is the case that went up to the Court of Justice of the European Union on, essentially, two issues: Does the Surinder Singh route apply to du ...

24th June 2019 By

Half price on Free Movement membership for new members

This week, to celebrate the GREAT weather we’ve been having, we’re running a summer sale until 30 June 2019 on individual and small group (up to 10 users) annual memberships: half price for the first year for new members. To claim your discoun ...

24th June 2019 By

Briefing: What does “sufficiency of protection” mean in UK asylum law?

The inelegant phrase “a sufficiency of protection” originates in a now obscure series of tribunal determinations from the 1990s. It was eventually entrenched in law by the House of Lords case of Horvath [2001] AC 489, but the diverse judgm ...

20th June 2019 By

Asylos: free country information reports for asylum cases

“Country and expert evidence is indispensable in supporting an asylum seeker’s case. Asylos helps me – and immigration officials – better understand my client’s circumstances.” – Tori Sicher, Sutovic & Har ...

19th June 2019 By

Supreme Court finds UK breached residence rights of hundreds of thousands of EU citizens

The Supreme Court has today dismissed the Home Office appeal in the case of Gubeladze [2019] UKSC 31. The judgment affects hundreds of thousands of EU citizens from the so-called Accession Eight (or “A8”) countries that joined the EU in ...

19th June 2019 By

What is the legal definition of a “refugee”?

This week is Refugee Week. On Free Movement we try to communicate complex legal issues in immigration and asylum law in a clear way and here we answer the question “what is a refugee?” We’ll have a load of other refugee related conte ...

17th June 2019 By

Immigration update podcast, episode 65

Welcome to the May 2019 edition of the Free Movement immigration update podcast. This was a mercifully quiet month in immigration law, for a change, but there’s still a few decisions from the Court of Appeal to be aware of — particularly o ...

14th June 2019 By

Settled Status Handbook: updated second edition out now, free for members

We have launched an updated second edition of our Settled Status Handbook on applying to the EU Settlement Scheme. This is our guide for EU citizens and their family members applying for settled or pre-settled status to legally remain in the UK after ...

10th June 2019 By

Immigration tribunal starting to cancel appeal hearings where bundles served late

The immigration tribunal is piloting a new system of automatically “de-listing” (judge-speak for cancelling or adjourning) appeal hearings where an appellant serves their bundle late. I’ve run into the pilot at Newport, but responses ...

6th June 2019 By

Theresa May’s immigration legacy

Theresa May has just announced her resignation. She will leave office on 7 June 2019, leaving a legacy indelibly associated with two things: Brexit and immigration. The gridlock on the former being, infamously, a function of her obsession with the lat ...

24th May 2019 By

Immigration update podcast, episode 64

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

Immigration update podcast, episode 63

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

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

Immigration update podcast, episode 62

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

Immigration update podcast, episode 61

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
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