What is in Welcome to Britain: Fixing Our Broken Immigration System?

My book Welcome to Britain: Fixing Our Broken Immigration System launches today. I was delighted to see it getting some coverage in the Observer yesterday. If you haven’t already you can order a copy from Waterstones, Amazon or from your lo ...

29th June 2020 By

Online launch for Colin’s book Welcome to Britain: Fixing Our Broken Immigration System

We’re holding a free online event next Monday — our first ever live online event in fact — to mark the launch of my book, Welcome to Britain: Fixing Our Broken Immigration System. The book takes you behind the scenes of the United Ki ...

26th June 2020 By

General grounds for refusal: owing a litigation debt to the Home Office

Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in the UK. For all applications made on or after 6 April 2016, having a “litigation debt” to the Home Office m ...

25th June 2020 By

CJEU: permanent residence card exempts family member from visa requirements

In the case of C‑754/18 Ryanair the Court of Justice of the European Union has concluded that a non-EU national who holds a permanent residence card from one EU state, is under EU law, exempt from any domestic law requirement to hold a visa to enter ...

23rd June 2020 By

Signed copies of Colin’s book Welcome to Britain: Fixing Our Broken Immigration System

If you would like a signed copy of my upcoming book, released on 29 June 2020, then you can now order such a thing here on Free Movement. Normally I’d be around and doing some live events to sign copies but that obviously is not feasible at the ...

18th June 2020 By

Refugee Week 2020

This week is Refugee Week. We’ve got quite a lot to say about the often complex law on asylum and refugees and the purpose of this post is simply to point you in the right direction if you are interested in reading up on the subject. The starti ...

15th June 2020 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?” Before we get to that, we have loads of content about ...

15th June 2020 By

Race, racism and immigration in the United Kingdom: Black Lives Matter

The killing of George Floyd by Minneapolis police officers has shone a light on the ongoing difference in the treatment of black and white citizens in the United States. It is right and proper to think also about racism here in the United Kingdom. As ...

10th June 2020 By

Immigration update podcast, episode 77

Welcome to episode 77 of the Free Movement immigration update podcast. This month we cover a number of positive court decisions on Article 3, no recourse to public funds and immigration fees. We then mention the main coronavirus updates before turning ...

8th June 2020 By

Free Movement reader survey 2020

Who are you and what do you want? That is what we’d like to know, and to find out we have launched our 2020 reader survey. As a thank you I’m offering a free signed copy of my upcoming book, Welcome to Britain: Fixing Our Broken Immigrati ...

28th May 2020 By

Immigration application fee destitution policy found unlawful

The Upper Tribunal has found that the Home Office’s policy for waiving the immigration application fee for destitute immigrants — the fees can add up to thousands of pounds for a family — is unlawful and needs to be widened. The judg ...

21st May 2020 By

Immigration update podcast, episode 76

Welcome to episode 76 of the Free Movement immigration update podcast. This month we start with an important case concerning the hostile environment and the latest hardline deportation decisions. We then discuss immigration detention, including a case ...

15th May 2020 By

New study: asylum seekers don’t tell all at first opportunity

This hardly comes as news to many of those who work with asylum seekers. For many years the icebreaker for training sessions delivered by one of the main foundations working with torture survivors was to instruct attendees to turn to the person to the ...

13th May 2020 By

Tribunal: nullified nullification no barrier to deprivation of British citizenship

Taking away people’s citizenship became a popular pastime for Home Secretary Theresa May. After decades of the power being essentially taboo, associated as it was with Nazi Germany and Soviet Russia, it was resurrected with a vengeance after 201 ...

13th May 2020 By

The Making of an Immigration Judge by James Hanratty (second edition)

There’s a second and updated edition out of James Hanratty’s memoir The Making of an Immigration Judge, available from Quartet Books. I reviewed the previous edition and found it a very interesting and revealing read. The author tells me t ...

12th May 2020 By

Wesley Gryk retires: end of a “queer career”

On 13 October 1997, the new Labour government published a document on family visas. It was called the Concession Outside the Immigration Rules for unmarried partners and it was a legal landmark. The concession allowed certain foreigners in the UK to a ...

12th May 2020 By

Supreme Court offers hope to seriously ill migrants facing deportation and death

In the case of AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 the Supreme Court has widened the protection available to seriously ill migrants facing deportation from the UK and subsequent death for want of medical treatmen ...

1st May 2020 By

The dismal Home Office response to coronavirus: the wider picture

The Home Office response to the coronavirus crisis has been hesitant at best. To the credit of the department, it has on the whole acted to protect its own staff and the staff of some of its major contractors, albeit sometimes belatedly. Basic steps t ...

28th April 2020 By

General grounds for refusal: criminal convictions, public good, character, conduct and associations

Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. This has always been so, but in December 2012 the rules were changed to permanently ban entry of those w ...

20th April 2020 By

Immigration update podcast, episode 75

Welcome to episode 75 of the Free Movement immigration update podcast. This month we are covering March and there’s a lot to go over. We’ve got some EU law material, some fairly involved appeals law stuff on when a human rights claim gener ...

16th April 2020 By

Immigration and nationality fees unchanged for 2020/21

The updated list of fees for immigration and nationality applications that apply from 6 April 2020 shows that all remain unchanged from last year. The amount the Home Office charges to process visa, settlement and citizenship applications had been ri ...

6th April 2020 By

Upper Tribunal says no duty of candour on Home Office in statutory appeals

In Nimo (appeals: duty of disclosure : Ghana) [2020] UKUT 88 (IAC) the Upper Tribunal, consisting of Mr Justice Lane and Mr Ockelton, has held that the duty of candour applying to parties in judicial review proceedings does not apply in statutory appe ...

24th March 2020 By

Coronavirus and the Free Movement website

Business continues as normal at Free Movement. Our product is exclusively an online one, we are used to working remotely and we have contingency plans in place if a staff member is ill or needs to care for family members. We will continue to bring you ...

23rd March 2020 By

Leave in a time of corona: can the Home Office grant blanket visa extensions?

With international travel closing down due to the coronavirus it is becoming not just unwise but impossible to move from some countries to others. Even if inbound flights are not banned by a country, airlines are finding it increasingly difficult to k ...

20th March 2020 By

Substantial update to immigration policy on DNA evidence

We don’t post about many Home Office policy updates but this one is one to be aware of. Changes to DNA policy guidance as follows: Page 6, reference to DNA profile not revealing certain characteristics of a person who provides a DNA sample for t ...

19th March 2020 By

Grant of limited instead of indefinite leave does not generate human rights appeal

In Mujahid [2020] UKUT 85 (IAC), President Lane holds that where a person applies to the Home Office for indefinite leave to remain and is refused indefinite leave but granted limited leave instead, that decision is not a refusal of a human rights cl ...

19th March 2020 By

Immigration update podcast, episode 74

Welcome to episode 74 of the Free Movement immigration update podcast. This month we’ve got a couple of Supreme Court decisions to cover then a carousel of other cases on detention, the rights of British children to live with their parents in th ...

18th March 2020 By

Supreme Court says immigration tribunal can decide for itself if appellant was trafficked

In the case of MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9, handed down today, the Supreme Court has confirmed that the immigration tribunal can and must decide for itself whether an appellant was a victim of trafficking. ...

18th March 2020 By

Supreme Court: detention is unlawful if based on unlawful deportation order

The Supreme Court has found in the case of DN (Rwanda) v Secretary of State for the Home Department [2020] UKSC 7 that the detention of a Rwandan man facing deportation was unlawful because the deportation order on which detention was based was itself ...

26th February 2020 By

El Presidente to minions: “stop granting permission already!”

Another reported case that would perhaps have been more effective and appropriate as a passive-aggressive Post-it note stuck on the office kettle at Tribunal HQ: Permission should not be granted on the grounds as pleaded if there is, quite apart from ...

25th February 2020 By

Book review: (B)ordering Britain by Nadine El-Enany

In (B)ordering Britain: Law, Race and Empire, published last week by Manchester University Press, Nadine El-Enany argues that British nationality and immigration laws are acts of colonial theft. Having expropriated untold wealth from the countries com ...

18th February 2020 By

Immigration update podcast, episode 73

Welcome to episode 73 of the Free Movement immigration update podcast. This month we start with asylum, in particular the new Iraq country guidance decision, before turning to the rebranded Global Talent visa and the latest on Brexit. There are a coup ...

13th February 2020 By

Comment: Jamaica charter flight shows the need for deportation law reform

Last night a deportation flight took off for Jamaica, despite the protests of MPs and a last minute injunction that saw some removed from the plane. Many of the Jamaican citizens involved grew up in the UK — such as the man who has been here sin ...

11th February 2020 By

Immigration update podcast, episode 72

Welcome to episode 72 of the Free Movement immigration update podcast. This month we start with the excellent result on child citizenship fees and the Supreme Court’s clarification of the legal test in Zambrano cases. There are also interesting ...

17th January 2020 By

Law Commission calls for total rewrite of Immigration Rules

The Law Commission’s long-awaited report on Simplification of the Immigration Rules says that rewriting and paring down the “overly complex and unworkable” document would improve legal certainty and transparency for applicants as we ...

14th January 2020 By

Free Movement review of the year 2019

Welcome to my review of the immigration law events and themes of 2019. I have written one of these reviews every year since 2013. It is a chance to stand aside from the rush of updates and news, try to reflect on what has really happened during the ye ...

2nd January 2020 By

What is so special about being a British citizen, legally?

You would be forgiven for thinking there are some special rights or privileges attached to being a British citizen. Politicians are fond of telling us how great it is to be British and how it is a privilege not a right. Our government charges foreign ...

27th December 2019 By

Immigration update podcast, episode 71

Welcome to episode 71 of the Free Movement immigration update podcast. This month we explain the ramifications of the Supreme Court decision in Hemmati as well as recent developments in asylum and trafficking. The DeSouza case on the Good Friday Agree ...

20th December 2019 By

Supreme Court says Zambrano test is usually a simple one

The Supreme Court has found in the case of Patel and Shah v Secretary of State for the Home Department [2019] UKSC 59 that the carers of EU citizen children can derive a Zambrano right of residence only where the child will as a practical matter of f ...

16th December 2019 By

Book review: Hostile Environment by Maya Goodfellow

If you haven’t noticed immigrants being blamed for everything from crime to low wages and overstretched public services, you have not been paying attention. In Hostile Environment: How Immigrants Became Scapegoats, the writer, journalist and aca ...

16th December 2019 By
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