New guidance issued for EU free movement and Surinder Singh cases

Several new guidance documents on EU law free movement cases have been published by the Home Office over the last few days. They are: EEA family permits: guidance for entry clearance officers. This is an entirely new document aimed at Entry Clearance ...

28th November 2016 By

Court of Appeal judgment in ETS case of Qadir now available

This is the latest installment in the sorry ETS saga. For background see this series of blog posts. The Home Office actually conceded the appeal before the hearing, but the Court of Appeal gave judgment anyway because of the backlog of cases depending ...

27th November 2016 By

Government reverses 500% immigration tribunal fee increases

In a surprising but very welcome development, the Government has reversed the 500% increase in fees for immigration appeals which took effect on 10 October 2016. Fees will instead be charged at the old rates and those who have paid the higher fees in ...

25th November 2016 By

Massive batch of new forms and guidance released

There has been a massive batch of new guidance and forms issued today. At the time of writing these were the updates so far (updated 25/11/16): Application to extend stay in the UK as a partner: form FLR(M) Form UK Visas and Immigration Updated: 25 No ...

24th November 2016 By

Hesham Ali and Makhlouf: What is the correct approach to determining deportation appeals?

In the cases of Hesham Ali [2016] UKSC 60 and Makhlouf [2016] UKSC 59 the Supreme Court has, finally, given guidance the correct approach to the determination of appeals against deportation decisions. Both the appeals were dismissed and the Home Offi ...

24th November 2016 By

New Practice Statement on what tribunal “caseworkers” can do instead of judges

There is a new Practice Statement on what tribunal caseworkers (i.e. employed lawyers) can do instead of judges in the First-tier Tribunal Immigration and Asylum Chamber. Some of the functions are definitely ones I would consider to be judicial rather ...

23rd November 2016 By

Justice must not only be done but must manifestly be seen to be done

Astonishing conduct by a judge: In summary, the Judge (a) engaged in a private conversation with the Appellant’s representative (b) in the absence of the other party’s representative (c) in the precincts of the court room (d) partly out of ...

23rd November 2016 By

Free Movement major redesign coming soon: sneak preview

There is a major redesign coming soon to Free Movement. You can take a sneak peak at the new design here. It is not finished yet but we are getting close. There are also changes coming to pricing, membership structure and the way the website works to ...

23rd November 2016 By

Immigration Offences: Trends in Legislation and Criminal and Civil Enforcement

Really interesting from Migration Observatory on trends in immigration criminal and civil penalty enforcement. It came out a few weeks ago but it has taken me until now to look at it properly (there’s a LOT going on at the moment!). From the key ...

17th November 2016 By

Supreme Court dismisses deportation appeals

The Supreme Court has handed down the long awaited judgments in Makhlouf v Secretary of State for the Home Department [2016] UKSC 59 on the impact of deportation on affected children and Hesham Ali v Secretary of State for the Home Department [2016] ...

16th November 2016 By

Success rate for oral compared to paper immigration appeals

What do you get for your money when you pay for an oral over a paper hearing in the immigration tribunal? Since the introduction of much higher appeal fees in October 2016, the price difference is now between £490 for an “on the papers” ...

16th November 2016 By

Tribunal orders urgent admission of two Syrian children to UK

The tribunal has returned to the issue of when might children in the EU seeking entry to the UK under the Dublin Regulation be ordered to be admitted on an urgent basis. The order was made to admit the children in this case and the tribunal sets out ...

15th November 2016 By

Home Office publishes eligibility criteria for children to be admitted to UK under Dubs amendment

The Home Office has made public its internal guidance for officials on the process and criteria for admitting children to the UK who were living in the Calais camp. The obligation to admit the children comes from section 67 of the recently passed Immi ...

15th November 2016 By

Waiting times and success rate for EEA appeals

Quick note on something I spotted the other day while looking through tribunal statistics: waiting times and success rate for EEA appeals. According to the latest quarterly tribunal statistics, for April to June 2016, the latest EEA appeal waiting t ...

9th November 2016 By

No child should be stateless

Good campaign and resources on ending child statelessness. The infographics are useful explainers and you can also sign the petition if you support the cause. Source: NO CHILD SHOULD BE STATELESS ...

8th November 2016 By

Garden Court Chambers only top ranked London set for immigration law

The Chambers and Partners listings for 2017 were released last week and Garden Court Chambers has retained its position as the only top ranked London set of chambers for immigration law. The write up is very flattering: The foremost set leading the w ...

8th November 2016 By

New free best practice guide to statelessness applications for leave to remain published

A new free best practice guide to statelessness applications for leave to remain has been published by ILPA and Liverpool Law Clinic. You can get it here. It equips lawyers with the tools they need to offer high quality legal representation and to pre ...

7th November 2016 By

Statement of Changes to the Immigration Rules HC667

Statement of Changes to the Immigration Rules HC667 was laid yesterday, 3 November 2016. The document weighs in at 90 pages but many of the changes are to language rather than effect. The more significant changes are to Tier 2 skilled workers, for who ...

4th November 2016 By

New Immigration (European Economic Area) Regulations 2016 laid

New Immigration (European Economic Area) Regulations 2016 were laid today, coming into force mainly from 1 February 2017. The new version is mainly a consolidating exercise — the 2006 regulations has been amended and reamended over and over agai ...

3rd November 2016 By

Government loses Article 50 court case. What might it mean for Brexit?

The Government has today lost a major case in the High Court on the issue of whether a Parliamentary vote is required before the Government issues notice under Article 50 of the Treaty on the Functioning of the European Union to the EU that the UK is ...

3rd November 2016 By

New commencement order introduces out of country human rights appeals and more

The end of immigration appeals from within the UK is nigh: section 63 of the Immigration Act 2016 is being brought into force from 1 December 2016 by the Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/ ...

1st November 2016 By

New tribunal case on burden and standard in refugee exclusion cases

New(ish) tribunal case on burden and standard in refugee exclusion cases. The official headnote: In every case involving exclusion of protection under Article 1F of the Refugee Convention, the onus of proof is on the Secretary of State, a detailed and ...

28th October 2016 By

August 2016 immigration update podcast

Welcome to the August 2016 edition of the Free Movement immigration update podcast. This episode I start with the issue of when an EU national can apply for naturalisation, cover several Court of Appeal then High Court cases and then move on to talk ...

27th October 2016 By

Brexit Q&A podcast: your questions answered

Many thanks to everyone who recorded and sent in questions for the Brexit podcast. I have not been able to answer all the questions that were submitted but I have selected a few that I think are of general interest as a way of addressing some of ...

22nd October 2016 By

Updated Home Office policy on reviewing cases when appeals are lodged

Updated Home Office policy on reviewing cases when appeals are lodged: UK Visas and Immigration guidance for how it considers the grounds for appeal and supporting documents of an application. Call me a cynic, but I have never ever seen any evidence t ...

21st October 2016 By

Upper Tribunal considers its powers to set aside its own decisions

The Upper Tribunal in this case considers its powers to set aside its own decisions. The official headnote: The decision of the Court of Appeal in Patel [2015] EWCA Civ 1175 entails the view that the Upper Tribunal’s powers to set aside its o ...

21st October 2016 By

Supreme Court finds British nationality law discriminatory, allows appeal on human rights grounds

The Supreme Court has decided that the historic failure of British nationality law to confer automatic citizenship on a child born out of wedlock was discriminatory, it has continuing consequences which breached a person’s human rights in a disc ...

20th October 2016 By

What are new CPD rules for solicitors, OISC advisers and barristers?

New CPD rules are being introduced for solicitors and barristers in England and Wales and OISC advisers across the UK. The new rules are broadly similar in nature but start at different times, so it is important to know which rules apply when. At the ...

19th October 2016 By

JCWI crowdfunding for challenge to the five-fold increase to immigration tribunal fees

The Government is raising immigration and asylum tribunal fees by an unprecedented amount, in the face of almost universal opposition. Help us ensure that not only the rich are able to challenge incorrect Government decisions, by contributing to this ...

18th October 2016 By

Strasbourg finds asylum claim delay breaches Articles 8 and 13 ECHR

The judgment is in French only, unfortunately, but an English language press release is available. The summary reads as follows: In today’s Chamber judgment in the case of B.A.C. v. Greece (application no. 11981/15) the European Court of Human Right ...

18th October 2016 By

EU deportation appeals do not include consideration of prisoner transfer

The European Framework Decision 2008/909/JHA has replaced the framework previously set out in the Council of Europe Convention on the Transfer of Sentenced Persons, itself supplemented by the Protocol of 18 December 1997, to provide the framework with ...

17th October 2016 By

Appellants can be expected to prove negative nationality says Tribunal

Article 4(1) of the Qualification Directive does not impose a shared duty of cooperation on the Member State to substantiate an applicant’s nationality. Article 4(2) refers to documentation (including documentation regarding nationality(ies)) “at ...

17th October 2016 By

Citizenship deprivation appeals must include consideration of likelihood of removal

(1) As held in Deliallisi (British citizen: deprivation appeal: scope) [2013] UKUT 439 (IAC), in an appeal under section 40A of the British Nationality Act 1981 the Tribunal is required to determine the reasonably foreseeable consequences of depriva ...

14th October 2016 By

Tribunal gives go ahead for Dublin returns to Malta. Again.

The Upper Tribunal again finds that Dublin returns to Malta can go ahead: (i) There have been significant developments in Malta during recent years. While there may be imperfections in the Maltese asylum decision making processes, these are not s ...

14th October 2016 By

Tribunal finds student faked English test using proxy

The Upper Tribunal finds that an English speaking student faked the ETS English language test using a proxy. The official headnote: (i) The question of whether a person engaged in fraud in procuring a TOEIC English language proficiency qualificat ...

14th October 2016 By

Inspection report on “hostile environment” finds hundreds wrongly denied services

The Chief Inspector of Borders and Immigration, David Bolt, has published five new inspection reports. The most interesting is on the “hostile environment”, specifically the powers to deny driving licences and bank accounts to migrants unl ...

14th October 2016 By

Brexit Q&A podcast: submit your question now

I am planning to do a Brexit themed question and answer Free Movement podcast on EU free movement law and applications next week. The idea is to offer readers (er, listeners?) what I hope is useful information in a slightly different format to usual. ...

13th October 2016 By

Part time working, low earnings, employment and self employment in EU law

To acquire EU rights of residence and ultimately permanent residence, a person usually has to engage in certain activities: employment, self employment, study or being self sufficient. There are other criteria as well, but these are the four key ways ...

13th October 2016 By

Home Office confirms that official EEA series application forms are not mandatory

In a useful policy document explaining internal processes within the UK Visas and Immigration department of the Home Office, it is confirmed that applicants for EU free movement documents such as residence certificates and residence cards do NOT have ...

12th October 2016 By

New Country Guidance case on Eritrea finds real risk on return

The Upper Tribunal has issued a new Country Guidance case on Eritrea: MST and Others (national service – risk categories) (CG) [2016] UKUT 443 (IAC). It weighs in at 459 paragraphs plus voluminous appendices. The findings are good news for Eritrean ...

11th October 2016 By
1 5 6 7 8 9 10 11 12 13 14 15 34