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

Fees for EU nationals and others appealing immigration decisions increase over 500% today

As of today, 10 October 2016, it now costs £800 to lodge an appeal against an immigration decision where a proper oral hearing is requested. The change was announced on 15 September 2016 and the necessary legal change, the First-tier Tribunal (Im ...

10th October 2016 By

Family and private life FLR(M) and FLR(FP) online applications now possible

Online versions of the FLR(M) and FLR(FP) application forms are now available for use. The form needs to be printed at the end and sent off to the Home Office with the required supporting documents. Use this online application as an alternative to the ...

10th October 2016 By

EU nationals must apply for permanent residence card for British nationality applications

The British Nationality Act 1981 requires a successful applicant for British citizenship to show, amongst other things, that he or she is free from immigration restrictions. Technically, the requirement is set out in paragraph 2(c) of Schedule 1 to th ...

10th October 2016 By

July 2016 immigration update podcast

Welcome to the July 2016 edition of the Free Movement immigration update podcast. This episode I cover some important EU law issues then move through a considerable number of cases and appeal issues and then end with some updates on new and changed H ...

10th October 2016 By

Liberalism is failing. It does not have to.

On 16 June 2016, during a referendum campaign dominated by the issue of whether there are too many foreigners in the UK, Member of Parliament Jo Cox was shot and stabbed multiple times outside a surgery in her constituency. She later died from her in ...

5th October 2016 By

Online EEA permanent residence and European passport return service now available

The Home Office has quietly and with no fanfare launched online residence certificate and permanent residence certificate application processes and accompanying European passport return service. I have put together a 20 minute video walk through of wh ...

4th October 2016 By

EU derived rights of residence not automatically lost if crime is committed

In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case m ...

3rd October 2016 By

Changes to appeals to Court of Appeal from 3 October 2016

Access to the Court of Appeal is being restricted with effect from 3 October 2016 by means of important changes to the Civil Procedure Rules (CPR). The headline changes are: Removal of the automatic right to an oral hearing when renewing an unsuccess ...

3rd October 2016 By

New York Declaration: Addressing Large Movements of Refugees and Migrants

The New York Declaration Addressing Large Movements of Refugees and Migrants starts well: Since earliest times, humanity has been on the move. Some people move in search of new economic opportunities and horizons. Others move to escape armed conflict, ...

30th September 2016 By
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