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

Immigration update podcast, episode 31

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

Immigration update podcast, episode 30

Welcome to the June 2016 edition of the Free Movement immigration update podcast. June 2016 is a month I would rather had not occurred. Inevitably perhaps, I start by discussing next steps for EU nationals following Brexit. I move on to discuss a nu ...

29th September 2016 By

New Country Guidance case on situation in Libya

A new Country Guidance case on Libya has been issued. It is a short one and simply states that the previous Country Guidance case should be disregarded for now, pending a more up to date and authoratitive treatment. In the meantime, Libyan cases need ...

27th September 2016 By

No appeal to Court of Appeal until Upper Tribunal appeal concluded

The Upper Tribunal has ruled that there is no right of appeal to the Court of Appeal against decisions of the Upper Tribunal until Upper Tribunal appeal is finally concluded. This means there is no right of appeal to the Court of Appeal against an Upp ...

27th September 2016 By

Fresh claims *might* generate right of appeal after all

Two further cases have added to the jurisprudence on whether it is possible under the Immigration Act 2014 to appeal against a refusal of a fresh protection claim. The cases are R (on the application of Sharif Hussein) v First-Tier Tribunal (para 353: ...

26th September 2016 By

Worker status, unemployment and genuine prospects of finding work in EU law

Two recent cases in the Administrative Appeals Chamber of the Upper Tribunal have clarified when a worker might in EU law retain his or her status as a worker during a period of unemployment. The cases are KS v Secretary of State for Work and Pensions ...

26th September 2016 By

Sesame Street’s Grover explains about refugees

It’s Friday. Thankfully. Sesame Street’s Grover explains about refugees and the unbuilding. Many thanks to colleague Greg O’Ceallaigh for spotting it and sharing. Wouldn’t it be nice if our own government were willing to do thi ...

23rd September 2016 By

New Home Office policies on safe areas of Iraq

The Home Office has issued a series of new policy positions on safe return to Iraq. In summary: The Home Office now seeks to depart from AA and to argue that there is no longer a 15(c) risk in Diyala, Salah al-Din, or Kirkuk (except for Hawija and sur ...

23rd September 2016 By

Return of passport by Home Office to sit Secure English Language Test

The Home Office has confirmed that where it holds the passport of a migrant who wishes to sit the Secure English Language Test (SELT) it will either return the passport to enable the migrant to sit the SELT or will confirm directly with the SELT cent ...

23rd September 2016 By

Upper Tribunal Judge Goldstein retires today

Upper Tribunal Judge Goldstein (72) was admitted as a Solicitor in 1987. He was appointed a part-time Immigration Adjudicator in 1996, full-time Immigration Adjudicator in 1999 and Legal Member of the Immigration Appeals Tribunal in 2000. He was appoi ...

22nd September 2016 By

Home Office launches online EU applications and passport return service

UPDATE: Beta version of online service now available here. A series of pages have appeared on the Governments official gov.uk website suggesting that the Home Office will be launching a new online application process for EEA nationals on 1 October 20 ...

21st September 2016 By

No right of appeal against refusals for extended family members rules tribunal

In the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) the Upper Tribunal has ruled that there is no right of appeal against a decision by the Home Office to refuse a residence card to a person claiming to be an extended ...

21st September 2016 By

UPDATED WITH LINK TO FULL TEXT Outline of Theresa May’s UN summit speech on refugees

UPDATE: Full text of speech is here. As UN countries gear up for 2 years of negotiations on new politically binding compacts on refugees and migrants, the PM will seek to put down an early marker by proposing three specific principles that should guid ...

19th September 2016 By

Immigration update podcast, episode 29

Welcome to the May 2016 edition of the Free Movement immigration update podcast. In this (slightly belated) episode I cover a number of tribunal then Court of Appeal then High Court cases, including on refugee children and adult dependent relatives, ...

19th September 2016 By

Garden Court Chambers immigration team retains top ranking in Legal 500

Last week saw the release of this year’s Legal 500 lawyer rankings. For those fortunate enough to receive a ranking it is an eagerly awaited event, as the excellent Legal Cheek coverage demonstrates: Humblebrags galore as latest Legal 500 listin ...

17th September 2016 By

Immigration tribunal to be merged into unified online justice model?

In a joint statement made yesterday, the Lord Chancellor, Lord Chief Justice and Senior President of Tribunals announced that all courts and tribunals will be moving towards an online model and will also merge into a single justice system. The proposa ...

16th September 2016 By

Inspectors criticises Home Office handling of refugee family reunion applications

The Chief Inspector of Borders and Immigration, David Bolt, has criticised Home Office handling of applications by family members of refugees settled in the UK. His new report found the Home Office was too quick to refuse applications which might ulti ...

15th September 2016 By

Against Borders for Children: boycott of new nationality question in school census

From September 2016 parents, guardians and carers in England will be asked to state if their children are foreign nationals. Families can refuse to answer. The UK Government has required childminders, nurseries, schools and colleges to collect co ...

13th September 2016 By

Senior Iranian prison official excluded from refugee protection despite duress argument

1. In response to an allegation that a person should be excluded under Article 1F(a) of the Refugee Convention because there are serious reasons for considering that the person has committed a crime against peace, a war crime or a crime against humani ...

9th September 2016 By

Full Ministerial Statement on Brexit by David Davis

Official statement by David Davis on Brexit: And so, as we proceed, we will be guided by some clear principles. First, as I said, we wish to build a national consensus around our position. Second, while always putting the national interest first, we w ...

6th September 2016 By

Home Office imposes illegal working fines of £14 million on small businesses in 3 month period

The Home Office has imposed fines on small businesses for employing illegal workers of over £14 million in just a three month period. The period covered is January to March 2016. The list of businesses targeted by officials appears to include mainly ...

6th September 2016 By
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