Inspection reports published on ‘lorry drops’, country information and intelligence functions at the Home Office

The latest from the Independent Chief Inspector of Borders and Immigration, David Bolt: The report found that the Home Office had maintained the quality of its initial response despite the significant increase in ‘lorry drops’. The report also fou ...

22nd July 2016 By

Interesting report of tribunal expediting appeal after legal challenge

Available to ILPA members only, interesting report of the tribunal initially refusing to expedite a refugee family reunion appeal but agreeing to do so after a pre action letter was sent. Made a huge difference to the listing time. Source: Note on ex ...

22nd July 2016 By

Brexit question and answer session: video

Brexit question and answer session Last Friday evening Steve Peers, Professor of European Law at the a university of Essex, Samia Badani of New Europeans and Matthew Evans of the AIRE Centre participated in a live question and answer session organised ...

21st July 2016 By

Form AN updated: application to naturalise as a British citizen

UPDATE: A Home Office source says that the update is a mistake, incredibly. Form AN for applying to naturalise as a British citizen has just been updated to state that a permanent residence certificate or card is NOT mandatory for EEA nationals a ...

20th July 2016 By

Upper Tribunal case on availability and intention to invest under Tier 1 Entrepreneur route

The official headnote: (i) The effect of the amendment of the regime in paragraph 41/SD of Appendix A to the Immigration Rules via HC628, dated 06 September 2013, is that any application for entry clearance or leave made before 01 October 2013 is to b ...

15th July 2016 By

Which sections of the Immigration Act 2016 are in force with what effect?

The Immigration Act 2016 was signed by Her Majesty the Queen on 12 May 2016. Some sections of the Act came into effect immediately but most sections were dependent on being brought into force by commencement orders at the discretion of the Minister. W ...

14th July 2016 By

Several immigration enforcement policies added or updated

Guidance added on ‘Arrest and restraint’, ‘Enforcement interviews’, ‘Identifying people at risk’, ‘Illegal working operations’ and updated guidance on ‘Search and seizure’. The changes reflec ...

14th July 2016 By

Government launches National Transfer Scheme for asylum seeking children

On 1 July 2016 the Government launched a new National Transfer Scheme for refugee children. It enables one local authority to request transfer of an asylum seeking child to another local authority. The rationale is said to be: to encourage all local a ...

14th July 2016 By

What does Brexit Minister David Davis think about free movement?

Conveniently, David Davis MP, our new Minister for Brexit, made a detailed speech and wrote a detailed article on the subject of free movement and negotiations with the EU. From these we can see quite quickly that he does not like free movement. Of p ...

13th July 2016 By

Two new policies on asylum seeking children published

The Home Office has published two important new policies on asylum seeking children. The first is a rewritten version of the main Asylum Policy Instruction on Processing children’s asylum claims. The second is an entirely new 40 page policy inst ...

12th July 2016 By

Brexit: What should EEA and EU nationals and their family members do now?

On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward ...

12th July 2016 By

Updated Home Office country information and guidance on Albanian blood feuds

Version 2.0 of the Home Office country information and guidance on Albanian blood feud asylum claims. It isn’t immediately clear to me what has changed. If you spot anything important do leave a comment.. Source: Albania: country information and ...

11th July 2016 By

Free fast track for obtaining personal data from the Home Office

Details of free fast track service from the Home Office for obtaining your personal records. Only applies to certain computerised records but it is free rather than £10 and only takes 20 days rather than 40 days. Basically it is a faster version of t ...

7th July 2016 By

Court of Appeal says when it is “reasonable” to remove a child resident for 7 years or more

The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012 a new Immigration Rule was introduced stating that a foreign child would be permitted to remain if the child had live ...

7th July 2016 By

British citizenship deprivations 2006 to 2015

A recent Freedom of Information request reveals the number of times the Home Secretary has deprived British citizens of their citizenship over the last ten years as well as the breakdown of reasons. The raw numbers were as follows: Year Total 2006 > ...

7th July 2016 By

Free Movement reader survey 2016

I am currently commissioning some development work on the Free Movement website and it would be extremely useful if you could spare two minutes to answer the reader survey, which includes an opportunity to make suggestions about new features or change ...

6th July 2016 By

CJEU judgment on domestic violence victims: NA C-115/15

Last week the Court of Justice of the European Union gave judgment in the case of NA C-115/15 on the vexed issue of retained rights of residence for victims of domestic violence. It is hard to care given the result of the Brexit referendum but it is ...

6th July 2016 By

Updated guidance on exclusion under Article 1F of the Refugee Convention

Some significant updates to the guidance on exclusion from the Refugee Convention (both Articles 1F and 33(2)) according to the change log: updated to incorporate guidance on applying Article 33(2) of the Refugee Convention additional guidance on extr ...

6th July 2016 By

Courts and Tribunals Judiciary | Upper Tribunal Judge Retirement: Pinkerton

Upper Tribunal Judge Francis Trevor Woodman Pinkerton retires with effect from 5 July 2016. Notes to editors Upper Tribunal Judge Pinkerton (70) was admitted as a Solicitor in 1970. He was appointed a part-time Immigration Adjudicator in 1995, a full- ...

5th July 2016 By

Immigration tribunal dismisses freedom of religion case for Afghan imam

Interesting case where the appellant did not run a Refugee Convention or Article 3 ECHR case against his removal, instead relying on Article 9 ECHR, the right to freedom of religion. He argued that his religious work for and with the Afghanistan Isla ...

4th July 2016 By

Worker Registration Scheme causing problems with British citizenship for some children

Some worrying news from The Guardian: UK citizenship has been given to the children of eastern Europeans living in Britain without the proper paperwork, the Guardian has learned. The affected families come from countries including Poland and the Czech ...

1st July 2016 By

Upper Tribunal Judge Retirement: Eshun

Upper Tribunal Judge Kate Esi Eshun retires with effect from 1 July 2016. Notes to editors Upper Tribunal Judge Eshun (65) was called to the Bar (I) in 1983. She was appointed a part-time Immigration Adjudicator in 1992 and full-time Immigration Adjud ...

1st July 2016 By

What was said in Parliament about the status of EU nationals in the UK?

First of all, as I have written previously, it seems highly likely that those EU nationals and their families currently resident in the UK will be allowed to remain. We do not know on what basis but it nevertheless seems highly likely. There are very ...

30th June 2016 By

Tribunal decides it has no jurisdiction to determine whether fresh protection claim test is met

More from the tribunal on how a “protection claim” implicitly means the paragraph 353 fresh claim must be met where it applies. The tribunal must decide its jurisdiction, apparently, but not in these circumstances, where someone else must ...

28th June 2016 By

Rwandan considered involved in genocide wins UK settlement appeal

The case of Ruhumuliza (Article 1F and “undesirable”) [2016] UKUT 284 (IAC) concerns an Anglican bishop judged by the Secretary of State on the balance of probabilities to have been involved in crimes against humanity, specifically genoc ...

28th June 2016 By

Nkomo (Deportation: 2014 rights of appeal : Zimbabwe) [2016] UKUT 285 (IAC)

1. The No 3 Commencement Order of the 2014 Act, SI 2014/2771, extends the new appeals provisions to identified persons, but the amendment of it in SI 2014/2928 further extends those provisions to identified decisions. 2. In consequence, a person again ...

27th June 2016 By

Johnson (deportation – 4 years imprisonment : Sierra Leone) [2016] UKUT 282 (IAC)

When a foreign offender has been convicted of an offence for which he has been sentenced to imprisonment of at least 4 years and has successfully appealed on human rights grounds, this does not prevent the Secretary of State from relying on the convic ...

27th June 2016 By

New Country Guidance case on risk on return to Sudan

New Country Guidance case on risk on return to Sudan. The actual title of the case seems misleading as the case seems to give much wider guidance about return to Sudan generally. It was heard on 28 and 29 July 2015 and again on 4 November 2015 before ...

27th June 2016 By

Brexit Ground Zero: what now?

The people of what is currently the United Kingdom have voted to leave the European Union. What happens now? Here I am going to take a quick look at the immediate consequences for EU nationals living in the UK. In short, there are no immediate legal c ...

24th June 2016 By

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23rd June 2016 By

Supreme Court refers question to CJEU on consequences of past persecution

The Supreme Court has referred an interesting although fairly unusual question to the Court of Justice of the European Union on the entitlement to subsidiary protection of a person who has suffered awful past persecution. The full question (referring ...

23rd June 2016 By

New case on effective service under 2013 amendments

Official headnote: 1. For the purposes of Art 8ZA(2) of the Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161)(as inserted by SI 2013/174 with effect from 12 July 2013), a notice is not sent to a postal address “provided for corre ...

23rd June 2016 By

Supreme Court holds no appeal against refusal of asylum only

This judgment is of historic interest only as the right of appeal under consideration by the court was re-written by the Immigration Act 2014 anyway. For what it is worth, the old section 83 did not give a right of appeal against refusal of asylum to ...

22nd June 2016 By

Supreme Court finds migrant workers not protected by discrimination laws

In short the court concludes that immigration status as a domestic worker is not a protected characteristic under the Equality Act 2010. The court suggests that the law should be amended to remedy this protection gap and refers to the particular vul ...

22nd June 2016 By

Is there an appeal against refusal of entry clearance under the Immigration Act 2014?

Yes, there is a right of appeal against a refusal of entry clearance, even under the appeals regime introduced by the Immigration Act 2014. I mention this because a client’s appeal was just rejected by the First-tier Tribunal under rule 22 of th ...

16th June 2016 By

Are Christian converts seeking asylum getting a raw deal?

Interesting from the BBC: Converts to Christianity are being unfairly treated by the asylum system, according to a report by a parliamentary group. But how do you prove someone is Christian? The full report by the All Party Parliamentary Group for Int ...

15th June 2016 By

New entry clearance guidance on extant leave: ECB22

This documents contains information and guidance about how applicants who already hold an entry clearance can submit applications for another entry clearance. Applicants are not allowed to have two forms of leave at the same time. Source: Extant leave ...

15th June 2016 By

Latest on legal challenge to detained asylum cases

Very useful update from my colleague Shu Shin Luh: R (Hossain and Ors) v Secretary of State for the Home Department [2016] EWHC 1331 (Admin) Mr Justice Cranston this week handed down judgment in Hossain & others v SSHD, the test case (with four r ...

10th June 2016 By

Get your visa in just five working days*… for an extra £400

Get a quicker decision on your visa application if you’ve already applied by post: what forms you need, the cost and how long it takes There are significant caveats. It costs an additional £400 on top of the normal application fee. The service ...

7th June 2016 By

Massive Home Office database being created

Interesting from The Register. The Home Office seems to have commissioned a massive restructuring of its databases to enable simple tracking and search for officials, police and immigration officers. At least it consulted… The public? Parliamen ...

6th June 2016 By
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