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

Tribunal orders Home Office to arrange DNA test for Yezidi children at Calais

Two children in the Calais camp applied to join their mother in the UK, who had been recognised as a refugee in 2010. There were both from the Yezidi minority in Iraq. She had not mentioned her children when she applied for asylum and the Home Office ...

30th May 2016 By

Court of Appeal finds £22.15 annual shortfall does not qualify as de minimis

The extension application of a Tier 2 skilled worker whose annual salary was found to be £22.15 per year short of the specified requirement was refused. The First-tier and Upper Tribunal allowed her appeal on the basis that the shortfall was so small ...

27th May 2016 By

Chief Inspector highly critical of Home Office internal review process

The Immigration Act 2014 removed rights of appeal to an independent judge against refusal of many immigration decisions, replacing appeals with a system of internal review within the Home Office. It is called Administrative Review. The Chief Inspecto ...

26th May 2016 By

The Immigration Act 2016 (Commencement No. 1) Regulations 2016

These Regulations bring into force specified provisions of the Immigration Act 2016. Regulation 2 lists the provisions which come into force on 31st May 2016 and regulation 3 lists the provisions which come into force on 12th July 2016. The new crimin ...

26th May 2016 By

Committee on the Rights of the Child reviews the report of the United Kingdom

In the ensuing dialogue, Committee Experts expressed concern about the possible repeal of the 1998 Human Rights Act as it was feared that the new Bill of Rights would weaken the protection of children’s rights.  Experts were very worried about the ...

26th May 2016 By

“The Claimant is not a particularly worthy, likeable or sympathetic individual…”

I said during the course of the hearing words to the effect that the Claimant is not a particularly worthy, likeable or sympathetic individual, and that there must be at least a risk that any award of damages would not be put to good use. I do not wit ...

25th May 2016 By

When will there be a new Detained Fast Track for asylum seekers?

Not in the foreseeable future, suggests Jerome Phelps of Detention Action over at openDemocracy. The Home Office had proposed new fast track procedure rules but have been politely rebuffed by the Tribunal Procedure Committee: The political pressure o ...

24th May 2016 By

Relatives of refugee child win appeal against refusal of entry

The President of the Upper Tribunal, Mr Justice McCloskey, has allowed on human rights grounds the appeal of the mother and brother of a refugee child from Eritrea. The mother and brother were the appellants and the child in the UK was the sponsor. Th ...

20th May 2016 By

Court of Appeal finds that Exceptional Case Funding regime is lawful

The Court of Appeal has found that the Exceptional Case Funding regime for legal aid is lawful, overturning the decision of Collins J in the High Court ([2015] EWHC Admin 1965). The issues are distinct to R (on the application of Gudanaviciene &am ...

20th May 2016 By

Premium visa upgrade request form

New to me at any rate: Form to request for your submitted postal visa application to be transferred to our premium service. Source: Premium visa upgrade request form – Publications – GOV.UK ...

20th May 2016 By

High Court finds Adult Dependent Relative rule lawful but opens door to individual challenges

The challenge by organisation Britcits to the virtual prohibition on the entry of adult dependant relatives introduced in 2012 has been dismissed: R (on the application of Britcits) v Secretary of State for the Home Department [2016] EWHC 956 (Admin) ...

20th May 2016 By

Tribunal no longer able to allow or dismiss appeals under Immigration Act 2014 regime

Upper Tribunal Judge Ockelton has drawn attention to the potential issues surrounding the evisceration of the tribunal’s statutory remit by the Immigration Act 2014 in a new reported decision, Katsonga v Secretary Of State For The Home Departme ...

19th May 2016 By

Court of Appeal says children can be required to be x-rayed to challenge age assessment in court

Interesting and controversial case on X-rays and age assessment from the Court of Appeal: London Borough of Croydon v Y [2016] EWCA Civ 398 (26 April 2016). Essentially, the Court holds that the claimant would have to agree to an age assessment by mea ...

18th May 2016 By

Removal of married lesbians to India not a flagrant violation of family life

The Court of Appeal has held that the removal of married lesbians to India would not be a flagrant violation of their family life. Paragraph 7 sums up the issues: The FTT found that the appellants would continue to live together as a couple in India a ...

18th May 2016 By

Immigration detainees banned from Twitter and Facebook

A new Detention Services Order 04/2016 about internet access for detainees has just been published. This is the first time the Home Office has set central guidelines on internet access for immigration detainees. The Order makes clear that al ...

17th May 2016 By

Costs in public law cases: what counts as a win?

The issue of costs in immigration cases continues to vex the courts. It is supposed to be unusual for the higher courts to have to deal with costs issues but in recent years we have seen some very low quality and controversial costs decisions at first ...

17th May 2016 By

Petition on immigration appeal fees: please sign

I’m not sure it was very wise to start this petition given how few people have signed it (1,254 at the time of writing). But we are where we are, so if you have not signed yet please do. The proposed increases are staggering. They would make the ...

16th May 2016 By

Presidential guidance on amending claims for judicial review

Presidential guidance on amending claims for judicial review: (i) The amendment of a judicial review claim form preceding the lodgement of the Acknowledgement of Service does not require the permission of the Tribunal. Such permission is required in a ...

16th May 2016 By

Court of Appeal unhappy with Home Office position and submissions in student case

“Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to des ...

16th May 2016 By

*UPDATED* Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination

President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secr ...

13th May 2016 By

Evidential flexibility policy is additional to the provisions of the Immigration Rules

In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was R ...

11th May 2016 By

Afghan interpreters for UK armed forces lose claim that relocation scheme was unlawful

Former interpreters for UK armed forces in Afghanistan have lost their claim that the Afghn interpreter relocation scheme was unlawful on the basis it was less generous than the Iraqi equivalent. They succeeded on the basis that the public sector equa ...

10th May 2016 By

New Home Office instruction on risk assessment for immigration detainees

A new Detention Services Order, DSO 03/2016, has been issued by the Home Office. The name is innocuous — Considering detainee placement — but we can hope that it will have a significant impact because what it really requires is a proper ri ...

9th May 2016 By

Stop deportation without fair trial: funding sought for challenge to Operation Nexus

The excellent AIRE Centre are fundraising for a challenge to Operation Nexus, the joint Met Police and Home Office initiative that allows people to be deported from the UK without any convictions. It is not just foreign nationals that are being targe ...

9th May 2016 By

Claimant duty of candour in judicial review proceedings

Hot on the heels of a new consultation on the duty of candour in judicial review proceedings, the Court of Appeal has handed down an important judgment on the same subject: R (on the application of Khan) v Secretary of State for the Home Department [2 ...

9th May 2016 By

February 2016 immigration update podcast

Welcome to the February 2016 edition of the Free Movement immigration update podcast. In this episode I cover a few policy issues then move on to a huge number of cases, most of which are only going to get a fairly brief mention to alert you to what i ...

5th May 2016 By

Upper Tribunal Judge Retirements: Chalkley and Taylor

Upper Tribunal Judge Richard Chalkley retires with effect from 1 May 2016. Upper Tribunal Judge Chalkley (67) was admitted as a Solicitor in 1974. He was appointed a part-time Immigration Adjudicator in 1995, part-time Special Immigration Adjudicator ...

5th May 2016 By
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