Immigration tribunal can appoint litigation friend despite no provision in the rules

In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person ...

27th April 2016 By

Important guidance case for trafficking litigation

MS -v- SSHD AA/07855/2013 Useful note from Kalvir Kaur at the Anti Trafficking and Labour Exploitation Unit (ATLEU). Thanks for circulating, Kalvir: In a strongly worded judgment, The Hon. Mr Justice McCloskey, President and Upper Tribunal Judge Blu ...

26th April 2016 By

Massive increase in immigration appeal fees proposed

The Government is proposing a massive fivefold increase in immigration appeal fees in order to make the immigration tribunal the only part of the court and tribunal service entirely self funded by fees: We therefore propose increasing fees in the ...

21st April 2016 By

I Am A Refugee campaign by JCWI: donations needed

JCWI is running a new fundraising campaing to create a series of plaques in the style of the blue national heritage ones to celebrate the contribution of refugees to our society over time. …In fact refugees have historically been huge contribut ...

21st April 2016 By

BBC investigation into unlawful detention claims

Excellent report by Catrin Nye into unlawful immigration detention and the compensation paid to those wrongfulyl detained. Good to see Conservative MP Tim Loughton speaking out on the wastefulness of the process, the pointlessness of detaining then re ...

20th April 2016 By

Me on The World At One about Michael Gove’s EU law claims

Michael Gove yesterday claimed amongst other things that: Inside the EU we have to accept that anyone with an EU passport – even if they have a criminal record – can breeze into this country. That will include countries in the pipeline to join the ...

20th April 2016 By

Garden Court Chambers Immigration Team is recruiting

The Garden Court Chambers Immigration Team wishes to recruit two outstanding advocates who can demonstrate a strong commitment to civil liberties. We expect to recruit individuals with up to three years post qualification experience. Candidates must ...

19th April 2016 By

Supreme Court allows appeal against residence test for legal aid

The Supreme Court has allowed the appeal against the residence test for legal aid, overturning the Court of Appeal judgment in favour of the Home Office. The basis for the Supreme Court’s decision is that the Lord Chancellor, Chris Grayling at ...

19th April 2016 By

Does limiting judicial resources change judicial behaviour?

In a VERY interesting paper, Robert Thomas of the University of Manchester analyses the statistics on judicial review cases since they were transferred from the Administrative Court to the Upper Tribunal. He finds that the number and proportion of cl ...

19th April 2016 By

Calculating annual salary under Tier 2 when paid weekly

Case on calculating annual salary under Tier 2 when the applicant is paid weekly: The effect of paragraph 14 of Appendix J to the Immigration Rules is that other than where an applicant has contracted weekly hours or is paid an hourly rate, the approp ...

18th April 2016 By

Appellant must prove proxy marriage is lawful in country in which it was contracted

An EEA appellant must prove a proxy marriage is lawful in country in which it was contracted and in the relevant EEA Member State: It will be for an appellant to prove that their proxy marriage was in accordance with the laws of the country in which i ...

18th April 2016 By

Immigration decision triggers right of appeal, not notice of decision

It is the immigration decision that triggers the right of appeal, not the notice of decision: Singh (No immigration decision – jurisdiction)[2013] UKUT 440 (IAC) is authority for proposition that the First-tier Tribunal has jurisdiction to hear ...

18th April 2016 By

Tribunal defines meaning of “persistent offender”

1. The question whether the appellant “is a persistent offender” is a question of mixed fact and law and falls to be determined by the Tribunal as at the date of the hearing before it. 2. The phrase “persistent offender” in s.1 ...

15th April 2016 By

Portrait of an immigration lawyer

The long read: It has never been easy to win as an immigration lawyer – but now the government is trying to make it impossible If you haven’t seen this already you really should. Source: The lawyer who takes the cases no one wants | Aida Edema ...

15th April 2016 By

De minimis principle does not apply to Immigration Rules, holds President

A student was for 20 days a total of £11.68 short of the required funds of £2,040, which were required to be held for 28 days continuously. In percentage terms, that would be a shortfall of 0.57%. Taking a hard line, President McCloskey holds: The ...

15th April 2016 By

Time limit for degree level includes study below degree level

Periods of study for a qualification below degree level, are capable of being counted as time spent studying at degree level for the purpose of paragraph 245ZX(ha), if the period of study is taught at degree level, and when the qualification itself is ...

14th April 2016 By

New AG Opinion favours protection for victims of domestic violence

The final judgment of the court in SSHD v NA Case C‑115/15 (previously NA (Pakistan) [2015] EWCA Civ 140) will come later this year, but the Advocate General Opinion released today suggests that victims of domestic violence should retain EU law ri ...

14th April 2016 By

“Past presence test” for DLA benefit unlawfully discriminates against refugees

In this case the Upper Tribunal Administrative Appeals Chamber finds that the “past presence test” for Disability Living Allowance unlawfully discriminates against refugees and their families. The offending provision is “disapplied&# ...

13th April 2016 By

The Chief Inspector releases his Inspection Plan for the next three years

The Chief Inspector of Borders and Immigration has published his Inspection Plan for the next three years. It includes inspections on sham marriages, landlord immigration checks, NHS charging, exit checks and litigation (including Home Office Presenti ...

12th April 2016 By

Section 3C leave does not always protect during appeals

The Home Office has issued a new updated version of its policy on section 3C and 3D leave: Leave extended by section 3C (and leave extended by section 3D in transitional cases). Section 3C and 3D leave is an automatic type of leave created by an amen ...

11th April 2016 By

President gives guidance on linked family cases, 7 year rule and Article 8

The President has issued an important determination on the correct approach to multiple applications and appeals from family members, specifically a parent or parents and a child or children with 7 years of residence. The case is PD and Others (Artic ...

4th April 2016 By

Unremovable Iraqi not entitled to status finds High Court

An Iraqi national who entered the UK in 2002 and had been considered “unremovable” by the Home Office since 2005 was not entitled to any form of status, the High Court has found. Paragraph 353B did not avail the claimant and the case of Ha ...

31st March 2016 By

Can time spent under EU law count towards a 10 year residence application?

Someone recently asked me whether time spent under EU law can count towards a 10 year long residence application so I thought I would flag up the answer for others as well. In short, “yes”. I would have thought there would be relatively f ...

30th March 2016 By

Family member of EU national awarded £136,000 damages against Home Office

A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inac ...

30th March 2016 By

Summary of Upper Tribunal judgment on ETS challenge available

Still no sign of the full judgment being available, just this summary and this press release from the solicitor. Summary of the summary: 8. Ultimately, the Tribunal has subjected all of the evidence to detailed and careful scrutiny. Having done so, it ...

23rd March 2016 By

Immigration skills charge confirmed at £1,000 per year per migrant worker

The Government has confirmed that the Immigration Skills Charge will be set at £1,000 per year per migrant worker sponsored under Tier 2 of the Points Based System. A lower rate will apply for small businesses and charities. On 21 March 2016 in a Hou ...

23rd March 2016 By

Waiting times for EEA residence applications

I recently made a partially successful Freedom of Information request on waiting times for different types of EEA residence documents. The information for the whole of 2015 taken as an average was released but not more recent information on current wa ...

23rd March 2016 By

Immigration judicial review: Perspectives from the Tribunal President

The Law Society is hosting a talk by Mr Justice McCloskey on immigration judicial review cases, following up on the excellent practice note on the same subject. The event is a free one on 5 May 2016 and details can be found here. The lecture will be f ...

22nd March 2016 By

Update to Surinder Singh ebook

I have belatedly updated my Surinder Singh ebook, which is now available for purchase or to be downloaded by previous customers who created a user account at the time of purchase. There are some quite significant changes and additions. I no longer rec ...

22nd March 2016 By

Council of Europe Commissioner condemns anti-migration rhetoric by Cameron and May

The Council of Europe Commissioner for Human Rights today published a Memorandum addressed to the UK Immigration Minister, James Brokenshire, in which he condemns the use of anti migrant language and rhetoric by Ministers including David Cameron and T ...

22nd March 2016 By

Arson attack on French lawyers in Calais

Very upsetting news on Saturday from the French lawyers in the migrant camp in Calais. You can donate here to show solidarité. Today, March 17th 2016, just prior to 6 p.m., an arson attack was committed against the wooden cabin occupied by the Calai ...

21st March 2016 By

New EU task force to impose common asylum standards

An interesting set of draft Council conclusions on convergence in asylum decision practices obtained by Statewatch sets out a roadmap towards greater consistency in asylum decision making. There is a lot of work to do on this front, as shown by IRIN ...

21st March 2016 By

New CJEU ruling on procedural protection in legal challenges to EU law decisions

In an interesting but almost impenetrable judgment, the Court of Justice of the European Union gives some guidance on procedural protections available to those bringing challenges to EU law decisions which adversely affect them. The case is Benalla v ...

18th March 2016 By

Increases to immigration judicial review fees from 21 March 2016

Big increase to fees for immigration judicial review applications from 21 March 2016. See paragraph 4 of the Civil Proceedings, Family Proceedings and Upper Tribunal Fees (Amendment) Order 2016: (a)  for the entry corresponding to fee 2.1 (applicati ...

17th March 2016 By

Home Office concedes its new rules risk abuse of overseas domestic workers

Just a quick catch up post to alert readers to the Government’s response to the damning report by James Ewins, published on 17 December 2015, and developments since then. The review concluded that the Coalition Government’s amendments to t ...

17th March 2016 By

Right to Remain Toolkit

The fantastic organisation Right to Remain have published their Toolkit for migrants seeking to understand and defend their legal position in the UK. It is a great resource and I can highly recommend it: The Right to Remain Toolkit is a guide to the ...

17th March 2016 By

JCWI publishes guide to Right to Rent: A Tenant’s Guide to the Landlord Immigration Checks

This guide is intended for tenants and those advising individuals in the private rented sector. This includes those currently renting as well as those seeking a property to rent. It is intended as a guide to ensure that tenants and practitioners under ...

17th March 2016 By

Encouragement and incitement sufficient to exclude refugees from Convention protection

Encouragement and incitement is sufficient for a refugee to fall within the exclusion clauses of the Refugee Convention, the tribunal has held: For a person to be excluded from refugee protection under Article 1F(c) of the Refugee Convention on the ba ...

16th March 2016 By

Statutory human rights considerations apply to child and adult alike

The tribunal has held, inevitably, that the statutory human rights considerations apply to children as well as adults, although other considerations must also be taken into account: (i) In section 117B(1)-(5) of the Nationality, Immigration and Asylu ...

15th March 2016 By

Family life can be precarious even though Parliament forgot to mention it

Family life can be precarious even though Parliament forgot to mention it in the statutory considerations on Article 8. Or The Home Office May Have Its Cake And Eat It. That “precariousness” is a criterion of relevance to family life as we ...

15th March 2016 By