Date stamp does not not confer ILR in returning resident cases

A date stamp in a passport or travel document does not confer ILR in cases of returning residents, the Upper Tribunal has held in an interesting case. The facts make it all the more interesting: it involves a recognised refugee from Libya who had retu ...

15th March 2016 By

Tribunal sticks to its guns on Waqar, fresh claims and appeals

The tribunal is sticking to its guns on whether a human rights claim must meet the paragraph 353 test for fresh claims in order to give rise to a right of appeal: 1. Notwithstanding the amendments brought about by the Immigration Act 2014 to the types ...

14th March 2016 By

What rules does a Tier 4 student need to meet if college loses licence?

What requirements does a Tier 4 student need to meet if his or her college loses its sponsor licence whilst they wait for a decision on an application to extend their stay? In this case, the student received a letter telling him that the Home Office h ...

14th March 2016 By

Tribunal retains jurisdiction to vary bail conditions unless bail is finite

UPDATE: overturned by the Court of Appeal in R (On the Application Of Raza) (Pakistan) v The Secretary of State for the Home Department [2016] EWCA Civ 807. R (on the application of Raza) v Secretary of State for the Home Department (Bail – con ...

14th March 2016 By

Statement of changes to the Immigration Rules: HC877

A new set of Immigration Rules has been laid in Statement of Changes HC877. The changes take effect on 6 April 2016. You can access the explanatory notes or the full rules or both together. There are a LOT of changes. Stand out features include: Thos ...

11th March 2016 By

Reference made to CJEU on EEA citizens who naturalise as British losing benefits of Treaty rights

The result of this reference on the free movement rights of EEA citizens who naturalise as British and thus become dual citizens will be very interesting and important. The transitional provisions in Schedule 3 to the Immigration (EEA) (Amendment) R ...

11th March 2016 By

No right to apply for permission to rent under “right to rent” scheme

The “right to rent” scheme and legislation refers to a mysterious “permission to rent” which can be granted by the Secretary of State, presumably to those who do not otherwise possess the right to rent. Section 21(3) of the Imm ...

11th March 2016 By

Is it unlawful for the UK to curtail the visas of Japanese nationals?

Is it unlawful for the UK to curtail the visas of Japanese nationals? Maybe. Maybe not. See Article 3(3) of the Treaty of Commerce, Establishment and Navigation between the United Kingdom of Great Britain and Northern Ireland and Japan (14 November 19 ...

10th March 2016 By

Free Movement’s 9th birthday

The Free Movement blog has turned nine; the first blog post was published on 7 March 2007. In the last nine years the blog has received over 6.3 million page views. The single most popular blog post was about Paddington Bear (109,429) but in a depress ...

10th March 2016 By

Detention of Somali criminal for political reasons ruled unlawful

The High Court has in the case of R (On the Application Of Mohammed) v Secretary of State for the Home Department [2016] EWHC 447 (Admin) ordered the release of a Somali national with a number of very serious convictions on the basis that there was no ...

9th March 2016 By

Home Office concessions for Syrians in the UK on extending their leave

The document entitled Guidance on how Syrian nationals in the UK can extend their visa based on the concessions to the Immigration Rules was updated on 29 February 2016. Essentially, it allows Syrians in the UK as Tier 4 or short term students, family ...

8th March 2016 By

Inspectors: Refugees held in “wholly unacceptable” conditions in freight shed

An unannounced inspection of short term detention facilities for refugees and migrants crossing the Channel into the UK has revealed that hundreds, including many children, have been held in “wholly unacceptable” and insanitary conditions ...

8th March 2016 By

No special rule for public authorities in litigation

In the case of Secretary of State for the Home Department v Begum [2016] EWCA Civ 122 the claimant was a Pakistani national aged 70. She had applied for leave to remain in the UK, her application had been refused by the Home Office and she had appeal ...

7th March 2016 By

EU Charter of Fundamental Rights creates freestanding rights in immigration law says tribunal

Abdul (section 55 – Article 24(3) Charter : Nigeria) [2016] UKUT 106 (IAC) is a case involving a Nigerian national aged 41 who had resided in the UK for 25 years and who had two British daughters aged 11 and 13. He had acquired a permanent righ ...

4th March 2016 By

London rioter wins deportation appeal in Court of Appeal

58. In 2003 the claimant, a Zambian national who had only ever lived in Zimbabwe, came to the UK at the age of 9. His family settled in the UK and obtained British citizenship. In August 2011 the claimant took part in the London riots. As a result, in ...

2nd March 2016 By

Massive increase in family immigration fees for 2016-17

UPDATE: for the fees for 2017-18 see here. The Home Office first proposed and is now going ahead with a massive 25% increase in already high immigration application fees for families for the year 2016-17. The changes will be implemented on 18 March ...

2nd March 2016 By

New Home Office guide to Tier 4 student applications

A welcome effort by the Home Office to explain and encourage Tier 4 student applications: The UK recognises the important contribution international students make, and welcomes those who wish to study at our world-class institutions. This leaflet is ...

1st March 2016 By

Chief Inspector of Borders and Immigration criticises Home Office complaint handling

The Chief Inspector of Borders and Immigration, David Bolt, has published a new report which is highly critical of Home Office complaint handling. The findings echo those of the Parliamentary and Health Service Ombudsman from November 2015. Bolt and h ...

1st March 2016 By

Inspectors reveal desolate, appalling conditions at Harmondsworth detention camp

The new HM Chief Inspector of Prisons is not holding his punches. Peter Clarke’s first report is on the Harmondsworth detention camp used for short and long term detention of migrants near Heathrow airport. In an unannounced inspection his team ...

1st March 2016 By

Presumption of readmission for EEA nationals to attend deportation appeals

Further to the decision of Blake J in the case of Gheorghiu (reg 24AA EEA Regs – relevant factors) [2016] UKUT 24 (IAC) (FM post: Upper Tribunal considers when EEA nationals should be readmitted to UK to attend own deportation appeal hearings) t ...

26th February 2016 By

New Country Guidance case on trafficked women from Albania

Official headnote: Much of the guidance given in AM & BM (Trafficked women) Albania CG [2010] UKUT 80 (IAC) is maintained. Where that guidance has been amended or supplemented by this decision it has been highlighted in bold: & ...

25th February 2016 By

Home Office fails in attempt to deport Italian man resident in UK for 60 years

The Court of Appeal has in the case of Secretary of State for the Home Department v Vassallo [2016] EWCA Civ 13 rejected the Home Secretary’s efforts to deport an Italian man who has been resident in the UK for more than 60 years. Benedetto Vassallo ...

25th February 2016 By

Is the UK Government selling British passports?

A few snippets from a recent debate in the House of Lords. An amendment to the current Immigration Bill currently wending its way through Parliament was tabled which would close the Tier 1 Investor route. This type of visa is obtained by making an inv ...

24th February 2016 By

New Asylum Policy Instruction on further submissions by failed asylum seekers

Changes from last version of this guidance updated to reflect Immigration Act 2014 changes since v8.0 clarification on how paragraph 353 applies to human rights only cases, including valid applications made under the Immigration Rules after an earlie ...

24th February 2016 By

BHT Brighton Advice Service recruiting immigration solicitor or adviser

Our advice services in Brighton provide specialist legal advice, casework and representation on housing, asylum and immigration matters together with one off advice provided over the telephone or at drop in sessions, and digital advice via webcam on h ...

22nd February 2016 By

Upper Tribunal can make wasted costs orders for appeals under 2005 rules

Section 29(4) of the Tribunals, Courts and Enforcement Act 2007 results in the Upper Tribunal having powers in relation to the making of wasted costs orders (as defined in section 29(5)) which are not subject to the limitations in s.29(3) or r.10 of t ...

18th February 2016 By

Failure to protect trafficking victim breached Article 4 ECHR

Interesting article (in English) on the recent case of L.E. v Greece (Application No 71545/12) (in French) in which the European Court of Human Rights held that Greece had breached Article 4 ECHR by failing to fulfil its positive obligations to recogn ...

17th February 2016 By

January 2016 immigration update podcast

Welcome to the January 2016 edition of the Free Movement immigration update podcast. In this episode I start on immigration fees and the Shaw Review, cover a long list of tribunal cases on various issues, move on to some higher court cases on EU depo ...

15th February 2016 By

Colin is away until 22 February 2016

I am away until 22 February 2016 but the blog now has a mind of its own and will continue bringing you commentary and updates about immigration and asylum law in my absence. Who knows, it might be better at it than me now. ...

12th February 2016 By

Official guidance on foreign witnesses required to give evidence at a trial in the UK

Interesting: This page tells you about law enforcement agencies (LEAs) making requests to the Home Office to allow a foreign national to enter or remain in the UK to give evidence at a trial. Due to the international element of serious and organised c ...

12th February 2016 By

Handbook on European law relating to asylum, borders and immigration

Interesting publication aimed at non specialist lawyers from the European Union Agency for Fundamental Rights covering EU and ECHR law on 3rd country nationals (not EEA citizens): Handbook on European law relating to asylum, borders and immigratio ...

12th February 2016 By

Rule imposing mandatory refusal for deception is not ultra vires says Court of Appeal

Rule imposing mandatory refusal for deception is not ultra vires says Court of Appeal. Unsurprisingly. A student was convicted for driving with excess alcohol and also for driving without due care and attention. He was made subject to a community ord ...

12th February 2016 By

David Allen Green on the revival of legal blogging

Very kind mention for my piece on Paddington here, described as “magnificent and delightful”. Thank you, David! Do check out the other blogs, all of which I follow and find inspiration in. As David discusses, it is a mystery that more soli ...

11th February 2016 By

Sending an immigration decision to an email address is effective service

Sending an immigration decision to an email address is effective service, subject to rebuttal: (1)    Notice of a decision (not falling within the Immigration (Notices) Regulations 2003) is “given” for the purposes of s.4(1) of the Imm ...

11th February 2016 By

Proper reasons must be given for totally without merit certificates

The Court of Appeal has returned to the issue of “totally without merit” certificates in judicial review cases. These certificates can be imposed by a judge who refuses permission for an application for judicial review on the papers and it ...

11th February 2016 By

Press conference by lawyers at Calais migrants camp

Press release The Legal Centre, located in the heart of the Calais slum and created on the Calais’ Appeal initiative that gathers more than 50 000 signatories, invites you to a press conference on Friday, February 12th at 11:00 am, at our office, to ...

10th February 2016 By

Appeal lapses if leave is granted unless active notice is given to tribunal

The headnote is a tad Delphic on this one: Inaction is not giving notice for the purposes of s 104(4B). Section 104(4B) concerns whether appeals might be treated as abandoned in certain circumstances. Where leave is granted during an appeal, section 1 ...

10th February 2016 By

Tribunal interprets spouse extension rule on overstay, required documents and language certificate

The Upper Tribunal interprets spouse extension rule paragraph 284 on overstay and valid applications, required documents and whether an old English language certificate is sufficient in a refreshingly realistic and enabling determination: (i) The cor ...

10th February 2016 By

Indian student couple detained in dawn raid lose claim for unlawful detention

UPDATE 10/2/16: the judge has withdrawn the judgment. A married Indian couple detained in a dawn raid have lost their claim for unlawful detention. After successfully studying in the UK for some years, Ms Joshi’s latest application ran into ...

9th February 2016 By

Consecutive sentences do not a foreign criminal make

A person sentenced to a term of 12 months imprisonment made up of consecutive terms is not a ‘foreign criminal’ within the meaning of the deportation provisions of the Immigration Rules and is not therefore subject to paragraph 398 of thos ...

9th February 2016 By