June 2018 immigration update podcast

Welcome to the June 2018 edition of the Free Movement immigration update podcast. I start this month with a whistle-stop tour of some of the latest changes to the Immigration Rules before highlighting a couple of procedural changes, including the end ...

3rd August 2018 By

Refugee appeals against revocation of refugee status should be dismissed if appellant not a refugee

This is probably a determination best ignored, from the judge who brought us Sala. The headnote reads: 1. An appeal under s 82(1)(c) is an appeal against revocation of the basis upon which the leave referred to in s 82(2)(c) was granted. 2. The only a ...

27th July 2018 By

People can now be deprived of their British citizenship by email

Some amendments to the British Nationality (General) Regulations 2003. From the explanatory notes: Regulation 2 amends regulation 3 of the 2003 Regulations, as a consequence of the amendment made by regulation 4 of these Regulations, and requires app ...

25th July 2018 By

Home Office unlawfully nullifies British citizenship in hundreds of cases

New figures from the Home Office show that hundreds of British citizens have unlawfully had their citizenship nullified since 2013. A Freedom of Information request by the author revealed that there were 262 decisions to nullify British citizenship be ...

18th July 2018 By

Court of Justice finds Surinder Singh applies to extended family members

The unmarried partner of a British citizen who returns to the UK having resided in another EU country does have rights under EU law, the Court of Justice of the European Union has today held in the case of C‑89/17 Banger v UK. The court also finds ...

12th July 2018 By

Court of Appeal chastises barrister over conduct of asylum appeal

Another shot fired in the ongoing skirmishes between judges, perhaps starting to feel some of the workload pressure that legal aid lawyers have been labouring under for years, and immigration practitioners. Last week a JUSTICE report ominously recomme ...

10th July 2018 By

May 2018 immigration update podcast

Welcome to the May 2018 edition of the Free Movement immigration update podcast. It was a bumper month for immigration and asylum law updates, with 61 posts published on Free Movement in May. I can’t possibly cover everything, but the highlights ...

6th July 2018 By

Home Office makes almost £100 million from children registering as British citizens

Home Office profit on the fees charged to children exercising their right to British citizenship comes to nearly £100 million over the past five years, Free Movement analysis has shown. The controversially high fee for the citizenship process known a ...

4th July 2018 By

What are the 10 and 20 year rules on long residence?

The Immigration Rules allow people to apply to remain in the UK on the basis of long residence. Those here lawfully can apply for indefinite leave to remain following 10 years’ continuous lawful residence in the UK. Those who had periods of overstay ...

26th June 2018 By

Tribunal belatedly ends Home Office exemption from judicial review time “rules”

Since 2014 the Upper Tribunal has permitted the Home Office double the normal time limit set by the procedure “rules” for responding to an application for judicial review. Instead of having the 21 days proscribed by the “rules” ...

25th June 2018 By

Guidance on trafficking cases in absence of a Conclusive Grounds decision

Can’t for the life of me see why this has been reported but I lost the will to live before reaching the end. Maybe you’ll have better luck than me. In cases in which there is no “Conclusive Grounds” decision: (i) If a person (& ...

22nd June 2018 By

“Lawfully resident” in deportation exceptions includes residence after leave invalidated by deportation decision

The official headnote of Tirabi (Deportation: “lawfully resident”: s.5(1)) [2018] UKUT 199 (IAC): For the purposes of applying to para 399A of the Rules and s. 117C of the 2002 Act a definition of “lawfully resident” analogous ...

21st June 2018 By

Boys to men: how to prepare asylum appeals for young Afghans

There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The latest immigration statistics show that Afghans are still outside the top five nationalities claiming asylum in t ...

21st June 2018 By

Tribunal contradicts itself on meaning of “foreign criminal”

So, we now have Andell (foreign criminal – para 398) [2018] UKUT 198 (IAC), the official headnote to which says: Paragraph 398 of the Rules includes not only foreign criminals as defined in the 2002 Act and the 2007 Act but also other individual ...

20th June 2018 By

Opening a window into the soul: how to prepare asylum claims based on religion

“I would not open windows into men’s souls,” said Elizabeth I. But that is exactly the task facing those charged with deciding asylum claims based on religion or belief. Is a professed conversion to another religion, or to non-religion, sincere ...

20th June 2018 By

Refugee status not lost because part of home country is now safe

Official headnote to MS (Art 1C(5)- Mogadishu) [2018] UKUT 196 (IAC): The Secretary of State is not entitled to cease a person’s refugee status pursuant to Article 1C(5) of the Refugee Convention solely on the basis of a change in circumstances ...

19th June 2018 By

What is the legal definition of a “refugee”?

This week is Refugee Week. On Free Movement we try to communicate complex legal issues in immigration and asylum law in a clear way and here we answer the question “what is a refugee?” We’ll have a load of other refugee related conte ...

18th June 2018 By

Briefing: What are the barriers to British citizenship for EU nationals?

The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for British citizenship. Ms Lockton lived in the UK for 39 years, was married to a British citizen and h ...

14th June 2018 By

April 2018 immigration update podcast

Welcome to the April 2018 edition of the Free Movement immigration update podcast. This was the month that the Windrush scandal came to a head, so I start by focusing on the fallout from that before looking at an issue that would otherwise have led th ...

8th June 2018 By

Tribunal opens door to awards of costs against Home Office for unreasonable behaviour

A heavyweight Presidential panel sitting in the First-tier Tribunal has made multiple awards of costs against the Home Office for unreasonable behaviour and given guidance on the proper approach to making such awards in future. Despite the decision be ...

23rd May 2018 By

How quickly could Meghan Markle get British citizenship and what are the requirements?

So, the Royal Wedding approaches. But once the bunting is bought, the flags are flown and the merchandise marketed, what happens next for Meghan Markle and Prince Harry? Will they live happily ever after and, if so, where and with what visa? Princes a ...

14th May 2018 By

March 2018 immigration update podcast

Welcome to the March 2018 edition of the Free Movement immigration update podcast. This month I start on the Brexit outlook for EU citizens before turning to several immigration law issues affecting children that came to light in March. The Upper Trib ...

9th May 2018 By

Immigration Act 2016: changes to immigration bail and detention powers now in force

Significant changes to immigration detention powers and a new status called “immigration bail” came into force on 15 January 2018. The Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2017 commence sectio ...

2nd May 2018 By

Briefing: what is the hostile environment, where does it come from, who does it affect?

Theresa May declared in an interview with the Telegraph in May 2012 that she wanted to create a “really hostile environment” for irregular migrants in the UK. In this blog post we look at the evolution of the hostile environment, consider what m ...

1st May 2018 By

Former Home Secretary Amber Rudd admits Home Office detains migrants who cannot be removed

Amber Rudd, who was Home Secretary when I started writing this short blog post but not by the time I had finished, has admitted that the Home Office detains migrants “that we have no realistic hope of removing from the country.” The admiss ...

29th April 2018 By

How EU citizens could automatically get residence rights after Brexit

The default position when EU law no longer applies in the UK is to render EU citizens unlawfully resident. The proposed “settled status” scheme has been designed to prevent this, but perhaps its defining characteristic when compared with t ...

27th April 2018 By

Windrush cases and the standard of proof: moving the goalposts

What is the standard of proof for immigration applications? Both lawyers and non-lawyers are entitled to find that question baffling. Non-lawyers because it’s jargon, but the standard of proof basically means: how sure does the Home Office have ...

24th April 2018 By

Upper Tribunal: deported person remains “liable to deportation”

Not a huge surprise, this one. The official headnote for Williams (scope of “liable to deportation”) [2018] UKUT 116 (IAC): (1) A person who has been deported under a deportation order that remains in force is a person who is liable to deportation ...

23rd April 2018 By

Book review: Unity in Adversity: EU citizenship, social justice and the cautionary tale of the UK by Charlotte O’Brien

We are told repeatedly by UK politicians that EU citizenship is too expansive; it confers too many rights to encourage too much freedom of movement to too many people. This is why The British People voted to leave in the 2016 referendum, we are told. ...

20th April 2018 By

Tribunal sets out current approach to assessing whether out-of-country appeal is adequate

AJ (s 94B: Kiarie and Byndloss questions) Nigeria [2018] UKUT 115 (IAC). Not much to say on this one as the headnote is self explanatory: (1) In the light of Kiarie and Byndloss v Secretary of State for the Home Department [2017] UKSC 42, the First-ti ...

16th April 2018 By

Tribunal finally asks: what is a human rights appeal anyway?

Nearly three years after the main appeal provisions of the Immigration Act 2014 commenced, the Upper Tribunal has turned its attention to the question lying at the heart of almost all appeals lodged since then: what is a human rights appeal anyway? Th ...

16th April 2018 By

Upper Tribunal: automatic deportation regime relieves Secretary of State of decision-making function

Official headnote to Yussuf (meaning of “liable to deportation”) [2018] UKUT 117 (IAC): Section 32 of the UK Borders Act 2007 impliedly amends section 3(5)(a) of the Immigration Act 1971 by (a) removing the function of the Secretary of State of d ...

11th April 2018 By

Tribunal confirms Home Office decides what tribunal can consider

The Upper Tribunal has confirmed and applied the earlier case of Mahmud (S.85 NIAA 2002 – ‘new matters’) [2017] UKUT 488 (IAC) on what constitutes a “new matter” for the purpose of an appeal. In short, it seems any new ...

11th April 2018 By

February 2018 immigration update podcast

Welcome to the February 2018 edition of the Free Movement immigration update podcast. This month I look at some legal developments with Brexit and review no less than three Supreme Court decisions on immigration, nationality and detention. There have ...

10th April 2018 By

EU families to fall through Brexit cracks despite settled status agreement

I’ve blogged previously about my concern for EU citizens falling through the cracks in terms of their post-Brexit residence and citizenship rights. Some of these worries are now articulated in a more formal way in two legal briefings undertake ...

29th March 2018 By

Half price on Free Movement membership for new members

We’re running a spring sale until 31 March 2018 on individual and small group (up to 10 users) annual memberships: half price for the first year for new members. To receive your discount, use one of these two codes when making your purchase: Annual ...

23rd March 2018 By

Tribunal reclaims jurisdiction to review deprivation of citizenship discretion

The number of cases of deprivation of British citizenship has risen sharply in recent years. For an in-depth look at the issues, see my earlier post on The rise of modern banishment: deprivation and nullification of British citizenship. The increasin ...

22nd March 2018 By

Has the political climate for migrants actually improved since I started this blog?

Free Movement turned 11 last week. The actual anniversary is 7 March (now that I have two actual children whose birthdays I need to remember, it’s harder to keep track of the blog’s). I sometimes do a bit of a retrospective on the growth o ...

12th March 2018 By

Naturalising as a British citizen: the intention to settle requirement

An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to apply for naturalisation under section 6 of the British Nationality Act 1981 if they: are 18 or over are of “ ...

8th March 2018 By

Free Movement reader survey 2018: the results are in

My sincere thanks to the hundreds of readers who filled in the Free Movement reader survey this year. The feedback was more positive than I dared hope for, and the suggestions for improvements wonderful. Those interested can peruse the results for the ...

2nd March 2018 By