The New Rules

When I attempted to read Kafka’s The Castle I gave up half way* through on the basis that the castle K strives to reach was a metaphor for the text of the book itself, which was impenetrable. I tried to tell myself afterwards that Kafka had not ...

9th July 2012 By

Appealing a Zambrano ‘decision’

This is the second post in a short series on the Zambrano judgment. The first part was Making a Zambrano application. Next time: Whither Zambrano? by Iain Palmer. Following on from the last post on Zambrano, the position of the UK Border Agency is tha ...

27th June 2012 By

Amendments to EEA regulations on rights of residence

Amendments to the Immigration (European Economic Area) Regulations 2006 (commonly known as the EEA regs) have been laid and will mainly come into force on 16 July 2012. The amendments are at SI 2012/1547. Firstly, there is no sign of any attempt to t ...

26th June 2012 By

Making a Zambrano application

This is the first in a short series of posts about the Zambrano judgment. Next time: Appeals in Zambrano cases. On 8 March 2011 the Court of Justice of the European Union (CJEU) gave judgment in the Zambrano case. On the Free Movement blog we said we ...

25th June 2012 By

Refugees and refoulement: the Supreme Court

In the case of R (on the application of ST (Eritrea)) v Secretary of State for the Home Department [2012] UKSC 12 the Supreme Court has held that it is not unlawful to seek to remove to another country a person who has already been recognised as a re ...

12th April 2012 By

Second appeals test

UPDATED AND REVISED Judgment was handed down this morning by the Court of Appeal in a test case on the nature of the second appeals test in immigration and asylum cases. The case name is JD (Congo) & Ors v Secretary of State for the Home Departmen ...

16th March 2012 By

Deportation game changer

He said it so sympathetically, it made it all the worse: “This is a fast moving area of law, we understand that, but you might want to take a look at a case we reported last week.”   That was last month now, the speaker was President ...

13th March 2012 By

New case law on meaning of genuine and subsisting marriage

Several important new cases have just emerged on the subject of marriage and the immigration rules for spouses. They all deal with the evidence and burden of proof in such cases. The President of the Upper Tribunal’s Immigration and Asylum Chamb ...

7th February 2012 By

Evidence by electronic means

An interesting case on the use of electronic means (telephone, video link, Skype, Morse, that sort of thing) has been determined in North Shields. As the tribunal comes close to saying, it is serendipitous that it should be here where this issue would ...

24th November 2011 By

Unlawful retention of passport by ECO

The case of R (on the Application of Atapattu) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) (27 May 2011) is an important case that I was just too busy to write up at the time but to which a return is worthwhile. It con ...

5th October 2011 By

McCarthy judgment available

The hotly anticipated (er, by EU law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was dismissed: dual nationals living in a country of their nationality who have never exercised free movem ...

5th May 2011 By

Zambrano considered

[UPDATE: see new post on McCarthy] The judgment of the Court of Justice of the European Union in the case of Zambrano (C-34/09) may mark the watershed between the history of European Community free movement law and the future of unconditional European ...

22nd March 2011 By

New Family Returns Process

The Home Office has introduced a new way of dealing with the return of families from the UK. It is called the ‘family return process’. If it is faithfully implemented by staff on the ground (a big ‘if’), it represents a massive ...

10th March 2011 By

Zambrano case

In a judgment just out, Zambrano v ONEm Case C-34/0 the European Court of Justice seems to have held that the parents of a child who is a national of a Member State must be granted the right to work and the right of residence in that Member State in ...

8th March 2011 By

Refusal but with no removal or appeal

There are many illegal immigrants who have come forward to the Home Office, made themselves known, made an application to remain in the UK and then been refused and politely asked to leave the country. Nothing wrong with that, you might think. There a ...

11th February 2011 By

Home Office waste

I thought I’d start putting together a list of the myriad ways in which the Home Office wastes money (mainly public funds, also private sometimes) in the small world of immigration. It makes my blood boil that legal aid is being brutally slashe ...

20th December 2010 By

BA (Nigeria) judgment

Following on from my earlier alerter post, I’ve now had time to properly read and start digesting the Supreme Court judgment in BA (Nigeria) v SSHD [2009] UKSC 7. It is certainly good news in terms of streamlining and ensuring that there is prop ...

2nd December 2009 By
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