Important new deportation cases

On Tuesday this week the Court of Appeal handed down two important new cases on deportation. The first is Mohan v Secretary of State for the Home Department [2012] EWCA Civ 1363 and concerns the interaction of family and immigration law. The second i ...

26th October 2012 By

Book review: Free Movement of Persons in the Enlarged European Union

The publishers, Sweet & Maxwell, have been kind enough to provide a review copy of the 2nd edition of Free Movement of Persons in the Enlarged European Union by Nicola Rogers, Rick Scannell and John Walsh. Nicola and Rick are formerly of Garden Co ...

25th October 2012 By

Zambrano (sort of) incorporated into regulations at last

The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (SI 2012/2560) come into force on 8 November 2012. There are two bits of good news for applicants and one piece of bad news. For previous news, updates and commentary on ...

23rd October 2012 By

Judicial review of Upper Tribunal

As of 1 October 2012 a new procedure has been introduced for judicial review of decisions by the Upper Tribunal to refuse permission to appeal to itself. This follows on from the Supreme Court’s judgment in Cart and MR (Pakistan) [2011] UKSC 28 ...

10th October 2012 By

Asylum credibility: timely new case from Strasbourg

In a case that in some ways exceptional but in many ways entirely ordinary, the UK Border Agency this week rejected an asylum claim by a young Afghan man. The reason the case was exceptional is that he had previously worked with the British armed forc ...

4th October 2012 By

European Database of Asylum Law

I came across the European Database of Asylum Law (EDAL) yesterday (hat tip to the Fahamu Refugee Legal Aid Newsletter (FRLAN)) and thought it was worth sharing with readers. It is funded by the European Commission’s European Refugee Fund and run b ...

3rd October 2012 By

Acquiring and losing free movement rights

The Court of Appeal recently gave judgment in a very important decision in European Union deportation cases, Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199. The case concerns the question of whether or how far a period of ...

2nd October 2012 By

Immigration appeals and executive discretion

Following on from his learned but — at least on the question of what a judge should actually do— slightly Delphic determination in AG and others (Policies; executive discretions; Tribunal’s powers) Kosovo [2007] UKAIT 00082, the Dep ...

28th September 2012 By

Religious persecution

The Court of Justice of the European Union handed down judgment in the case of Germany v Y and Z [2012] EUECJ C-71/11 on 5 September 2012. This is one of the first Court of Justice cases to consider the definition of a refugee and the terms of Direct ...

27th September 2012 By

Evidence in retained rights of residence cases

This post is definitely one for the lawyers, I’m afraid, as it concerns an important but difficult to explain area of European Economic Area free movement law: obtaining evidence in retained rights of residence cases. A few weeks ago my roommate ...

20th August 2012 By

The false omniscience of the internet age

In the case of HJ (Iran) [2011] 1 AC 596 (post here) the Supreme Court held that self oppression can be persecution. To put it another way, being forced to conceal a Convention reason protected characteristic (sexuality, political opinion, religious ...

2nd August 2012 By

Supreme Court says no lies to achieve safety

In the case of RT (Zimbabwe) v Secretary of State for the Home Department [2012] UKSC 38 the Supreme Court has today held that asylum seekers cannot be expected to lie or dissemble in order to achieve safety in their own country. This principle appli ...

25th July 2012 By

The Case of the Lost Prerogative

View image | gettyimages.com The judgments The judgments in Munir [2012] UKSC 32 and Alvi [2012] UKSC 33 are perhaps the most important in immigration law since the Immigration Act 1971 was passed. The Supreme Court holds that the ancient royal prerog ...

18th July 2012 By

Pankina upheld by Supreme Court

[UPDATE: for more analysis see new post The Case of the Lost Prerogative] This is huge news in immigration law: the Supreme Court has dismissed the Home Office appeal in Alvi [2012] UKSC 33, upholding the earlier Court of Appeal judgment in Pankina. T ...

18th July 2012 By

No new evidence in Points Based System appeals

In another major end of term judgment the Court of Appeal has finally reviewed the legality of preventing reliance on new evidence at Points Based System appeals hearings. The case is Alam v Secretary of State for the Home Department [2012] EWCA Civ 9 ...

17th July 2012 By

The New Rules

When I attempted to read Kafka’s The Castle I gave up halfway* 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 w ...

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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