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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