“Not often” is the answer. Only if the tribunal acts in an improper way. Incompetence or unlawfulness is not sufficient. In this case, R (on the application of Gudanaviciene) v Immigration and Asylum First Tier Tribunal [2017] EWCA Civ 352, an EU national was facing deportation. She appealed the decision...
In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office and UK courts. The case offers far better guidance than was available in previous cases and emphasises that the...
Do you want to play an important role in a high profile national charity? JCWI (Joint Council for the Welfare of Immigrants) is looking for a dynamic and committed Solicitor or Level 2 caseworker with at least 2-3 years’ experience of working in immigration and asylum law to join our...
The latest tribunal statistics, published in March 2017, show that the average waiting time for appeals to be heard in the immigration tribunal is now 48 weeks. This is the time between the appeal being lodged and the appeal being promulgated, I understand. The breakdown for different types of appeal...
Welcome to the February 2017 edition of the Free Movement immigration update podcast. This episode I start with two major developments, namely the coming into force of new EEA immigration regulations and the judgment of the Supreme Court in the MM case. I run through some Home Office and enforcement news,...
Theresa May refused to guarantee the rights of EU citizens living in the UK but did at least assure them that their situation would be a early negotiating priority. That perhaps was not terribly reassuring given that Theresa May also suggested that everyone should prepare for the UK to crash out...
In this thoughtful and full exploration of refugee law, nationality and statelessness Eric Fripp explores some interesting and underdeveloped themes. Added to his earlier and excellent work from 2015, The Law and Practice of Expulsion and Exclusion from the United Kingdom, Eric is establishing himself as pre-eminent in this important...
In a controversial determination, the President of the Upper Tribunal Immigration and Asylum Chamber, Mr Justice McCloskey, has found that the Home Office has wrongly issued British passports to hundreds or even thousands of children of EU, EEA and Swiss citizens born in the UK before 2 October 2000. The...
The Home Office is now advising EU nationals to sign up for Government email alerts rather than applying for residence documents as proof of status. The guidance was issued on 7 April 2017 and is a tacit admission that the Home Office is overwhelmed by applications from EU citizens and...
Welcome to the January 2017 edition of the Free Movement immigration update podcast. This episode I start with a few EU law issues, including whether the Home Office can force EU citizens and family members to use the official application forms and the position of EU citizen spouses of British citizens,...
