When might an appeal continue even though Home Office withdraws the decision?

In the case of ZEI & Ors (Decision withdrawn – FtT Rule 17 – considerations : Palestine) [2017] UKUT 292 (IAC)  the Upper Tribunal, chaired by Mr Ockelton, has considered the application of rule 17 of the procedure rules. This rule provid ...

20th July 2017 By

Tribunal decides wasted costs orders cannot be made against Home Office representatives

In the case of Awuah and Others (Wasted Costs Orders – HOPOs – Tribunal Powers) [2017] UKFTT 555 (IAC) the tribunal has decided that a wasted costs order — an order that a representative personally pay the costs incurred by the other ...

19th July 2017 By

Expert witness wins apology and payment from Legal Aid Agency | Law Society Gazette

The Legal Aid Agency has been told to directly apologise and pay £10,000 to an expert witness in immigration cases for causing him distress, inconvenience and financial loss by excessively auditing his bills. In a report seen by the Gazette, the Par ...

18th July 2017 By

Home Office inspectors release series of reports: highlights for lawyers

For some reason the Home Office has just released a swathe of inspection reports into a wide range of Home Office operations. In practical terms, this makes it impossible for the press to pick out more than one or two stories from the reports and it t ...

14th July 2017 By

New guidance for the public and for professionals on immigration and asylum related legal issues – Bar Standards Board

The Bar Standards Board (BSB) has today published two new guidance documents on immigration and asylum issues. The guidance was developed in collaboration with the Solicitors Regulation Authority (SRA) and the Office of the Immigration Services Commis ...

5th July 2017 By

Job advert: Deputy Editor for Free Movement website

Closing date: 31 July 2017 5pm The Free Movement website has gone from strength to strength over the last 12 months. Readership has increased massively, to an average of over 300,000 page views per month. Ebook sales are going well and membership has ...

3rd July 2017 By

An immigration lawyer reviews Paddington

In tribute to beloved author Michael Bond (1926-2017), who died yesterday, I am republishing this blog post reviewing the film Paddington, based on the character created by Bond. The blog post was originally published on 1 December 2014 and versions ...

29th June 2017 By

What does the Queen’s Speech say (and not say) about immigration and EU citizens?

The Queen’s Speech was today. This sets out the legislative agenda for the new Government and lists expected new Acts of Parliament the Government hopes to pass in the coming year. There are reports that this Queen’s Speech may be intended ...

21st June 2017 By

What will happen to immigration policy and law following the 2017 General Election?

It is the Queen’s Speech today. This sets out the legislative agenda for the coming Parliament in 2017 and 2018. But no party managed to win an overall majority in the General Election. We have what the political pundits and historians call a Hu ...

21st June 2017 By

Supreme Court rules “deport first, appeal later” is unfair and unlawful

In R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 the Supreme Court has struck down “deport first, appeal later” certificates for two foreign criminals. The Home Office had made use of new rules in the ...

14th June 2017 By

What does the Democratic Unionist Party think about immigration?

Picking through various manifestos and public statements of the Democratic Unionist Party and its leading members reveals a few clues about the stance of the party on immigration issues. This may prove critical in the lifetime of the coming Government ...

13th June 2017 By

Fundraising appeal for Refugee Advocacy Programme in Uganda

Team Gaenor needs your support to ensure refugees fleeing persecution, conflict and oppression can access Pan African Development Education And Advocacy Programme services, which supports and empowers them to rebuild their lives in Uganda. More refuge ...

6th June 2017 By

Court of Appeal dismisses challenge to rules on Adult Dependent Relatives

The Court of Appeal has dismissed the challenge brought by campaign group Britcits to the restrictive Immigration Rules on the admission to the UK of parents, grandparents and other adult dependent relatives. The case is BRITCITS v The Secretary of St ...

30th May 2017 By

Everything you need to know about the “hostile environment” for immigrants

What is the hostile environment? The “hostile environment” for migrants is a package of measures designed to make life so difficult for individuals without permission to remain that they will not seek to enter the UK to begin with or if a ...

29th May 2017 By

Crowdfunding campaign for JCWI challenge to “right to rent” scheme

Can untrained landlords and agents tell if you have a legal right to be in the UK? Should unpaid landlords and agents have to do the Government’s job of immigration enforcement for them? If you look or sound ‘foreign’ why would a landlord tak ...

26th May 2017 By

Is the triggering of Article 50 a good argument for making a reference to The Court Of Justice now? – Monckton Chambers

Also well worth a read: As all readers of this post will know, the United Kingdom gave notice of its decision to withdraw from the EU on 29 March 2017. Under Article 50 TEU, that means that (subject to a different date being provided for in a withdraw ...

24th May 2017 By

EU can point to clear precedents in Brexit court showdown | MLex market insight

Worth a read: The Brexit negotiations are heading for an early battle. The remaining EU states on Monday agreed that the rights of EU citizens living in the UK after its withdrawal should fall under the jurisdiction of the EU Court of Justice, or CJEU ...

24th May 2017 By

Recruitment ends tomorrow for 65 new salaried judges of the First-tier Tribunal

An exercise to identify candidates to recommend for the post of salaried judge of the First-tier Tribunal opens today. There are 45 immediate vacancies and 20 that are expected to arise in the near future. Unlike previous exercises for the First-tier ...

23rd May 2017 By

March 2017 immigration update podcast

Welcome to the March 2017 edition of the Free Movement immigration update podcast. This episode I start with the some general news and updates, I then run through a whole load of cases, most of which I think are Court of Appeal authorities, and then ...

22nd May 2017 By

The interregnum: 11 years without free movement from 1962 to 1973

There was a short period of just 11 years between 1962 and 1973 when free movement of people did not apply in the UK. Other than during that time, businesses and public services have had easy access to workers from other countries. Following Brexit, t ...

19th May 2017 By

Book review: Bureaucracy, Law and Dystopia in the United Kingdom’s Asylum System by John Campbell

The first thing to say about this book is that it has a really excellent and entirely appropriate title. The contents do not fail to deliver. Campbell seeks to place immigration and asylum decision making by officials and judges within a wider context ...

19th May 2017 By

Immigration law and policy after the election: unfortunately, the Conservative manifesto tells us what is coming

Some people are posting up comparisons of different immigration policies of different parties. I cannot see the point. The result of the next General Election is a foregone conclusion and has been since Jeremy Corbyn was re-elected leader of the Labou ...

18th May 2017 By

Capparrelli (EEA Nationals – British Nationality) [2017] UKUT 162 (IAC) -Comment by Ian Macdonald QC

Ian Macdonald QC has sent in an interesting note on the controversial Capparrelli determination. For background, see original Free Movement write up here: Tribunal finds Home Office has wrongly issued British passports to EU citizens and their childr ...

18th May 2017 By

Tribunal rules a Big Issue seller has no right of residence in EU law

Seems like a dubious decision to me on the facts, but it cannot be faulted for rehearsing the relevant law quite thoroughly. The lady in question was earning a steady £50 per week working a 40 hour week and the First-tier dismissed the appeal on the ...

18th May 2017 By

When can a tribunal be forced to pay the costs of judicially reviewing it?

“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 ...

18th May 2017 By

Tribunal gives guidance on general principles in deprivation of citizenship appeals

Interesting case on deprivation of citizenship, not least as the Home Office spectacularly messed up by refusing on an unjustifiable grounds when there was a justifiable one staring them in the face. Official headnote: (i) The Secretary of State has t ...

17th May 2017 By

A Pictorial Guide to Discussing Immigration in Polite Company by JCWI

Excellent from JCWI, and timely too given the election season is upon us: This year, whether at a political hustings, social event or garden fete, it will be seemly to debate immigration with good manners and grace. Brexit, future immigration policy, ...

16th May 2017 By

New CJEU case extends Zambrano rights of residence, emphasises best interests of children

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 guidanc ...

16th May 2017 By

Tribunal says foreign law is a question of fact normally determined by expert evidence

The Home Office proposed to remove the father of a family and three children to India and the wife and mother to Pakistan, thus separating the family. The family argued that they would be permanently separated because the immigration laws of India w ...

15th May 2017 By

Help needed with research project: “Vicarious Traumatisation: The Impact on Solicitors Working with Traumatised Asylum Seekers”

Vicarious or secondary traumatisation refers to the emotional impact of bearing witness and engaging in an empathic way with traumatic material. As a solicitor or caseworker, working with asylum seekers and refugees can be extremely rewarding, but als ...

12th May 2017 By

The Children’s Society: Evidence Needed on The Impacts of LASPO on Separated and Unaccompanied Migrant Children’s Access to Justice

The children’s charity, The Children’s Society, and the University of Bedfordshire, are working together to document the impacts of LASPO (2012) on unaccompanied and separated migrant children. As such, they are looking for legal practit ...

12th May 2017 By

Immigration and Refugee Board of Canada guidelines on cases involving sexual orientation and gender identity and expression

1.1 The purpose of this Guideline is to promote greater understanding of cases involving sexual orientation and gender identity and expression (SOGIE) and the harm individuals may face due to their non-conformity with socially accepted SOGIE norms. Th ...

8th May 2017 By

Job ad: Solicitor / IAAS Level 2 Caseworker at JCWI (full time)

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 imm ...

8th May 2017 By

Waiting time in the immigration tribunal now 83 weeks for some appeals

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 under ...

5th May 2017 By

February 2017 immigration update podcast

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 ca ...

4th May 2017 By

Guidance from tribunal on strike out powers and appeal to Court of Appeal as remedy

Official headnote: (i) A decision of the Upper Tribunal refusing to exercise its power to reinstate a judicial review claim which has been struck out may be the subject of an application for permission to appeal to the Court of Appeal. (ii) Such a dec ...

4th May 2017 By

New Home Office policy: Exclusion from the UK

Important if dealing with cases involving exclusion from the UK: This guidance has been completely re-formatted and deals with the exclusion of both non-Economic European Area (non-EEA) nationals and European Economic Area (EEA) nationals and their fa ...

4th May 2017 By

Why the UK and EU cannot easily agree on EU citizens’ rights: UK vs EU law

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 e ...

3rd May 2017 By

Tribunal gives guidance on revocation of deportation orders after 10 years

Official headnote: (i) In cases involving convictions for an offence for which the person was sentenced to a period of imprisonment of less than 4 years, the Secretary of State’s policy, as expressed in paragraph 391(a) of the Immigration Rules, ...

28th April 2017 By

Book review: Nationality and Statelessness in the International Law of Refugee Status by Eric Fripp

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 fr ...

27th April 2017 By