Leaked immigration plans suggest Thelma & Louise Brexit for UK

Forget “hard Brexit” and “soft Brexit”. The leaked proposals for a post-Brexit immigration system suggest the pedal is already to the metal for full Thelma & Louise Brexit. The Brexit to-do list is the length of a constantl ...

6th September 2017 By

Trainee solicitor convicted of providing illegal immigration advice as Prime Legal Solicitors

A trainee solicitor has been sentenced to 18 months imprisonment suspended for two years after being convicted of providing illegal immigration advice and services: Mr Babar Khan, of Mylis Close, Sydenham, London was convicted on 24 August 2017 at Sou ...

30th August 2017 By

Upper Tribunal on readmission of EU nationals to attend deportation appeal hearings

The UK now removes EU citizens and family members before their deportation appeal takes place. Obviously, this interferes with the life that the person has established in the UK (job and home may be lost, for example), in effect prejudges the outcome ...

24th August 2017 By

Tribunal Judge Peter Lane appointed Justice of the High Court

The Queen has been pleased to approve the appointment of Tribunal Judge Peter Richard Lane to be a Justice of the High Court with effect from 2 October 2017 consequential to the retirement of Sir Michael Burton. The Lord Chief Justice will assign Trib ...

21st August 2017 By

Study finds asylum judges fail to assist vulnerable appellants

Really interesting study, which should be carefully considered in the Immigration and Asylum Chambers. …There are clearly dangers to an overly rule-bound judicial approach, as conveyed by Conley and O’Barr’s (1988) description of ‘the proc ...

15th August 2017 By

Virtual hearings to be trialled in immigration tribunal from October 2017

To make sure we reduce inconvenience and cost to our users and provide greater flexibility and access to our services, we must deal with cases in the most efficient and proportionate way. One of the ways in which we are doing this is the expansion of ...

11th August 2017 By

Syrians can now upgrade to full refugee status: new form issued

Particularly relevant to Syrians who were not granted formal refugee status and instead got the lesser status of Humanitarian Protection: This form is for people resettled under the Vulnerable Persons Resettlement Scheme or the Vulnerable Children’s ...

10th August 2017 By

UK’s Home Office issues $118m digitisation tender for immigration

Britain’s Home Office has issued a £91m ($118m) tender for immigration services using biometrics and the digitisation of supporting evidence. The tender covers how up to 780,000 people either extend their stay in the UK, settle or pursue Brit ...

10th August 2017 By

Full day EU immigration law conference: Glasgow, 8 September 2017

Following a great deal of interest on the Free Movement Forum about a members meet up, Bilaal Shabbir of MBS Solicitors in Scotland has taken the initiative to arrange this in the form of an event in Scotland. An EU themed immigration law conference h ...

9th August 2017 By

New official Administrative Court judicial review guide for 2017

Detailed legal guidance on bringing a judicial review case in the Administrative Court.The July 2017 edition reflects legislative and practice changes relevant to the Administrative Court over the last year. Includes guidance on: starting a claim appl ...

9th August 2017 By

How expensive are UK immigration applications and is this a problem?

The cost of making an immigration or nationality application has risen extremely steeply in recent years. Annual increases of 20% or 25% per year are now standard, bringing the current cost of an application for indefinite leave to remain in 2017 to ...

3rd August 2017 By

Immigration update podcast, episode 41

Welcome to the May 2017 edition of the Free Movement immigration update podcast. This month I’m starting with the current waiting times for immigration appeals, moving on to give some quick mentions to some big blog posts we put out in May and t ...

31st July 2017 By

Deputy Editor recruitment: deadline is 31 July 2017

Just a short reminder that the deadline for applying for the deputy editor role at Free Movement is fast approaching: 31 July 2017. See here for further details and how to apply. ...

24th July 2017 By

Immigration update podcast, episode 40

Welcome to the April 2017 edition of the Free Movement immigration update podcast. This month we cover the increase in immigration fees, several nationality law issues, run though the most important cases we saw in April and end with some mentions for ...

24th July 2017 By

Half price summer sale on all Free Movement group memberships

We’re running a summer sale until 11 August 2017 on all new group memberships of up to 50 members: half price for the first year. The codes to use are when making your purchase to apply the discount are: Small groups of 10 or less use code SUMME ...

21st July 2017 By

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

Immigration update podcast, episode 39

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