Calling evidence “self serving” not sufficient reason for disregarding it

Official headnote: (1) The expression “self-serving” is, to a large extent, a protean one. The expression itself tells us little or nothing. What is needed is a reason, however brief, for that designation. For example, a letter written by ...

26th April 2017 By

Tribunal finds Home Office has wrongly issued British passports to EU citizens and their children

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 Sw ...

26th April 2017 By

Reference made to CJEU on extended family members, Surinder Singh and appeal rights

The case is UK v Banger C-89/17. Text of the reference here: Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department (Case C-370/90) [1992] operate so as to req ...

26th April 2017 By

Report finds refugees made homeless when granted refugee status

There is an excellent report out today by the All Party Parliamentary Group on Refugees about the problems faced when a refugee is granted refugee status following an asylum claim. Essentially, central government asylum support and accommodation is im ...

25th April 2017 By

Home Office suggests EU nationals sign up for email alerts not apply for residence documents

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 b ...

25th April 2017 By

Ankara Agreement standstill clause does not apply to settlement applications says tribunal

Official headnote: (I) The settlement of migrant Turkish nationals and their family members does not fall within the scope of the “stand-still clause” in Article 41(1) of the Ankara Agreement (ECAA) Additional Protocol as it is not necess ...

24th April 2017 By

New case on children seeking entry under the Dublin Regulation

Official headnote: (I) The question of whether the Secretary of State has made a decision on the exercise of the discretionary power in Article 17 of the Dublin Regulation is one of fact which will be determined on the basis of evidence, direct or inf ...

21st April 2017 By

Brexit Information · Immigration Law Practitioners’ Association

Very useful resource page from ILPA on EU rights of residence including a new series of fact sheets on: Brexit 1: The Rights of EEA and Swiss Nationals in the UK Brexit 2: EEA and Swiss nationals and their family members Brexit 3: EU rights of residen ...

20th April 2017 By

January 2017 immigration update podcast

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 t ...

20th April 2017 By

Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant

Well, that did not take long. The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali [2016] UKSC 60 is confined to ...

18th April 2017 By

Please donate: crowdfunding campaign for the Athens Legal Support Project for refugees

Much needed and important project: Our urgent priority is to fund Greek interpreters. We need 2 interpreters per day for the 3 month duration of the project. At a cost of about €70 per day, we need to raise in the region of £9,000. Any funds remain ...

18th April 2017 By

Job ad: UK Migration Lawyers

UK Migration Lawyers is excited to be seeking an immigration caseworker to join its Birmingham based team. We are seeking a candidate with immigration law experience who is passionate, organised, self-motivated and who want to show their abilities in ...

17th April 2017 By

Can President Assad’s wife be deprived of her British citizenship on public good grounds?

The “Liberal” Democrats are apparently calling for President Assad’s wife to be deprived of her British citizenship. I am loathe to refer to anyone as “x person’s wife” but this seems to be exactly the basis for the ...

17th April 2017 By

New research suggests depriving migrants of driving licenses harms road safety

Interesting, given that the UK is now doing exactly the opposite by taking away driving licences for migrants with no status (and some who do have status but where the Home Office makes a mistake): States that let unauthorized immigrants get driver’ ...

12th April 2017 By

New guidance on validity, variation and withdrawal of immigration applications

Looks like an unusually helpful guide to the technical aspects of immigration applications: This guidance is for decision makers and describes how to decide whether an application for leave to remain in the UK is valid, and what to do if it is not. It ...

11th April 2017 By

Rare and worrying insight into asylum casework at the Home Office

After that, targets increased to the point that almost everything became subservient to the end-decision. We were set a target of 220 “units” a year. Only an interview or a decision would count as a unit – any casework would not. If I had to cal ...

10th April 2017 By

General grounds for refusal: criminal convictions, public good, character, conduct and associations

Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. This has always been so, but in December 2012 the rules were changed to permanently ban entry of those w ...

6th April 2017 By

Upper Tribunal dismisses appeal against deprivation of citizenship of Rotherham sex gang

The facts behind the case are notorious; the law elucidated is notable. See the background legal discussion on the history of citizenship laws, the process behind deprivation, the relevance of the best interests of affected children and the relevance ...

3rd April 2017 By

Do dual EU-UK citizens have rights under EU law?

The question of what rights are enjoyed by an EU citizen who naturalises as a British citizen and becomes a dual citizen has become a critically important one in the context of Brexit. There is huge uncertainty amongst EU citizens and their family mem ...

3rd April 2017 By

When is it reasonable to require British citizen children to leave Britain?

Two interesting and important legal points emerge from the Upper Tribunal’s determination in SF and others (Guidance, post-2014 Act) [2017] UKUT 120 (IAC). The first is on the issue of when, if at all, a British child might be required by immigr ...

29th March 2017 By

Home Office say it is “longstanding practice” not to remove EU citizens lacking comprehensive sickness insurance

In a written Parliamentary answer yesterday the Government stated self sufficient or studying EU citizens without comprehensive sickness insurance (CSI) are “not lawfully resident” in the UK and “may be liable for removal” but ...

28th March 2017 By

General grounds for refusal: alleged deception and innocent mistakes

Making a mistake on an immigration application form can be disastrous. If the mistake is interpreted by officials as an attempt to mislead or deceive, the application will inevitably be refused. If the application was for entry clearance, it will als ...

28th March 2017 By

Iraqi asylum fresh claim refusal overturned by Upper Tribunal

Official headnote: A proper reading of the Upper Tribunal’s decision in AA (Article 15(c)) Iraq CG [2015] UKUT 544 (IAC) reveals the importance of making findings of fact regarding P’s circumstances, in order properly to apply the count ...

24th March 2017 By

240 jobs available in Liverpool Visas and Immigration department for processing EU casework

This is hugely overdue – what on earth took the Home Office so long to get moving on this? However belated, though, it is good news. And the positions are reported to be permanent, perhaps suggesting some recognition by the Home Office of the ma ...

23rd March 2017 By

Upper Tribunal wrong all along on Kareem and proxy marriages of EU citizens

The Court of Appeal has held that the Upper Tribunal has been wrong all along about proxy marriages and EU law. The case is Awuku v Secretary of State for the Home Department [2017] EWCA Civ 178 and it overrules the earlier tribunal cases of Kareem ( ...

23rd March 2017 By

Syrian refugees to be properly recognised as refugees at last

In a Ministerial Statement made today, Home Secretary Amber Rudd has announced that Syrian refugees resettled to the UK will formally be recognised as refugees rather than been granted the lesser status of “humanitarian protection”: The d ...

22nd March 2017 By

December 2016 immigration update podcast

Welcome to the December 2016 edition of the Free Movement immigration update podcast. This episode I start with the some material on asylum and human rights issues, including perhaps the most important human rights case of 2016, talk about a few fami ...

22nd March 2017 By

High Court declares unlawful the abolition of right of appeal for Turkish nationals

In the case of R (on the application of Akturk) v Secretary of State for the Home Department [2017] EWHC 297 (Admin) a Turkish wannabe window cleaner entered the UK as a visitor and then applied for leave to remain to establish his window cleaning bus ...

21st March 2017 By

New Statement of Changes in Immigration Rules HC 1078

Statement of Changes in Immigration Rules HC 1078 was laid yesterday, 16 March 2017. It weighs in at 269 pages. Despite that, there was no space for any implementation of the MM judgment. The main headline changes are: Period of overstay before 12 mon ...

17th March 2017 By

Impact of judgments of the Court of Justice of the EU in cases X.Y.Z., A.B.C. and Cimade and Gisti

Not exactly a pithy title but looks interesting from ECRE: The study intends to examine the extent of implementation of asylum-related judgments of the Court of Justice of the European Union (hereinafter ‘the CJEU’) and their impact on relevant as ...

16th March 2017 By

Evidential issues in trafficking cases: UN Office on Drugs and Crime

Looks very interesting and potentially useful for evidence-based judging of these complex cases. With thanks to colleague Louise Hooper for flagging it up. The Case Digest has analysed 135 cases from 31 jurisdictions. It benefited from the input from ...

14th March 2017 By

The UK’s spousal and family visa regime: some reflections after the Supreme Court judgment in the MM case | University of Bristol Law School Blog

Very interesting and detailed reflections on the MM case in the Supreme Court on the spouse minimum income rule. Family and spousal migration is only one part of migration policy, and there is the broader issue of what values migration policy should s ...

13th March 2017 By

Home Office ends policy of automatic settlement for refugees after five years

The Home Office has announced a new policy of reviewing whether all refugees require protection at the end of a five year initial period of leave. The policy appears to be effective immediately for all refugee settlement applications, including for re ...

9th March 2017 By

Ukrainian prison conditions breach Article 3 but draft evaders can still be sent back says Upper Tribunal

Official headnote: 1. At the current time it is not reasonably likely that a draft-evader avoiding conscription or mobilisation in Ukraine would face criminal or administrative proceedings for that act, although if a draft-evader did face prosecution ...

9th March 2017 By

Law Society Practice Note on Legal Professional Privilege

Well worth a read. This practice note seeks to: clarify the status of legal professional privilege (LPP) explore recent concerns about how the right has been asserted summarise practitioners’ duties clarify the main principles of LPP LPP protects al ...

8th March 2017 By

New Home Office country information note on women in Egypt

Being female does not on its own establish a need for international protection. In general, the level of violence and discrimination against women in Egypt will not in most cases amount to a real risk of persecution or serious harm. The onus is on the ...

8th March 2017 By

Supreme Court grants permission to appeal granted in Hysaj nationality appeals

The Supreme Court has granted permission to appeal against the Court of Appeal case of R.(On the Application of Hysaj) v Secretary of State for the Home Department [2015] EWCA Civ 1195. On 27 February 2017, the Supreme Court of the United Kingdom ...

8th March 2017 By

Home Office now says health insurance ‘just a technicality’

“EU citizens will not be removed from the UK or refused entry solely because they do not have comprehensive sickness insurance,” said a spokesman. Very welcome news but it is difficult to understand the Home Office’s legal position on all t ...

8th March 2017 By

10 million page views later… Free Movement’s 10th birthday

The Free Movement blog has turned ten; the first blog post was published on 7 March 2007. In the last ten years the blog has received 9,572,432 page views (and counting…). It has been quite a ride, driven by the thirst for up to date, clear a ...

7th March 2017 By

Home Office messes up deportation of former Malaysian and British Overseas Citizen

Official (rather terse) headnote: The deportation of a former Malaysian national and former BOC is liable to be deemed unlawful where relevant Government Policies relating to inter-state arrangements with Malaysia have not been taken into account or g ...

7th March 2017 By