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

Immigration update podcast, episode 38

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

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

Immigration update podcast, episode 37

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