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

Immigration solicitor fined £10,000 for signing off “grossly misleading and inaccurate” court documents

The Solicitor Disciplinary Tribunal has fined an immigration solicitor £10,000 for signing off “grossly misleading and inaccurate” statements of truth for judicial review applications. The solicitor concerned, Achyuth Rajagopal of G Singh ...

7th March 2017 By

What do immigration officers look for when assessing visit visa applications?

“Two visas had been rejected … I was wrenched by a heavy feeling of humiliation…trying to prove that I’m a “normal person” like any Englishman, that I’m not aspiring to swap my career in Egypt as a cartoonist [and] scriptwriter … for B ...

6th March 2017 By

The UK response to the Syrian refugee crisis – Commons Library briefing

This Commons Library briefings looks at the Government’s work to resettle up to 20,000 Syrian refugees in the UK by the end of this Parliament, under its Syrian Vulnerable Person Resettlement Programme. It has also committed itself to resettling ...

6th March 2017 By

Exit strategies: Removing unauthorised immigrants is difficult and expensive | The Economist

Worth a read, and I’m not just saying that because I’m quoted: Britain is the only European country to allow indefinite detention under immigration laws. Some of those held are migrants who have committed crimes but cannot be removed, beca ...

6th March 2017 By

Children should be treated as children while their age is properly assessed

In this case an asylum seeker asserted he was a child. The local authority treated him as an adult while his age was assessed, contrary to the Age Assessment Guidance by the Association of Directors of Children’s Services. No cogent reason was g ...

3rd March 2017 By

Tribunal on recorded video evidence and Article 8 considerations

Official headnote to Lama (video recorded evidence -weight – Art 8 ECHR : Nepal) [2017] UKUT 16 (IAC): (i) Video recorded evidence from witnesses is admissible in the Upper Tribunal. Its weight will vary according to the context. (ii) Alertne ...

2nd March 2017 By

Very interesting analysis of immigration stories in the “Whitetops”

Very interesting if depressing read: Last September, SubScribe looked at the prevalence and tone of anti-immigration stories produced by Fleet Street, accompanied by a bar chart of front pages.  At the time there were 195. By the end of the year, t ...

2nd March 2017 By

Updated Home Office guidance on criminality in article 8 ECHR cases

Source: Criminality guidance in article 8 ECHR cases – GOV.UK The change log says: Additional sections to reflect the Supreme Court judgment in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] and the European Court of Justi ...

1st March 2017 By

Home Office is obliged to serve relevant policy documents otherwise hearing is unfair

Lord Justice Irwin gives the leading judgment in UB (Sri Lanka) v Secretary of State for the Home Department [2017] EWCA Civ 85, in which the Home Office failed to serve a relevant policy document during an appeal: 16. In my view there was the cleares ...

1st March 2017 By

November 2016 immigration update podcast

Welcome to the November 2016 edition of the Free Movement immigration update podcast. This episode I start with the some updates about the immigration tribunal and some tribunal case law, move on to cover some important legislative and procedural cha ...

1st March 2017 By

Briefing: the legal status of EU citizens in the UK

Summary The Home Office has hardened its position on EU citizens who are living in the UK but who do not have a “right of residence” under Directive 2004/38/EC. New regulations were introduced on 1 February 2017 and a swathe of policy doc ...

27th February 2017 By

Free ebook application guides for EU citizens: updated

With thanks to Unbound Philanthropy for the funding, I have been able to put together a series of ebook guides aimed at EU and EEA nationals wanting to apply for residence documents here in the UK. They are updated and expanded versions of my existing ...

24th February 2017 By

Latest quarterly immigration statistics: some highlights

Just a few bits and bobs from the details of the latest quarterly statistics: Outstanding EU law residence document applications stands at 95,146 (source). That is a LOT. It is hard to see how the Home Office can meet the 6 months deadline for decidin ...

23rd February 2017 By

Upper Tribunal encourages parties to reach agreement on costs. Or else.

Potentially useful case when seeking to agree costs in good time. The official headnote: Where judicial review proceedings are resolved by settlement, the parties are responsible for doing all they can to agree costs, both as to liability and amount, ...

23rd February 2017 By

Tribunal case on lapsing, cancelling and revoking ILR

i) Article 13 of the Immigration (Leave to enter and Remain) Order 2000/1161 (the “2000 Order”) applies to holders of indefinite leave to remain (“ILR”) who travel to a country or territory outside the common travel area so tha ...

23rd February 2017 By

Immigration tribunal one of first to convert to online court model

The first signs of an online court will be visible in tribunals by September, online processes will be extended to a wide range of civil court proceedings by May 2020, and the reforms will be incremental, according to one of the judges in charge… ...

23rd February 2017 By

Court of Appeal testing new shorts

The Court of Appeal is testing out a new style of “short form” judgment. Given the backlogs at the Court of Appeal at the moment, this seems eminently sensible. Although the particular judgment — yet another appeal by the Secretary o ...

22nd February 2017 By

Supreme Court upholds Minimum Income Rule of £18,600 to sponsor foreign spouses in MM case

In linked judgments in the case of MM and others v Secretary of State for the Home Department [2017] UKSC 10, known to many as just “the MM case,” the Supreme Court has this morning upheld in principle the Minimum Income Rule which requir ...

22nd February 2017 By

Expediting an EU residence document application

Brexit is causing significant delays in the processing of EU free movement documentation applications. In normal times, before the Brexit vote on 23 June 2016, an EU national could expect a permanent residence certificate to be issued in about 6 ...

22nd February 2017 By

Tribunal on meaning of absences from the UK for no more than 180 days

Official headnote: (i) On a proper construction of paragraph 245AAA(a)(i) of HC 395, an absence from the United Kingdom for a period of more than 180 days in one of the relevant 12 month periods will entail a failure to satisfy the requirements of par ...

21st February 2017 By

What is the no recourse to public funds condition?

The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds. A person who claims public fun ...

21st February 2017 By

New consultation on changes to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014

The Tribunal Procedure Committee (TPC) is interested to receive your views on changes arising from the Immigration Act 2016, in particular to a number of changes to bail, which the Tribunal Procedure Committee considers may make amendments to the rule ...

20th February 2017 By

Shortage of judges hits immigration tribunals | Law Society Gazette

A rapid decline in the number of immigration tribunal judges could herald a crisis, despite the government’s insistence that there is sufficient capacity to deal with a growing backlog of work. Government figures show that in 2012 there were 347 fee ...

20th February 2017 By

New report shows detainees in prison denied immigration advice

Hundreds of foreign nationals in the UK are being denied access to immigration advice according to new research from the charity Bail for Immigration Detainees (BID). In their new report, Mind the Gap: Immigration Advice for Detainees in Prisons, BID ...

15th February 2017 By

Reconstructing Judicial Review By Sarah Nason

In her just published book, Reconstructing Judicial Review, Sarah Nason (Bangor University) uses legal theory and empirical research to explore the extent to which the nature of judicial review has changed since 2007. Here she discusses the research ...

13th February 2017 By

New policies, processes and forms for EU nationals show hardening Home Office position

A raft of new Home Office policies and forms for EU and EEA nationals was released in early February, along with significant changes to the online application process. These changes accompany the Immigration (European Economic Area) Regulations 2016, ...

10th February 2017 By

The Recognition of Refugees Based on Sexual Orientation and Gender Identity in the UK: An Overview of Law and Procedure by Allan Briddock

The article deals with people claiming asylum in the UK on the basis of a well-founded fear of persecution due to their sexual orientation or gender identity (SOGI). Although the UK is a country that respects and actively promotes SOGI rights, the UK ...

8th February 2017 By

General grounds for refusal: owing a litigation debt to the Home Office

Statement of changes HC877, of 11 March 2016, gave the Home Office yet another power to refuse applications for leave to enter or remain in the UK. For all applications made on or after 6 April 2016, having a “litigation debt” to the Home Office m ...

8th February 2017 By

Telling the story: A psychological review on assessing adolescents’ asylum claims

Sounds very interesting and topical: Given-Wilson, Z., Herlihy, J., Hodes, M (2016). Canadian Psychology/Psychologie canadienne, Vol 57(4), Nov 2016, 265-273 Unaccompanied asylum seeking children (UASC) are separated from caregivers, have often been e ...

7th February 2017 By

Overstaying and applying for further leave: end of the 28 day grace period

A new set of requirements for overstayers who apply for leave to enter or remain in the UK was introduced late last year. In short, the 28 day grace period for overstayers was abolished and replaced with a very limited 14 day limit, but only where a ...

6th February 2017 By

What does the Brexit White Paper say about immigration?

Short version: not a lot we did not know already Long version… Yesterday, the day after MPs began the process of the UK leaving the EU, the Government published a White Paper on Brexit. The formal title is The United Kingdom’s exit from and ne ...

3rd February 2017 By

The astonishing breadth of Trump’s Muslim ban is truly breathtaking

Take Trump seriously but not literally, said Peter Thiel, Paypal founder, Gawker litigation financier and prominent Trump supporter. Well, it turns out that Trump meant what he said. Literally. Muslims will be banned, literally. The wall will be built ...

29th January 2017 By

What is the position of EU spouses of British citizens following Brexit?

The result of the Brexit referendum has thrown a harsh light on long standing UK Government positions on the free movement rights of EU nationals. Nowhere is this more obvious and more awkward than in the case of EU national spouses of British citizen ...

24th January 2017 By

Supreme Court rules Act of Parliament needed to trigger Article 50 and leave EU

The Supreme Court ruled today by a majority of 8-3 that an Act of Parliament is needed for the UK Government to trigger Article 50 and formally begin the process of leaving the EU. Giving the leading judgment the President of the Court, Lord Neuberger ...

24th January 2017 By

New country guidance case on returns to Iraq

BA (Returns to Baghdad) Iraq CG [2017] UKUT 00018 (IAC). Relatively concise and focussed at only 34 pages. There is no general risk of persecution but some will be at risk, particularly anyone perceived as a collaborator with foreign coalition forces, ...

24th January 2017 By

Can the Home Office force EU nationals to use the official 85 page permanent residence application form?

Short answer: yes, at least for now. Long answer… From 1 February 2017 it seems likely that it will be mandatory to use the official application forms for EEA residence document applications, either online or on paper, that are provided by the H ...

23rd January 2017 By

Rules under which over 10,000 fast track asylum appeals decided declared unlawful

The High Court has ruled in the case of R (On the Applications Of TN (Vietnam) & US (Pakistan)) v Secretary of State for the Home Department & Anor [2017] EWHC 59 (Admin) that over 10,000 asylum appeals had been decided under procedure rules ...

23rd January 2017 By

Brexit: what impact on those currently exercising free movement rights? – Commons Library briefing

Good briefing paper by the House of Commons library (as always!) on the end of free movement rights and what has been said so far. It also mentioned without comment the now patently false assurances of the Leave campaigners. It remains to be seen how ...

23rd January 2017 By
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