Review of OISC published by Home Office

The latest triennial review of the Office of the Immigration Services Commissioner (OISC) has been published by the Home Office. The organisation will not be abolished and will continue as a non departmental public body at arms length from Government. ...

12th January 2017 By

September 2016 immigration update podcast

Welcome to the September 2016 edition of the Free Movement immigration update podcast. This episode I start with a few EU law and process issues, cover the relevant higher court and Upper Tribunal cases for September and end with some policy updates. ...

12th January 2017 By

Home Office ‘abuse of power’ over English Language Testing student

The President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the Home Office abused its power in forcing a college to expel a student and deliberately depriving him of a statutory right of appeal. The case has now been r ...

11th January 2017 By

Free Movement research assistant recruitment

I am looking to recruit a part time self employed research assistant or assistants to help with research and writing for Free Movement. Some work would be background research and likely to be uncredited. Some work would be in the form of drafts of con ...

9th January 2017 By

Home Office visit visa guidance updated

The Home Office and Entry Clearance Officer guidance on visit visa cases has been reissued and updated. Changes are as follows: Visit visa applications from persons with Right of Abode to be refused – Page 3 Clarified that evidence is required when ...

5th January 2017 By

Sir David Metcalf named as the first Director of Labour Market Enforcement

Sir David Metcalf has today (5 January 2017) been named as the first Director of Labour Market Enforcement to oversee a government crackdown on exploitation in the workplace. Sir David, who was chairman of the Migration Advisory Committee until Augus ...

5th January 2017 By

Parliamentary and Health Service Ombudsman upholds three in four complaints about the Home Office

The Parliamentary and Health Service Ombudsman has revealed that it upheld 75% of complaints made against the Home Office and Border Force last year: Incorrect decisions, delays and wrong advice are the top reasons for the Parliamentary and Health Ser ...

4th January 2017 By

Fundraising appeal for film on the Calais refugee children

I need to keep filming to complete the 50-minute film, which will I hope be out by March-  but even more importantly to keep in touch with all the young people who call me every day, who first contacted me in the Jungle and who are now in dire st ...

31st December 2016 By

Free Movement review of 2016

2016 has not been a good year for free movement the concept. Non coincidentally, it has been a busy year on Free Movement the website. The response of migrants and their families to harsh rules that would break them apart is not simply to abandon thei ...

30th December 2016 By

Young People and Migration in the UK: An Overview – Migration Observatory

The University of Oxford based Migration Observatory has published a new report on young migrants. It reads a little like the introductory sequence to The Six Million Dollar Man. The key points: Migrants tend to be young when they arrive, typically as ...

24th December 2016 By

Following Early Christmas referendum PM insists “Christmas means Christmas!”

Following the narrow “yes” vote in the Early Christmas Referendum, Theresa May announced today that the United Kingdom will unilaterally change the date of Christmas in 2017. The Prime Minister stated in a speech at  Santa’s Grotto ...

24th December 2016 By

New case on two year reconsideration period for EU deportations

A new tribunal case on EU deportations. The headnote: Neither a decision to make a deportation order nor a notice of intention to make a deportation order triggers the two year period specified in regulation 24(5) of the EEA Regulations. The two year ...

23rd December 2016 By

Albino child from Nigeria wins asylum claim

A child can be at risk of persecutory harm contrary to the UN Convention on the Rights of the Child in circumstances where a comparably placed adult would not be at such a risk. Source: JA (child – risk of persecution : Nigeria) [2016] UKUT 560 ...

22nd December 2016 By

Chief inspector criticises Home Office handling of sham marriage cases

The Chief Inspector of Borders and Immigration has published a new report on the Home Office approach to sham marriages. The report is critical of the change in approach brought about by new powers conferred on officials by the Immigration Act 2014: T ...

21st December 2016 By

Upper Tribunal approach to proxy marriages conceded to be wrong by Home Office

In an interesting development on the validity of proxy marriages, the Home Office has taken the view in a Court of Appeal case that the Upper Tribunal’s approach in Kareem [2014] UKUT 24 is wrong in law. The Court of Appeal has declined to sim ...

21st December 2016 By

Immigration Minister sets out Home Office approach to ETS language testing cases

Interesting letter from the Immigration Minister to the Home Affairs Select Committee setting out the Home Office approach to and strategy on the ETS litigation. Source: Written evidence – Letter from Robert Goodwill MP, Minister for Immigration ...

20th December 2016 By

Tribunal makes order requiring dental age assessment of young asylum seeker

In a new case on dental age assessments, the tribunal has ordered that a young asylum seeker to undergo a dental x-ray and age assessment. If he refuses, his court case will be struck out. The case also gives general guidance on the correct approach t ...

20th December 2016 By

Home Office reviews Adult Dependent Relatives rules for parents and grandparents

The Home Office has reviewed operation of the cruel Immigration Rules for Adult Dependent Relatives such as parents or grandparents introduced in July 2012. They are considered to be meeting their policy objectives and will not be changed, the review ...

15th December 2016 By

Latest SRA review finds mostly positive picture for solicitors working with asylum seekers

The Solicitors Regulation Authority has published a new report into the quality of legal service provided to asylum seekers. The full report can be found here. The report is broadly positive: Solicitors and law firms are generally serving asylum seek ...

15th December 2016 By

Supreme Court criticises complexity of immigration rules (but dismisses case anyway)

The Supreme Court has given judgment in the case of Mirza v Secretary of State for the Home Department [2016] UKSC 63. The case concerned the effect of section 3C of the Immigration Act 1971 as amended and whether it extends leave where an applicant f ...

14th December 2016 By

Parliamentary report recommends continuation of EU law for existing residents

Following hot on the heels of the hardline British Future report on the rights of EU nationals in the UK after Brexit, the House of Lords EU Justice Committee has today published a report on the same subject. It is a far more comprehensive and compreh ...

14th December 2016 By

Nine convicted over student visa English test plot: BBC News

Nine people are convicted of an immigration fraud linked to English language tests used for student visas. Source: Nine convicted over student visa English test plot – BBC News Meanwhile, Nick Armstrong of Matrix Chambers has been involved in an ...

14th December 2016 By

Report recommends cut off date for new arrivals from EU

A hardline report chaired by prominent Leave campaigner Gisela Stewart into the status of EU nationals in the UK has recommended a cut off date for new arrivals from the EU, likely to be April 2017, and a massive registration programme for existing E ...

12th December 2016 By

Court of Appeal has finally had it with the Points Based System

The Points Based System is notoriously complex and indecipherable. Initially I believe this was simply incompetence on the part of Home Office officials unable to communicate in plain English and ill equipped to design to and then adapt to the constan ...

8th December 2016 By

Fact Sheet: The rights of EU nationals in the U.K.

  Jean Lambert MEP has published a factsheet on the legal rights of EU nationals currently living in the UK. Written by Colin Yeo, barrister at Garden Court Chambers, it answers several of the most commonly-asked questions in these uncertain time ...

8th December 2016 By

New UNHCR guidelines on armed conflict and violence published

GUIDELINES ON INTERNATIONAL PROTECTION NO. 12: Claims for refugee status related to situations of armed conflict and violence under Article 1A(2) of the 1951 Convention and/or 1967 Protocol relating to the Status of Refugees and the regional refugee d ...

5th December 2016 By

Fair dismissal for failure to produce evidence of right to work in UK | Personnel Today

An employment tribunal held that an employee was fairly dismissed after failing to produce evidence of his right to work in the UK. Interesting, if depressing. Hopefully this will be going up to the Employment Appeal Tribunal, if only so that we can s ...

5th December 2016 By

Latest immigration statistics published

The latest quarterly immigration statistics show that immigration to the UK for the year ended June 2016 was 650,000, the highest level ever recorded. Net migration stood at 335,000, just below the previous high of 2015. An estimated 49,000 more ...

2nd December 2016 By

“Remove first, appeal later” provisions in force from today: new guidance published

The power under the Immigration Act 2016 to certify any human rights appeal, not just deportation appeals, for “remove first, appeal later” treatment came into force today, 1 December 2016. For background see this earlier blog post: New co ...

1st December 2016 By

Form FLR(O) is dead. Long live forms FLR(HRO) and FLR(IR)!

Venerable Form FLR(O) is no more and has been withdrawn with effect from today, 1 December 2016. It has been replaced by two new forms:  FLR(HRO) broadly for applications outside the Immigration Rules based on human rights: discretionary leave (DL) ...

1st December 2016 By

Immigration barrister Tariq Rehman of Kings Court Chambers disbarred

The Bar Standards Board has taken the decision to disbar Tariq Rehman of Kings Court Chambers in Birmingham. You can Google them if you want but I am not linking to them. Mr Rehman is understood to have been involved with other immigration firms in th ...

28th November 2016 By

New guidance issued for EU free movement and Surinder Singh cases

Several new guidance documents on EU law free movement cases have been published by the Home Office over the last few days. They are: EEA family permits: guidance for entry clearance officers. This is an entirely new document aimed at Entry Clearance ...

28th November 2016 By

Court of Appeal judgment in ETS case of Qadir now available

This is the latest installment in the sorry ETS saga. For background see this series of blog posts. The Home Office actually conceded the appeal before the hearing, but the Court of Appeal gave judgment anyway because of the backlog of cases depending ...

27th November 2016 By

Government reverses 500% immigration tribunal fee increases

In a surprising but very welcome development, the Government has reversed the 500% increase in fees for immigration appeals which took effect on 10 October 2016. Fees will instead be charged at the old rates and those who have paid the higher fees in ...

25th November 2016 By

Massive batch of new forms and guidance released

There has been a massive batch of new guidance and forms issued today. At the time of writing these were the updates so far (updated 25/11/16): Application to extend stay in the UK as a partner: form FLR(M) Form UK Visas and Immigration Updated: 25 No ...

24th November 2016 By

Hesham Ali and Makhlouf: What is the correct approach to determining deportation appeals?

In the cases of Hesham Ali [2016] UKSC 60 and Makhlouf [2016] UKSC 59 the Supreme Court has, finally, given guidance the correct approach to the determination of appeals against deportation decisions. Both the appeals were dismissed and the Home Offi ...

24th November 2016 By

New Practice Statement on what tribunal “caseworkers” can do instead of judges

There is a new Practice Statement on what tribunal caseworkers (i.e. employed lawyers) can do instead of judges in the First-tier Tribunal Immigration and Asylum Chamber. Some of the functions are definitely ones I would consider to be judicial rather ...

23rd November 2016 By

Justice must not only be done but must manifestly be seen to be done

Astonishing conduct by a judge: In summary, the Judge (a) engaged in a private conversation with the Appellant’s representative (b) in the absence of the other party’s representative (c) in the precincts of the court room (d) partly out of ...

23rd November 2016 By

Free Movement major redesign coming soon: sneak preview

There is a major redesign coming soon to Free Movement. You can take a sneak peak at the new design here. It is not finished yet but we are getting close. There are also changes coming to pricing, membership structure and the way the website works to ...

23rd November 2016 By

Immigration Offences: Trends in Legislation and Criminal and Civil Enforcement

Really interesting from Migration Observatory on trends in immigration criminal and civil penalty enforcement. It came out a few weeks ago but it has taken me until now to look at it properly (there’s a LOT going on at the moment!). From the key ...

17th November 2016 By
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