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

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

Home Office fails to act on recommendations of family returns advisers

The Home Office has belatedly published the reports of the Independent Family Returns Panel for 2012 to 2014 and 2014 to 2016. Home Office responses have been published in parallel. Why the Home Office was withholding from publication for so long th ...

19th January 2017 By

Immigration update podcast, episode 34

Welcome to the October 2016 edition of the Free Movement immigration update podcast. This episode I start with the abortive increase in fees for immigration appeals and changes to appeals to the Court of Appeal, cover new types of online applications ...

19th January 2017 By

Court of Appeal endorses Home Office practice of issuing supplementary decision letters

The Court of Appeal has in effect endorsed the Home Office practice of issuing “supplementary” decision letters during judicial review litigation to try and make good defects in the original refusal. The case is Caroopen & Myrie v The ...

18th January 2017 By

New case from President on children’s best interests and the public interest

Important new determination from President McCloskey on the best interests of children in human rights cases where the statutory considerations apply: Kaur (children’s best interests / public interest interface) [2017] UKUT 00014 (IAC). The offi ...

18th January 2017 By

New Home Office policy on administrative removals

Two new Home Office policies were published today: Criminal investigations (Immigration Enforcement) Liability to administrative removal (non-EEA): consideration and notification The one on administrative removal lools particularly important. It cover ...

18th January 2017 By

Eight changes the UK Government could make right now to simplify permanent residence applications

EU citizens wanting to apply for proof of their right of permanent residence in the UK currently have to cut through spools of red tape. The unnecessary bureaucracy defeats some, who are wrongly being told by the Home Office that they must leave th ...

18th January 2017 By

Immigration tribunal President blasts lawyers in sex grooming gang appeal (updated)

President McCloskey has blasted the “cavalier and unprofessional” lawyers for both claimants and the Home Office in his latest determination of Shabir Ahmed and others (sanctions for non – compliance) [2016] UKUT 00562 (IAC). The case ...

13th January 2017 By

Updated Home Office guidance on permission to work and volunteer for asylum seekers

Changes since the last version of the guidance: updated to include reference to criminality and delay when considering permission to work applications improved guidance on applying for permission to work to provide clarity for claimants on what is exp ...

13th January 2017 By

Total of 31 illegal immigrants removed from UK as a result of Right to Rent

The same report goes on to reveal that the Home Office is no longer even attempting to monitor the outcomes of the “papers, please” Right to Rent scheme. This is despite uncharacteristically strong criticism of this failure from David Bolt ...

12th January 2017 By

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

Immigration update podcast, episode 33

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
1 4 5 6 7 8 9 10 11 12 13 14 34