Round up

There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who missed their beloved Free Movement updates here is a brief round up of developments I’ve spotted looking throu ...

21st May 2013 By

Back from holidays

Back from holidays but lots of catching up to do. Lots of immigration Stuff seems to have happened in the last two weeks! ...

21st May 2013 By

Free Movement is away

Free Movement is now away on holiday for a couple of weeks. The blog has been a bit quiet the last week, for which I apologise – I’ve been poorly and anything more than Twitter has been a bit of a stretch. Better now, though. Dormant posts ...

4th May 2013 By

LASPO resources

Comprehensive list of LASPO resources From the Legal Aid Handbook people, brand new edition available to buy now. ...

30th April 2013 By

ACCA not a degree

ACCA not a degree says High Court Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that were decided before the Supreme Court decision in Alvi. Note that the claimant in this case, Syed, had to argue ...

29th April 2013 By

Legal aid and access to justice

Legal aid work has, paradoxically, always felt like both a duty and a privilege. A duty because the rates of pay are much lower than for private work and, arguably, even artificially depress private rates. The still recent across the board 10% cut in ...

22nd April 2013 By

Chen children and employment

Chen children and employment Interesting new case on Chen children and whether income from the lawful employment of their parents can create self sufficiency for the purposes of EU law: Seye (Chen children; employment) [2013] UKUT 178 (IAC). Tribunal ...

18th April 2013 By

European Court of Human Rights fact sheet

Not a high number In 2012, 0.48% of cases against the UK succeeded before the European Court of Human Rights. Interesting fact sheet from Strasbourg on UK cases. ...

16th April 2013 By

Access to the internet at immigration detention centres

It looked for a while like banning this blog was all the rage. First there was some discussion on Twitter on which websites are banned within immigration detention centres, then the immigration tribunal presidents had a go as well. What are "proh ...

11th April 2013 By

Baa humbug

Sheep shearer concession I kid you not. ...

9th April 2013 By

Sikhs in Afghanistan

DSG &  Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC) Having done quite a few Afghan Sikh cases myself I can say this looks like a very sensible and pragmatic decision essentially disavowing the rather antiquated exis ...

8th April 2013 By

Important guidance on medical evidence in asylum cases

JL (medical reports-credibility) China [2013] UKUT 145 (IAC) Important read for anyone commissioning, writing or relying on medical reports in asylum cases. Official headnote: (1) Those writing medical reports for use in immigration and asylum appeals ...

8th April 2013 By

OO (gay men: risk) Algeria [2013] UKUT 63 (IAC)

OO (gay men: risk) Algeria [2013] UKUT 63 (IAC) Official headnote: a) “Sodomy” and “acts against nature with a member of the same sex” are illegal under Penal Code Article 388 and 333 in Algeria and on conviction carry a criminal sentence of u ...

8th April 2013 By

Plus ça change

So, the ill-starred UK Border Agency is to be abolished. Few if any will be sorry to see it go. But the sordid business of immigration control will go on and, as the Permanent Secretary, Mark Sedwell, wrote to staff: “Most of us will still be do ...

8th April 2013 By

Jo Renshaw on the effect of LASPO

Excellent but awfully depressing article by Jo Renshaw of Legal Aid Lawyers of the Year 2012 firm Turpin & Miller in the New Law Journal on the effect of LASPO: …The list of casualties among those who are often the least able to fight thei ...

2nd April 2013 By

Case of Wray successfully appealed

Email in from David Jones at Garden Court Chambers: Just wanted to drop you a line as it has been flagged up to me that Mark Wray v SSHD [2010] EWHC 3301, a case with which I have been involved, has been relied on in judgments to support interference ...

13th March 2013 By

Forum and other blog news

The Free Movement Forum will, I hope, be an essential resource and outlet for immigration lawyers. Joining is also, of course, a good way to support the blog and the work that has goes into it if you value that and find it useful. The launch seems to ...

11th March 2013 By

Forum opens today

The Free Movement forum launches today. It is intended to be a private, progressive space in which immigration lawyers, campaigners, academics, students and select others can help one another and discuss any or all immigration, asylum, nationality and ...

4th March 2013 By

Channel 4 News report on suspension of Tamil removals

Renaissance Chambers doesn’t get a mention by The Snow but does in the accompanying website article, which is nice. Great work by Charlotte and Nishan. For clarification, S. Satha & Co were the solicitors acting. ...

27th February 2013 By

Free Movement forum coming soon

Continuing in the spirit of innovation, the Free Movement legal forum will, all being well, launch next week. I’m seeking comments or feedback on the idea now before it goes live. A Join the forum introductory page has been added to the menu bar ...

27th February 2013 By

Halsbury Legal Awards 2013

With an unhealthy mixture of surprise, embarrassment and pride (emphasis on surprise, I think) we can announce that the Renaissance Chambers Immigration Team has been shortlisted for the Award for Innovation – The Bar at the Halsbury Legal Award ...

25th February 2013 By

Best interests of child and Dublin II

In Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, when an applic ...

21st February 2013 By

Migration map

IOM inward/outward migration map Interesting! Thanks to @deportedfromUK for the heads up. ...

18th February 2013 By

May be wrong

Theresa May this weekend launched a blistering and unprecedented attack on ‘a minority of judges’, accused them of ignoring the will of Parliament by refusing to deport foreign criminals. Remarkably, she said that: A minority think it is t ...

18th February 2013 By

This instrument is drawn to the special attention of the House on the grounds it may inappropriately achieve its policy objective. House of Lords Secondary Legislation Scrutiny Committee, 6th Report of Session 2012-13, Statement of Changes in Immigrat ...

17th February 2013 By

Country Guidance on Burma unlawful

The Court of Appeal has ruled that Country Guidance on Burma dating back to 2009 was legally flawed. Decisions based on the earlier TK case are therefore flawed. Full post and analysis to follow. ...

13th February 2013 By

Residence rights of durable partners

Very good note by AIRE Centre on durable partners in EU law and their rights if they suffer domestic violence and relationship breakdown. ...

12th February 2013 By

New Phelan freshly minted!

Hard copy left, Kindle right (buying via these links throws me a very small bungreferral fee) Amazon doesn’t yet have an image but for those wondering about this year’s colour, it is a bit like the 2003 model but a slightly mintier green. ...

6th February 2013 By

Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC)

Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC). About as good as it could be. Appeals to be allowed where UK Border Agency Points Based System decisions fail to apply the evidential flexibility policy. ...

1st February 2013 By

CM (EM country guidance; disclosure) Zimbabwe CG [2012] UKUT 00059 (IAC)

No general duty on Secretary of State to disclose evidence in asylum cases, only not to mislead by omission Overturned Country Guidance in case of EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) reinstated with amendment to account for RT ...

1st February 2013 By

Mirza (ACCA Fundamental level qualification – not a recognised degree) [2013] UKUT 41 (IAC)

But why chose to report a case when the appellant had no lawyer? ...

1st February 2013 By

BID AGM

The charity Bail for Immigration Detainees (BID) asked me to speak at their AGM last night and I was delighted to accept. It was held at Amnesty International’s Human Rights Action Centre in Shoreditch. I expected the auditorium seating to split ...

23rd January 2013 By

Blog changes ahead

I am planning some changes to the blog in the next week or so. This may lead to some down time and/or a very funny looking blog for a while. Hopefully a short while. Firstly, I need to mess around with and change the theme as it seems to be doing a fe ...

20th January 2013 By

Free Movement 2012 ebook

I have collected together all the blog posts for 2012 into an ebook, which is now available on the Kindle store. By a surprising automated process, the blog posts were automatically sucked up by some sort of scary blog muncher website and then spat ou ...

16th January 2013 By

More judicial warnings to immigration lawyers

A barrister … must promote and protect fearlessly and by all proper and lawful means the lay client’s best interests and do so without regard to his own interests or to any consequences to himself or to any other person (para 302, Code of ...

11th January 2013 By

Year in review

First of all, some stats from the blog for 2012: 722,000 page views 2,000 page views per day on average 356,000 visitors 2 min 46 sec average visit duration 2 pages viewed per visit on average 149 new blog posts in 2012 (three per week) 21,500 unique ...

28th December 2012 By

Christmas time

Just a reminder that time does not run over the Christmas period for lodging appeals in the First-tier Tribunal against its decisions. See the Asylum and Immigration Tribunal (Procedure) Rules 2005 (as heavily amended) rule 2 definition of ‘busi ...

27th December 2012 By

Santa arrested

The UK Border Agency today announced that Santa has been arrested as part of the #fakexmas campaign. Apprehended importing a considerable number of toys seemingly made by reputable manufacturers, Santa is reported to have admitted that the toys are ch ...

20th December 2012 By

Thought for the day

“I agree with my noble friend that no area is more complex than the whole business of the Immigration Rules and the procedures surrounding them.” Lord Taylor of Holbeach in response to Lord Lester of Herne Hill, Hansard, 12 December 2012: Column ...

17th December 2012 By

Judicial review consultation

The consultation on changes to the procedure for judicial review has opened and it closes on 24 January 2013. Regular readers will recall that these proposals were said by David Cameron to be part of the Government’s efforts to combat the recess ...

14th December 2012 By