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

ONS video explains census data

This is such a good explanation of the census data on the foreign-born component of the ‘usually resident’ population that I felt I had to share it. Really good work by the Office of National Statistics. It is a five minute look at the dat ...

11th December 2012 By

Open season on immigration lawyers

There has been a lot of media coverage of judicial review applications in the last few days, as most readers will no doubt have noticed. The Government has announced plans to (a) reduce the time limit for judicial review from three months, (b) increas ...

21st November 2012 By

Last minute judicial reviews: warning

The President of the Queens Bench Division, Sir John Thomas, has issued a dire warning to solicitors applying for last minute judicial reviews and injunctions in immigration cases. The comments come in the case of R (on the application of Hamid) v Sec ...

14th November 2012 By

Blatant puff piece

Back to more serious blogging and the detention mini series ASAP, but I simply can’t resist a quick plug for Renaissance Chambers, the team behind this blog. On Thursday last week we were awarded the tasteful little logo to the right by Chambers ...

5th November 2012 By

The Outer Limit

The Court of Appeal recently gave judgment in the case of R (on the application of Muqtaar) v Secretary of State for the Home Department [2012] EWCA Civ 1270, a challenge by a Somali national to his detention under administrative immigration powers fo ...

30th October 2012 By

News flash on Sri Lanka charter flight

It is Sri Lanka Charter Flight day again today. Just a quick one to say that the UK Border Agency has suddenly withdrawn parts of its new October 2012 Operational Guidance Note (link to old version) on Sri Lanka. Paragraphs 3.3.4 and 13.6 have been ...

23rd October 2012 By

More on pre-entry English language challenge

In his judgment in the case of R (On the Application Of Bhavyesh & Ors) v Secretary of State for the Home Department [2012] EWHC 2789 (Admin) Blake J has dismissed the latest attempt to challenge the requirement that foreign spouses learn Engli ...

18th October 2012 By

Interesting fresh claim case

I’ve no time for a proper post at the moment but as a filler take a look at a few choice quotes from an interesting fresh claim judicial review concerning an Iranian convert to Christianity and her son, the case of R (on the application of SA (I ...

17th October 2012 By

Blog developments

From its conception in 2007, the Free Movement blog has been about sharing information and ideas. When the blog first went live with an anonymous author and zero readership the ‘About’ page had this to say: All you need to know about me is ...

12th October 2012 By

UNHCR guidelines on survivors of male rape and sexual violence

UNHCR has published guidelines on Working with men and boy survivors of sexual and and gender based violence in forced displacement. The document is essential reading for anyone working with such men and boys and it is the first time I can recall seei ...

8th October 2012 By

Holiday

Colin is now off on holiday for a fortnight so updates will be even slower than the last fortnight. There are a couple of posts in the pipeline, though, and there is likely to be a flurry of catching up activity on his return. They keys to the blog Tw ...

31st August 2012 By

Operation Mayapple and Home Office use of social media

The UK Border Agency has taken to using social media to proclaim its propaganda on the ongoing purge of illegal immigrants from the United Kingdom. Conventional press releases are no longer sufficient. Free Movement has already covered the use of YouT ...

23rd August 2012 By

Daily Mail drafting grounds at UKBA?

The UK Border Agency just got permission to appeal from the First-tier Tribunal on these grounds, reproduced word for word in their entirety: The Judge of the First-tier Tribunal has made a material error of law in the determination in the following w ...

1st August 2012 By

UK Border Agency recruiting barristers for tribunal work

It will not have escaped the attention of immigration barristers in London that there are some very fresh faces in court acting for the Home Office. ‘Operation Present’ is back, sort of, with the Home Office having recruited a bunch of jun ...

27th July 2012 By

Judge hung out to dry

As we have previously argued on this blog here and here, attacks by newspapers on judges for following and applying the law are unwarranted and dangerous in a healthy democracy. In one recent such attack article, the Daily Mail named a particular imm ...

19th July 2012 By

Zimbabwe Country Guidance case overturned

In a follow up to my last post on Country Guidance cases generally and the Court of Appeal judgment in SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940, the existing Country Guidance case on Zimbawe, that of EM and Others (R ...

16th July 2012 By

Country Guidance cases reviewed

In the jurisprudential equivalent of Easyjet and Ryanair flights simultaneously arriving at Stansted from Alicante, Malaga AND Lanzarote, a number of important cases have just been deposited in the luggage carousel that is BAILII. School is now out an ...

16th July 2012 By

Immigration judicial reviews to be transferred

The Government is amending the Crime and Courts Bill to allow transfer of any or all immigration, asylum and nationality judicial review cases from the High Court to the Upper Tribunal. This seems to have pretty much universal support from Government, ...

4th July 2012 By

The Telegraph’s witch hunt for lenient judges

The Sunday Telegraph yesterday published an article singling out three Senior Immigration Judges as being excessively lenient. I am going to more or less ignore the issue of the correctness or otherwise of the principle of singling out judges based on ...

18th June 2012 By

Interruption to normal service…

Free Movement will be on light to non-existent blogging and Tweeting duties for the next fortnight or so owing to the birth on Monday of baby Annabel, sister to Alec. All is well but blogging is not top of FM’s to-do list at the moment. ...

13th June 2012 By

Can reducing immigration be a legitimate aim in human rights law?

It has been announced that a minimum income threshold will be introduced for foreign spouses to be eligible to come to or remain in the UK. The level will be set at £18,600 for those without children and at higher levels for those with children. In d ...

11th June 2012 By

Poor people to be prevented from marrying

Theresa May has announced that people considered by Bullingdon Club alumni David Cameron and George Osborne to be ‘poor’ will be prevented from marrying or living together in the same area. In order that individual assessments need not be ...

11th June 2012 By

How soft is the law on deportation right now?

Not very soft at all. Paragraph 364 of the Immigration Rules, which governs both the UK Border Agency and to a significant extent the immigration tribunal and courts, states that, subject to human rights law (an important proviso), there is a presumpt ...

10th June 2012 By

Can Article 8 be ‘overridden’?

The BBC is today reporting that Theresa May intends on Monday to introduce new guidelines telling judges what to think about Article 8 of the European Convention on Human Rights. Article 8 is the right to a private and family life and is worth quoting ...

10th June 2012 By

Can the UK suspend free movement?

In an interview with The Telegraph this weekend Home Secretary Theresa May appeared, at least to those wearing magic-rabidly-Eurosceptic-wishful-thinking-specs, to suggest that the UK Government was contemplating suspending free movement rights for s ...

27th May 2012 By

Inter-country adoption case

In Buama (inter-country adoption – competent court) Ghana [2012] UKUT 146 (IAC) Upper Tribunal Judge Warr held that there is no basis for the UK Border Agency to go behind a court order made by a competent court in a foreign country. Where suc ...

24th May 2012 By

Two tribunal cases on deception

In the case of Mumu (paragraph 320; Article 8; scope) Bangladesh [2012] UKUT 143 (IAC) Judges of the Upper Tribunal Storey and Lane have dismissed an appeal against a refusal under paragraph 320(7A) of the Immigration Rules. This reads as follows: ( ...

23rd May 2012 By

London Legal Walk sponsorship

As in previous years, a team from Renaissance Chambers is today undertaking the London Legal Walk and seeks sponsorship. We provide this blog free of charge but if you would like to support our cause we would be grateful. Follow this link to do so. I ...

21st May 2012 By

Advocate General Opinion on Other Family Members

Advocate General Bot has given his Opinion in the case referred to the Court of Justice of the European Union by President Mr Justice Blake. I have already flagged the new Opinion up on the blog but at the time had not had an opportunity to read it. T ...

18th May 2012 By

GS (India) and medical treatment cases

Some time ago, I put up an angry post (it is never a good idea to publish in anger) about the case of  GS (Article 3 – health exceptionality) India [2011] UKUT 35 (IAC), in which it was held that a diabetic man on dialysis who would be painfully ...

17th May 2012 By