Iraq Country Guidance Overturned

The controversial Country Guideline case of HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) has been quashed by the Court of Appeal. See the order here. The case of HM should no longer be followed as paragraph 2 of the order provides that ...

2nd December 2011 By

Invalid applications

Invalid immigration applications cause serious difficulties. The problem is that the UK Border Agency advises people not to make applications until shortly before their existing leave is due to expire. However, it often takes the Border Agency days or ...

1st December 2011 By

Segregation of immigration decisions

In a dense judgment that more than once has caused me to question my will to live the Court of Appeal has held that it is unlawful for the Secretary of State to separate a decision to refuse to extend leave from a decision to remove. The case is Sapko ...

30th November 2011 By

Change of website address

[UPDATE: now done, as you can see!] I have more or less finished building the new website and plan to switch over shortly. Before I do so I thought it might be helpful for readers to check it out and get back to me with any comments or suggestions and ...

27th November 2011 By

Should I stay or should I go?

The Hegelian dialectic is sometimes expressed as thesis followed by anti-thesis followed in turn by synthesis. Over time, compromise is the outcome. A tendency towards the middle ground can often be seen in human rights case law and immigration policy ...

25th November 2011 By

Skills workshop

Just a quick one to flag up that HJT Training is running a series of skills workshops with the excellent and inspiring Julian Bild as the trainer. Julian, formerly of RLC, Wilson and Co, Tyrer Roxburgh and IAS, has trained countless immigration lawyer ...

19th November 2011 By

One rule for the rich

The Government’s plan massively to increase the minimum income threshold required to sponsor family members to the UK came one step closer yesterday with the publication of a report by the Migration Advisory Committee (MAC). The full report can ...

17th November 2011 By

Blog changes ahead

There will be some changes coming on Free Movement. This has been absorbing quite a lot of my rather limited time of late, and there are several significant recent cases that I haven’t managed to flag up yet, for which I apologise. Work has been ext ...

14th November 2011 By

Review of spouses cases refused on age alone

As well as formally lowering the spouse visa age back to 18 through a formal change to the Immigration Rules on 28 November 2011 in response to the Quila case, the UK Border Agency is enabling the review of cases where applications were refused solely ...

9th November 2011 By

Commission on a Bill of Rights submissions deadline looms

My old pupil master, Ian Lewis, helpfully reminded me the other day that the deadline for the Human Rights Commission is approaching: 11 November 2011. With Remembrance Day and International Corduroy Day, 11/11/11 is going to be busy. The discussion p ...

8th November 2011 By

Spouse visa age lowered

UPDATE: see later post for information on applying for a review if your case has already been refused. The Government has announced today that the spouse visa age will be lowered again from 21 to 18. The change will take effect as of 28 November 2011. ...

7th November 2011 By

Watch out old work permit holders…

Back on 6 April 2011 the UK Border Agency made a change to the settlement rules for work permit holders who had entered the UK before the Points Based System was introduced. The change required a work permit holder to be paid a certain salary in order ...

2nd November 2011 By

Expanded immigration team at Renaissance Chambers

Regular readers will know that Free Movement practises from Renaissance Chambers, as do the other contributors to the blog. We have been expanding our immigration team at Renaissance over the last few months and have now also relaunched our website. L ...

27th October 2011 By

Important new case on children

In a judgment handed down yesterday HH Judge Anthony Thornton QC has given some very interesting guidance on the scope of the duty under section 55 of the Borders, Citizenship and Immigration Act 2009 following the guidance of the Supreme Court in the ...

26th October 2011 By

New evidence in Points Based System appeals

The Upper Tribunal has reported a decision on the effect of the new section 85A of the Nationality, Immigration and Asylum Act 2002: Alam (s 85A – commencement – Article 8) Bangladesh [2011] UKUT 00424 (IAC). The official headnote reads as follows ...

26th October 2011 By

More on Zambrano guidance

The UK Border Agency has released the slightly more detailed guidance on Zambrano-based applications that was referred to in my earlier post on this. This follows from a Freedom of Information request, although in fact the document had already been pr ...

25th October 2011 By

Effect of Quila

UPDATE: SEE LATEST POST. Following a hell of a lot of confused, confusing and anguished comments on my last post on Quila, I thought it might be helpful to set out my take on the effect of Quila. The first thing to say is that I would be very wary of ...

18th October 2011 By

Goodbye paragraph 395C?

Theresa May and David Cameron have promised to crack down on the perversion of human rights. May specifically stated that she wanted to amend the Immigration Rules to do so. Some of this is no doubt pure politics of the dogwhistle variety: it will not ...

14th October 2011 By

Home Office appeal in Quila dismissed

UPDATE: SEE LATEST POST. In a judgment just handed down the Supreme Court has by a majority dismissed the Home Secretary’s appeal against the Court of Appeal’s ruling in the case of Quila v Secretary of State for the Home Department [2011] ...

12th October 2011 By

Five years of immigration detention ruled unlawful

In the case of R (on the application of Sino) v Secretary of State for the Home Department [2011] EWHC 2249 (Admin) (25 August 2011) John Howell QC, sitting as a deputy judge of the High Court, held that the entire period of detention of an Algerian m ...

11th October 2011 By

Yet another major immigration speech

Prime Minister David Cameron has made yet another keynote speech on immigration. He seems hell bent on setting back race relations in this country by forty years. Encouraging members of the public to rat on suspected illegal immigrant neighbours or wo ...

10th October 2011 By

Maya The Cat

I have so far refrained from any mention of cats, although I came THIS close to asking in examination in chief yesterday whether my clients owned a cat… You can read the disputed determination for yourself here, courtesy of The New Statesman. Yo ...

7th October 2011 By

More on Zambrano

I’ve previously posted up the publicly available UKBA guidance on Zambrano, but a commenter very helpfully posted a link to more information available on the Wornham & Co blog. I don’t myself post letters to or from ILPA unless the inf ...

6th October 2011 By

Yet more Tribunal decisions

After what felt like something of a hiatus early in the year, the tribunal has been churning out new reported cases in recent months as if there was no tomorrow. As far as I know no-one has suggested scrapping the Immigration and Asylum Chamber YET, a ...

4th October 2011 By

Family migration proposals

Damian Green’s speech on immigration on 15 September 2011 revealed various proposals which seem likely to become law. These build and elucidate on previous proposals, previously covered here on the blog. The tone of the speech and the proposals ...

29th September 2011 By

Zambrano guidance by UKBA

The first of my catch-up posts comes courtesy of the indefatigable Mr T – many thanks, Mr T. The UK Border Agency have issued some belated guidance on the Zambrano case. It only appears in the form of an item on the news section of the UKBA webs ...

27th September 2011 By

Immigration control

Passing through immigration control on my return to the UK yesterday, my wife had to restrain me from taking a photograph of one of the notices that appeared on the UK visual displays at Heathrow. She wanted to get home sooner rather than later and, o ...

26th September 2011 By

Free Movement is away

I’m off on holiday and am delighted to say that I won’t be back for three weeks. I’d hoped to set a couple of posts to pop up automatically while I’m away but I’ve been too busy packing. See you in a few weeks. ...

5th September 2011 By

More reported tribunal cases

I’m a bit behind on tribunal determination updates, but here’s the latest batch of diktats reported cases. The first is interesting, the others somewhat less so, in that they do not seem to have a great deal of broader application. The r ...

30th August 2011 By

New research paper on marriage immigration

The Home Office have published a new piece of research they commissioned, entitled Marriage-related migration to the UK, by Katharine Charsley, Nicholas Van Hear, Michaela Benson and Brooke Storer-Church. It makes very interesting reading for anyone i ...

25th August 2011 By

One MILLION hits!

Free Movement has just hit one MILLION, er, hits. As with Dr Evil, that isn’t actually a lot of hits in today’s world, but for a small, specialist legal blog it isn’t bad going. Time for some reminiscing… The first post was on ...

23rd August 2011 By

New ILPA website

The Immigration Law Practitioners Association (ILPA) have substantially re-vamped their website. It is a huge improvement on the old one. The public-facing site is basically the same as the old one but looks better and more modern. A new facility for ...

22nd August 2011 By

The UK Border Agency: de-moralised

In his speech on Monday addressing the long term causes behind the recent looting, David Cameron blamed the State. The communities that erupted need less help, not more, it would seem. In some classic post-Blair, verb-free rhetoric, Cameron recited so ...

17th August 2011 By

Second appeal criteria tighter than expected

Mark Symes has posted an article over at the HJT Immigration Blog on a new case from the Court of Appeal on the ‘second appeal criteria’. The case is PR (Sri Lanka) & Ors v Secretary of State for the Home Department [2011] EWCA Civ 988 ...

15th August 2011 By

English barrister refused right of audience in immigration tribunal in Scotland

It turns out that the muppets* at the Ministry of Justice have laid regulations that at first glance appear to forbid English and Welsh barristers and solicitors from appearing in the immigration tribunal in Scotland and Northern Ireland but which per ...

8th August 2011 By

Claim CPD hours through the blog

It is now possible to claim CPD (Continuing Professional Development) points through the blog, in conjunction with HJT Training. The poll a couple of weeks ago suggested that there is a reasonable level of interest in this, so we’ve put togethe ...

3rd August 2011 By

New bail guidance and AVID Handbook

I have started to think about the Herculean (perhaps Sisyphean a better analogy? – ed.) task of updating the HJT Immigration Manual, something I do at least once per year. This year there is a LOT to change, and I’m not looking forward to ...

2nd August 2011 By

Critical report on UKBA use of country information

The Chief Inspector of UKBA, John Vine, two weeks ago released a new report on the use of country information by the UK Border Agency in asylum claims. I’ve been too busy to finish writing about it, unfortunately, and am still catching up on va ...

28th July 2011 By

Important new case on costs

The Court of Appeal has given judgment in an extremely important new case on costs, R (on the application of Bahta & Ors) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 (26 July 2011). It specifically concerns the UK Bo ...

27th July 2011 By

UKBA to Libyans: PLEASE don’t claim asylum

The UK Border Agency can be very generous and understanding when it wants to be. For some reason, Libyans currently in the UK whose visas are running out are being told that they don’t need to meet the rules required for an extension, they don&# ...

22nd July 2011 By