Upper Tribunal tackles the law on the parent/child relationship

In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether someone who has a child in the UK should be allowed to stay here. The case is helpf ...

16th October 2018 By

Luxembourg court to be asked if the UK can cancel Brexit

Last week the Scottish Court of Session agreed to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. The case, formally kno ...

26th September 2018 By

Deal or no deal? What a cliff-edge Brexit would mean for EU citizens

With the Article 50 deadline fast approaching, there has been growing concern that the UK will leave the European Union with “no deal”. If no withdrawal agreement making provision for a transition period is reached by 29 March 2019, the UK will fa ...

30th August 2018 By

What’s going on with UK visit visas?

In short: the Home Office are frequently refusing them. This may not come as a surprise to immigration lawyers, who are all too familiar with the Home Office’s culture of disbelief, but it has come as a nasty shock to many artists, authors, and perf ...

13th August 2018 By

The ETS English language testing saga is over

The decision in Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 brings to an end the long-running ETS saga, so called after the Educational Testing Service company that discovered large-scale cheating on its Home Offic ...

25th July 2018 By

Don’t forget about Article 8 in asylum cases

The success or failure of a fresh claim judicial review usually depends on the specific facts of the case and the quality of the Home Office’s reasoning in their decision letter. As a result they rarely contain points of general importance and are n ...

19th July 2018 By

Ambiguous changes to entrepreneur visas show why the Immigration Rules need simplifying

As regular readers of this blog will be aware, the Home Office’s latest statement of changes to the Immigration Rules comes into force tomorrow (Friday 6 July 2018). Nath has summarised the various changes being introduced in a previous post. Althou ...

5th July 2018 By

When law and politics collide: Brexit in the Court of Session

The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. Given that the subject matter inv ...

11th June 2018 By

Winning a deportation appeal: a good judge, on a good day

Just a few days ago Thomas Beamont wrote on this blog about the Court of Appeal’s decision in Mwesezi v Secretary of State for the Home Department [2018] EWCA Civ 1104 in which the court upheld a decision to deport a foreign criminal. In Secretary ...

6th June 2018 By

The consequences of “inadvertently misleading” the Home Secretary

On 29 April the Home Secretary, Amber Rudd, resigned after admitting that she had “inadvertently misled the Home Affairs Select Committee over targets for removal of illegal immigrants” from the UK. A few days previously she had told the comm ...

1st May 2018 By

High Court’s denunciation of immigration lawyers will have a chilling effect

A lawyer is not merely a conduit through which their client’s grievances can be aired in court. The grievance must be formulated into a coherent and stateable case and presented in a professional, honest, and courteous manner. The Solicitors Regulat ...

27th April 2018 By

Court of Session case on blocking Brexit goes to full hearing

Campaigners seeking to confirm whether the UK’s Article 50 notification triggering Brexit can be unilaterally revoked are one step closer to getting a decision from the Court of Justice of the European Union. Yesterday the Inner House of the Co ...

21st March 2018 By

Internal relocation may not be “unduly harsh” on criminals

Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, which concerned a Jamaican national originally granted asylum ...

9th January 2018 By

Court of Appeal: visa conditions do not count unless notified in writing

Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails to d ...

15th December 2017 By

The Home Office is entitled to ignore a judge’s decision to grant bail

The Court of Appeal has reluctantly agreed that the Home Office has the power to ignore a First-tier Tribunal’s decision to grant bail to an immigration detainee. However, on the particular facts of the case, the decision to refuse consent to bail w ...

24th November 2017 By