Level playing field for extensions of time

Don’t let this one slip by unnoticed: Wang & Chin (Extension of time for appealing) [2013] UKUT 00343 (IAC) Colin recently alerted readers by way of a short post to the recently promulgated determination in Wang & Chin. If you have not done ...

6th August 2013 By

Sri Lanka Country Guidance seminar report

Last Friday evening Renaissance Chambers’ immigration group hosted a seminar about the new Sri Lanka Country Guidance: GJ and Others (post-civil war: returnees) Sri Lanka CG [2013] UKUT 00319 (IAC). I had the pleasure of speaking together with Shiva ...

15th July 2013 By

More changes to the Immigration Rules

Two Statements of Changes to bring to your attention, HC1038 and HC1039. On Monday 1 April 2013, HC1038 came into effect and can be viewed here. Far weightier are the changes contained in HC1039 which will be brought into force on Saturday 6 April 201 ...

4th April 2013 By

EU Afghanistan and family tracing: the retreat from KA

Like me, readers may have detected some uncertainty from the First-tier and Upper Tribunals about how best to determine claims of former UASCs from Afghanistan in light of EU and others (Afghanistan).   In EU the Court of Appeal, Sir Stanley Burnton ...

26th March 2013 By

The New Deportation Rules

From 9 July 2012 the UKBA’s new rules on deportation took effect and should be retrospective, paragraph A362 stating ‘Where Article 8 is raised in the context of deportation…the claim under Article 8 will only succeed where the requirements ...

7th September 2012 By

Significant step forward for young asylum seekers

The Court of Appeal’s judgement in KA (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1014 makes it absolutely clear that the Secretary of State’s duty toward unaccompanied minors, in particular her duty to tr ...

24th August 2012 By

Whither Zambrano?

One day, some day, the Immigration (European Economic Area) Regulations 2006 will finally be amended to reflect the UK Border Agency understanding of Zambrano. Until then we will all continue to struggle both on a practical and conceptual level. Zambr ...

28th June 2012 By

New Statement of Intent on family migration

Fresh off the press is the Government’s Statement of Intent: Family Migration which proposes not just to change but to direct the way in which the UKBA and Courts decide Article 8 cases. FM has recently discussed whether it is legally permissible to ...

13th June 2012 By

Applied Language Solutions: I say ‘Tomato’

I say ‘Tomato’, interpreter says ‘Potato’. I say ‘Potato’, interpreter says ‘Tomato’. Tomato. Potato. Potato? Tomato? Everyone thinks I’ve given inconsistent evidence, my credibility is shot to pieces, I’ve lost my case. Applied La ...

16th March 2012 By

Unattended children in Afghanistan

This is the week in which Human Rights Watch reported that ‘Children deported to Kabul will face horrible risks‘ and Amnesty International reported that at least 28 children had died in the IDP camps around Kabul as result of the freezing wint ...

29th February 2012 By

Maslov and the bright line

In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of both the First Tier and Upper Tribunals in finding the Maslov ‘very serious reasons for justifying the expulsion ...

13th February 2012 By