No costs awarded for successful unlawful detention claim

In an apparent effort to dissuade anyone from reading the rest of the judgment in R (Sanneh) v SSHD [2019] EWCA Civ 1319, Lord Justice Jackson began ominously: This is an appeal about costs. The usual rule is that the loser in any litigation pays the ...

2nd August 2019 By

Win a deportation appeal? You can still be deported, Court of Appeal holds

If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even where there has been no further offending? In MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252, the Court of Appea ...

24th July 2019 By

What does “unduly harsh” mean in deportation cases?

In the case of Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 the Court of Appeal considered the meaning of “unduly harsh” in deportation cases, overturning the decisions of both of the tribunals that had pr ...

17th July 2019 By

Father of three with sickle cell disease faces deportation for drug offences after six-year appeal saga

The deportation case of a Nigerian man with sickle cell disease, resident in the UK for almost three decades, has been bouncing around the UK court system for over six years. It appears the case has finally been settled by the Court of Appeal – on i ...

9th July 2019 By

Does ANY overstaying rule out settlement after 10 years’ long residence? Confusion after Court of Appeal ruling

Migrants who have spent ten years in the UK with continuous and lawful leave can apply for indefinite leave to remain (ILR). Can leave be “continuous” if it involved short gaps between lawful periods of leave where an applicant has oversta ...

27th June 2019 By

Work visa refusal based on “genuine vacancy” rule declared irrational

Where a company sponsors a worker from overseas to fill a vacancy in the UK they must only do so if that vacancy is “genuine”. The case of R (Suny) v SSHD [2019] EWCA Civ 1019 arose from a disagreement between a sponsored worker and the Ho ...

25th June 2019 By

Indian entrepreneur faces being kicked out of UK over payroll paperwork

Hot on the heels of the decision in Sajjad comes another mind-bending Home Office decision on Tier 1 (Entrepreneur) visa extensions, this time relating to job creation.  In R (Khajuria) v SSHD [2019] EWHC 1226, an Indian entrepreneur had created the ...

22nd May 2019 By

How to invest: Court of Appeal gives important guidance to entrepreneurs

One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously showed was available for investment in their initial applications. The important case of R (Sajjad) ...

24th April 2019 By

Six reasons why the Windrush compensation scheme fails victims

Last week the Home Office announced the establishment of its compensation scheme for those affected by the Windrush scandal (the Scheme). We have published a briefing on how the Scheme will work, who is entitled to compensation, and the key documents ...

10th April 2019 By

How to apply to the Windrush compensation scheme

Almost a year after it first broke, the Home Office has opened a compensation scheme for those affected by the Windrush scandal (the Scheme). It expects to pay out up to £310 million to victims. We provide in this post a brief outline of how the Sche ...

10th April 2019 By

Blocking deportation: seven tips for an appeal-proof tribunal judgment

The judgment in SSHD v SS (Jamaica) [2018] EWCA Civ 2817 continues a trend in which ‘foreign criminals’ who had been successful in their initial tribunal appeals against deportation have had those decisions overturned in the Court of Appeal. Free ...

28th January 2019 By

The irremovables: what happens to national security threats who cannot be deported?

The Home Office considers some foreign nationals living in the UK to be a threat to national security. Sometimes, to deport those individuals (as the government no doubt prefers) would be unlawful, because of how they would be treated on return to the ...

16th November 2018 By

Five things the Daily Mail got wrong about immigration appeals

The toxic wasteland of the Daily Mail’s back catalogue on the topic of immigration needs no introduction. It is perhaps no great surprise that, asked to spend some time at Taylor House immigration tribunal recently, the pithy headline for Mail r ...

2nd November 2018 By

Visas for children under Appendix FM of the Immigration Rules

In this post we are going to look at the requirements for children to obtain permission to enter and stay in the UK under Appendix FM. As we have seen in recent posts on the subject, Appendix FM (for “family members”) sets out the rules f ...

25th September 2018 By

How to gather evidence in support of a non-EU deportation appeal

In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has been made subject to an order for deportation. It is adapted from our full online training course on deportatio ...

10th September 2018 By

Unlawfully imposed curfews amount to false imprisonment

In R (Gedi) v Secretary of State for the Home Department [2016] EWCA Civ 409 the Court of Appeal reversed a High Court decision that the words “restriction as to residence” in paragraph 2(5) of Schedule 3 to the Immigration Act 1971 em ...

4th July 2018 By

Comment: What is driving the Home Office fees increase?

When asked why the fees for visa applications are so expensive, the Home Office traditionally responds that the immigration system should be “funded by those who benefit from it”, in order to reduce taxpayer expense. This is a convenient p ...

2nd July 2018 By

New country guidance case on Kurds returned to Iraq

AAH (Iraqi Kurds – internal relocation) (CG) [2018] UKUT 212 (IAC) is a recent country guidance case on the availability of internal relocation for Iraqi Kurds to the Iraqi Kurdish Region. This case updates some of the guidance contained in AA ( ...

2nd July 2018 By

Long delays in Home Office provision of immigration bail accommodation are lawful

Where a detainee is held under immigration powers by the state, he or she has the right to apply to be released on bail to the First-tier Tribunal. Previously, if a detainee had no place to stay on release then they could ask to be accommodated, under ...

29th June 2018 By

Tribunal decides on Immigration Rules for overseas adoptions, rescues “feral” child

The case of TY (Overseas Adoptions – Certificates of Eligibility) Jamaica [2018] UKUT 197 (IAC) involves the complex interplay between the Immigration Rules and international adoption law. It is a must-read for anyone involved in applications or ...

28th June 2018 By

How to apply for a visa as the parent of a child in the UK

The Immigration Rules permit parents living overseas, who have British or settled children living in the UK, to apply for a visa to come to live with them. In this post we will consider the requirements that a parent applying for a visa in this catego ...

25th June 2018 By

Home Secretary announces new “start-up” visa

With London Tech Week upon us, Sajid Javid today announced the introduction of a new “start-up” visa route for entrepreneurs looking to set up businesses in the UK. According to one part of the announcement, it will replace the Tier 1 (Gra ...

13th June 2018 By

High Court throws spanner in the works of automatic detention policy

The case of R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) marks an important development in the law on the detention of European nationals pending deportation. The key finding is that the standards set out in the ...

21st May 2018 By

High Court remedy for woman embroiled in disputed citizenship claim

Before she travelled to the land of her fathers, Yasmeen Din was born to Pakistani parents in the Churchill Hospital in Oxford on 26 June 1968. By virtue of section 11(1) of the British Nationality Act 1981, read with section 4 of the British National ...

14th May 2018 By

Data Protection Bill threatens rights to access information held by Home Office

An individual’s right to access information held about them under the Data Protection Act 1998 is arguably one of the greatest legacies of the New Labour government. In immigration law, where complexity abounds and cases often roll on for years thro ...

9th May 2018 By

Court of Appeal to Home Office: go away

When feeding my son, I sometimes have to heap the spoon up with something he likes to eat, to disguise something he does not. This is what the Home Office did when applying for permission to appeal in Secretary of State for the Home Department v Barry ...

23rd April 2018 By

Legal aid would have prevented the Windrush scandal

As explained in our detailed piece on the plight of long-resident Commonwealth citizens, free legal advice used to be available for those making immigration applications. Before it was scrapped in April 2013, this legal help was available to the ̶ ...

17th April 2018 By

Windrush children: why Commonwealth citizens are being denied immigration status

Several cases have come to light in recent weeks and months of the treatment of Commonwealth citizens who arrived in the UK in the 1950s and 1960s. Unable to provide evidence of their right to reside in the UK, these legal immigrants are losing jobs, ...

13th April 2018 By

Tier 2 chef tripped up by TripAdvisor review

The Ganges and Gurkha is the 60th most popular restaurant in Plymouth. It serves Nepalese and Indian food, and was shortlisted for the British Curry awards in 2013. In 2015, it had a Tier 2 sponsor licence, meaning that it could sponsor workers from o ...

16th March 2018 By

Lawyers criticised for misleading court in bid to prevent high-profile removal

The recent decision in R (SB (Afghanistan)) v SSHD [2018] EWCA Civ 215 concerned the removal of an Afghan asylum seeker last year. As the judgment records, the case generated a significant amount of media attention amid reports that it had taken plac ...

26th February 2018 By

MPs’ report scathing on Home Office capacity to cope with Brexit

The Home Affairs Committee of MPs today published its report on whether or not the Home Office has the capacity to deliver effective immigration services once the UK leaves the European Union next March. No, is the short answer. Not a lot of love from ...

14th February 2018 By

High Court gives useful steer on the Resident Labour Market Test

In many cases, employers who wish to hire Tier 2 skilled workers must pass the Resident Labour Market Test. This means that Tier 2 sponsors must offer a position to a settled worker ahead of a migrant where both candidates have the necessary skills an ...

2nd February 2018 By

Settlement refusal overturned after failure to consider mental health evidence

Should the Home Office read all of the supporting evidence sent in with an application? The High Court provided a predictable answer in the case of R (Gayle) v SSHD [2017] EWHC 3385 (Admin), which considered the tragic personal circumstances of the c ...

16th January 2018 By

Home Office penalised for conduct of litigation in unlawful detention case

A month ago, Free Movement reported on the detention of Abdulrahman Mohammed. He was awarded the substantial sum of £78,500 by the High Court after being detained unlawfully by the Home Office. In a subsequent judgment, the same court has increased t ...

18th December 2017 By

British citizen wrongly denied passport and ordered to leave UK

The case of R (Miah) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) concerns a British citizen who made an application for a passport, was refused, and ordered to leave the country. He had no in-country right of appeal against ...

28th November 2017 By

Tier 1 (Exceptional Talent) visas doubled to 2,000 per year

The Home Secretary recently announced that the number of people who can be accepted under the Tier 1 (Exceptional Talent) immigration route would double, from 1,000 to 2,000 each year. The exceptional talent visa regime does exactly what it says on t ...

22nd November 2017 By

Tier 2: chefs at restaurants with a take-away service not eligible

According to UK immigration rules, if a chef works at a restaurant which provides a take-away service, he is less skilled than one who plies his trade at a restaurant that does not. As a result, restaurants which provide a take-away service cannot off ...

21st November 2017 By

Home Office pays damages to man detained to protect its own reputation

Abdulrahman Mohammed was last week awarded £78,500 by order of a High Court judge. The career criminal had been detained unlawfully under immigration powers on three occasions by the Home Office for a total period exceeding a year. Unusually, with bo ...

14th November 2017 By

New guidance on the Surinder Singh route

The Home Office has updated its guidance on Surinder Singh cases, with “clarifications” on the requirements of the eponymous route. As our in-depth post on this topic explains, the Surinder Singh route is a potential means for British citi ...

13th November 2017 By

Should immigration policy be decided regionally?

Immigration policy is decided at a national level, meaning that the rules governing the entry of foreign nationals to the UK are almost entirely the same across the land. The requirements, for instance, to be met by nurses under Tier 2 of the Points B ...

3rd November 2017 By