Upper Tribunal tackles “genuine entrepreneur” test
Nadeem Anjum applied for a Tier 1 (Entrepreneur) visa in early 2015. It was refused. The Entry Clearance Officer took the view, following an interview with Mr Anjum, that he was not a “genuine entrepreneur”. Since rights of appeal against ...24th October 2017
Leaked immigration document suggests huge rise in European criminal deportation after Brexit
The recently leaked government immigration proposals indicate that European nationals who commit crime in the UK will be subject to the same automatic deportation rules as non-European nationals after Brexit. The UK Borders Act 2007 imposes a legal du ...13th September 2017
What is the law governing the deportation of EU nationals?
Where a European national commits a crime in the UK and is sentenced to a term of imprisonment, they will often be subject to deportation proceedings. The protections afforded to them (and to British nationals who commit crime in European countries) a ...23rd August 2017
Upper Tribunal provides guidance in cases of judicial bias
In Sivapatham (Appearance of Bias: Sri Lanka)  UKUT 293 (IAC) (7 July 2017) frustrated novelist and president of the Upper Tribunal McCloskey J considers the law surrounding judicial bias in the tribunal. As with previous exponents of the art (s ...18th August 2017
How to correct a mistake in a country guidance case
What happens where the Upper Tribunal makes a mistake in a country guidance case? And in what circumstances will the Court of Appeal have jurisdiction to hear an appeal against an Upper Tribunal decision that has already been remitted to the First Tie ...14th August 2017
Operation Nexus police/immigration joint working unsuccessfully challenged in High Court
In The Centre for Advice On Individual Rights In Europe v The Secretary of State for the Home Department & Anor  EWHC 1878 (Admin) (21 July 2017) the excellent AIRE centre brought a challenge to the way Operation Nexus operates in respect of ...10th August 2017
Court of Appeal considers revocation of deportation order where deportee returns early in breach of the order
In SSHD v SU  EWCA Civ 1069 (20 July 2017) the Court of Appeal considered for the first time the unusual case of an individual who had been deported from the UK, returned in breach of the order, and then applied for its revocation having establ ...7th August 2017
What is the law on the deportation of non EU foreign criminals and their human rights?
Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in primary legislation, the deportation of foreign criminals is in the public interest. The rele ...27th July 2017
When will a foreign adoption be recognised in common law for immigration purposes?
In W v SSHD  EWHC 1733 (Fam) (07 July 2017) a married couple resident in the UK on a Tier 2 visa attempted to bring their 2-year-old adoptive son, V, to join them from Nigeria. The application they made for him to enter as a Points Based System ...25th July 2017
Can a child stateless by “choice” be registered as a British citizen?
Under the British Nationality Act 1981, a child who is born in the UK and is (and always has been) stateless is entitled to register as a British citizen. See Schedule 2, Paragraph 3: 3 (1) A person born in the United Kingdom or a British overseas ter ...6th July 2017
Guidance issued on renewal applications following non-admittance by the Upper Tribunal
The case of KM (Bangladesh) v Secretary of State for the Home Department  EWCA Civ 437 (21 June 2017) raises an interesting, if niche, procedural point. The case is relevant to parties who have had an appeal dismissed by the Upper Tribunal (UT); ...4th July 2017
Should refugees claim asylum upon arrival in their first ‘safe’ country?
“Why don’t asylum seekers stop before they get here?” I have been asked this question many times. There are lots of safe countries on the way, so the argument goes. Why wait until they arrive in the UK to make their claim? They’re not going to ...20th June 2017
Tier 2: is it Brexit ready?
Tier 2 is a fortress. Everything about the UK work permit system is designed to disincentivise employers importing migrant labour from outside of the EU. Like a teacher who has lost control of her class at school and exacts revenge on her own children ...12th June 2017
When must the tribunal allow appeals against Home Office decisions containing errors of law?
Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawfu ...5th June 2017
Country guidance issued between hearing and promulgation will still bind tribunal
Is the First-Tier Tribunal (FTT) bound to take into account a Country Guidance (CG) case that is issued by the Upper Tribunal after the date of the FTT hearing, and after the date the FTT judge signs the determination, but before that determination is ...26th May 2017
Court of Appeal: “Particularly where children are concerned, there is no such thing as an average case”
By the tone of this judgment, the Court of Appeal in SSHD v RF (Jamaica)  EWCA Civ 124 appears to be suffering from deportation fatigue, considering ‘yet another case’  involving a foreign national criminal appealing against a decision ...25th May 2017
No human rights issues to be raised in EEA appeals, confirms Court of Appeal
In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights)  UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relev ...19th May 2017
Tier 1 (Entrepreneur) visas: is Britain open for business?
Businesses large and small are the backbone of our economies, and enterprise is the engine of our prosperity. That is why Britain is – and will always be – open for business: open to investment in our companies, infrastructure, universities and en ...17th May 2017
Family life succeeds in defeating section 94B “deport first, appeal later” certification
The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department  EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act ...15th May 2017
Another successful unlawful detention claim
R (Ademiluyi) v SSHD  EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a furt ...9th May 2017
Supreme Court refuses damages to refugee wrongly prosecuted for illegal entry
Shortly after Christmas in 2009, a young woman from Somalia flew into Stanstead and claimed asylum. She had just turned 18. As later accepted by the Home Office, she had experienced severe depredations in her home country. This included her rape at th ...26th April 2017
Home Office belatedly issues guidance on Operation Nexus
Operation Nexus was officially launched in November 2012, a law enforcement initiative aimed at deporting more ‘high harm’ foreign nationals. It has been criticised on many occasions for its opacity, and the lack of any publicly available policies ...24th April 2017
Court of Appeal gives guidance on meaning of ‘unlawful residence’
The case of Akinyemi v SSHD  EWCA Civ 236 concerns the deportation of a man born and raised in the United Kingdom, a country he has never left. It provides valuable guidance on the meaning of the word ‘unlawful’ within the context of deporta ...11th April 2017
Deport first, appeal later certificates, judicial reviews and fresh claims considered by Upper Tribunal
In the judicial review case of Ayache, R (on the application of) v SSHD (paragraph 353 and s94B relationship)  UKUT 122 (IAC) the Upper Tribunal considers the lawfulness of a decision to certify a human rights claim under s.94B Nationality, Immi ...4th April 2017
Court of Appeal reaffirms position on adult dependent relatives
In Butt v SSHD  EWCA Civ 184 the Court of Appeal considers the weight to be given to the relationship between parents and their adult dependent children in the Article 8 balancing exercise. It is notable – and this was the principle reason i ...30th March 2017
Serious safety concerns raised in report on Morton Hall IRC
There is supposed to be a fundamental difference between custodial incarceration and immigration detention. The former is reserved for those who have committed crimes: its purpose is punitive, to protect the public and to rehabilitate offenders. The l ...22nd March 2017
The Curious Case of the Eritrean Country Guidance
‘[I]t has to be said, Asmara does not feel like the capital of a country generating asylum applications with a 85% grant rate’ (sic) – Informal Home Office report of UK visit to Eritrea, 9-11 December 2014 In 2014, nationals of Eritrea ...14th February 2017
Border Force needs to ‘up their game’ on slavery
According to estimates, there are 10,000-13,000 victims of modern slavery living in the UK. In order to tackle this problem, the UK government operates a Modern Slavery Strategy, and the Border Force plays its part by identifying potential victims, an ...3rd February 2017
NHS shares patient data of suspected immigration offenders with Home Office
‘Patient confidentiality is one of the most important pillars of medicine’, explains Dr Vivienne Nathanson, previously Head of Science and Ethics at the British Medical Association. Can patient information be shared without consent? The general pr ...1st February 2017
Operation Nexus for dummies: happening now, in our time
Two men are suspected of robbing a bank. Let’s call them Ken, a British national, and Boris, a non-British national. Boris arrived in the UK from somewhere in the Caucasus when he was 3, about 27 years ago. He holds Indefinite Leave to Remain in the ...20th February 2015