Report plays down ill-treatment of non-Arab Sudanese in Khartoum

Following on from the new lines to take on Sudanese asylum claims that I wrote about in July, the Home Office has now produced evidence in an effort to support the change in policy. Officials have been arguing recently that while non-Arabs are likel ...

11th December 2018 By

More on false documents from the Court of Appeal

Following on from Chanda the other week, the Court of Appeal in Li [2018] EWCA Civ 2411 returns to the issue of false documents, this time in a judicial review case for an appellant attempting to make a Tier 1 application. In a previous application ...

13th November 2018 By

Court of Appeal: a false document is one thing, deception another

In Chanda v Secretary of State for the Home Department [2018] EWCA Civ 2424 the Court of Appeal grappled with paragraph 322(1A) of the Immigration Rules. The court looked briefly at the considerations that arise out of a false document and a finding o ...

6th November 2018 By

Home Office CAN speak to your persecutor without asking you

So says the Upper Tribunal in PA (Protection claim, Respondent’s enquiries, Bias) [2018] UKUT 337 (IAC); at least if your confidentiality is preserved. Officials checked Bangladeshi police records for evidence of persecution PA, a Bangladeshi na ...

22nd October 2018 By

How to apply for leave to remain as a bereaved partner

This post is about what happens to a migrant who is in the UK on a partner visa if their sponsor passes away. If their partner dies before the migrant becomes settled, the last thing on their mind will be their immigration status. However, as status a ...

11th October 2018 By

How to apply for leave to remain as a victim of domestic violence

Domestic violence is a serious infringement of someone’s rights. While most often perpetrated against women, it can affect men and women from any ethnic background and part of society. Migrants can be particularly vulnerable and unwilling to seek he ...

26th September 2018 By

Patience is a virtue, especially if you’ll meet the Immigration Rules in a couple of months

MS (Pakistan) TD and X (A Child) (Jamaica) [2018] EWCA Civ 1776, a case about the minimum income requirement for sponsoring a family member under the Immigration Rules, shows that sometimes starting over with an immigration application and waiting a ...

16th August 2018 By

Tribunal overturned for ignoring public interest in deportation

In a deeply unsurprising turn of events (see posts passim), the Court of Appeal has overturned a favourable deportation decision in Secretary of State for the Home Department v MR (Pakistan) [2018] EWCA Civ 1598. MR, a citizen of Pakistan, entered the ...

27th July 2018 By

New Home Office “lines to take” in Sudanese asylum claims

The Home Office now believes that the Sudanese country guidance cases should no longer be followed, based on a change of country circumstances. Its “lines to take” now argue that while non-Arabs are likely to be at risk in the Darfur regio ...

17th July 2018 By

President Lane denies tribunal operates on “unwritten rules”

The Upper Tribunal does not take kindly to the assertion that it operates “unwritten rules”, as was argued in the recent case of SS (Sri Lanka) [2018] EWCA Civ 1391. The points before the court related to delay in promulgating a decision ...

10th July 2018 By

NGO victory: Home Office policy on EU rough sleepers found unlawful

The High Court decided today that the Home Office’s policy of detaining and deporting rough sleepers from EU countries is unlawful. The case is R (Gureckis) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin), a judicial rev ...

14th December 2017 By

Meghan Markle and the Immigration Rules on marriage

Hearty congratulations from all of us at Free Movement to the former army officer and UN charity worker who are due to marry next year. But given that Meghan Markle is an American citizen, what hoops will the happy couple need to jump through in orde ...

28th November 2017 By