Why making Muslim detainees pray next to toilets was discrimination

On 1 February 2018, the High Court decided that the Home Secretary had discriminated against two Muslim men as a result of conditions at Brook House Immigration Removal Centre. For the immediate reaction to this case, this news piece by the BBC is wor ...

20th February 2018 By

British migrants trying to keep EU citizenship get Court of Justice hearing

Around 1.3 million British citizens are currently settled in other EU member states, but do not have citizenship of those countries. Just like EU citizens living in the UK, they can do this by relying on free movement rights granted by the EU. Speakin ...

8th February 2018 By

Supreme Court rejects a right to non-contributory benefits for Zambrano carers

In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” test. The benefits affected by the decision ...

17th November 2017 By

High Court: potential homelessness not a justification for detention

The High Court in R (MS) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) has found that in circumstances where a person would have no option but to stay on the streets after release from detention, the Home Office has a duty und ...

15th November 2017 By

Man in immigration detention for 45 months loses judicial review

Taskiran v Secretary of State for the Home Department [2017] EWHC 2679 (Admin) is a sad case. A web of domestic immigration law and international agreements have resulted in Mr Taskiran undergoing almost four years of immigration detention, which the ...

7th November 2017 By

Host state handles the asylum claim if Dublin III transfer takes too long

Majid Shiri, an Iranian national, arrived in Austria through Bulgaria in 2015. He made an asylum claim in Bulgaria in February of that year but claimed asylum in Austria the following month. The Austrian authorities asked Bulgaria to take Mr Shiri bac ...

1st November 2017 By

Call for evidence on ‘Right to Rent’ scheme

David Bolt, the Independent Chief Inspector of Borders and Immigration, is inspecting the Right to Rent measures in the 2014 and 2016 Immigration Acts. These require landlords to check the immigration status of prospective tenants before renting them ...

24th October 2017 By

European Court of Human Rights condemns Spain for collectively deporting migrants

In ND & NT v Spain, the European Court of Human Rights decided that the expulsion of two sub-Saharan migrants from a set of barriers surrounding the Spanish territory of Melilla breached their rights under Article 4 of Protocol 4 ECHR (prohibition ...

10th October 2017 By

CJEU on registration certificates and exclusion orders: implications for practice

Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was sentenced by a Greek criminal court in 2011. The case is C-184/16 Ovidiu-Mihăiţă Petrea v Ypour ...

5th October 2017 By

Upper Tribunal slams First-tier in complex benefits appeal

“Oh dear. Oh dear. Oh dear.” This was the introductory paragraph of Upper Tribunal Judge Wikeley in AF v SSWP (DLA) (No.2) [2017] UKUT 366 (AAC). When a judge expresses himself in this manner – and when the Secretary of State for Wo ...

29th September 2017 By

Hostile environment: banks forced to check 70 million accounts

Banks and building societies are to carry out immigration checks on a reported 70 million bank accounts in accordance with the Immigration Act 2016, amending the Immigration Act 2014. The provision ordering this will come into force on 30 October 20 ...

26th September 2017 By

Home Office sets up team to deal with high profile immigration cases

Brian White, abandoned as a baby, lived in a Zimbabwean orphanage until the age of six. He was fostered, and later adopted, by the White family in Wolverhampton. He came to the UK to join the family when he was 15, at which point he should have been g ...

11th September 2017 By

Serge Aurier and visas for footballers after Brexit

What are the immigration rules for footballers from outside the EU? And what rules will apply to footballer transfers from abroad after Brexit? Here we look at the immigration aspects of football transfers using the recent successful but fraught tran ...

7th September 2017 By

Systematic abuse found at Brook House Immigration Removal Centre

The latest of what seems a neverending series reports of abuse of detainees in immigration removal centres has come to light. BBC Panorama took undercover footage at Brook House and uncovered the following, amongst other evidence of chaos and incompet ...

4th September 2017 By

How not to support a victim of human trafficking: a demonstration by the Home Office in R (FT) v SSHD

The Upper Tribunal overturned several decisions concerning the grant of Discretionary Leave to Remain to a victim of human trafficking in FT, R (on the application of) v the Secretary of State for the Home Department [2017] UKUT 331(IAC). The backg ...

29th August 2017 By

Latest immigration statistics published: EU exodus confirmed

The latest quarterly immigration statistics have been published. The headline is that net migration for the year ending March 2017 has reduced by almost a quarter, to 246,000 down from 327,000 in the year ending March 2016. The overall figure represen ...

25th August 2017 By

Court of Appeal reiterates effect of orders in the family courts on deportation decisions

The Court of Appeal in GD (Ghana) [2017] EWCA Civ 1126 explained once again what effect residence orders granted by a Family Court have on immigration matters, and criticised both representatives in the First-Tier Tribunal for failing to put the rele ...

8th August 2017 By

New Refugee Action report slams inadequate, creaking asylum support system

After more than a decade since Limbuela, and three years after Refugee Action, Home Office policy continues to drive asylum seekers into destitution. The Refugee Action report, Slipping Through the Cracks, candidly outlines these failings of the asylu ...

12th July 2017 By

Independent Monitoring Board release critical report on charter flight removals

The Independent Monitoring Board (IMB) has published its annual review of the treatment of returnees during charter flights. It reported four headline concerns: firstly, that force and restraint had been used without due checks and for too long; secon ...

10th July 2017 By

Blocking detainees’ access to legal advice websites probably breaches Article 10 ECHR

Free Movement has reported twice on immigration removal centres (IRCs) blocking access to websites informing detainees of their legal rights. HM Chief Inspector of Prisons criticised Haslar IRC two years ago for having the websites of Bail for Immigr ...

13th December 2016 By

No in-country right of appeal for two men accused of having their English tests taken by a proxy

Evidence had come to light that ETS tests in the case of these two men may have been taken by a proxy. Therefore their leave to remain in the UK was curtailed. The Court of Appeal agreed with the Home Office, quashing the decisions of the Upper Tribun ...

18th August 2016 By

Section 3C does not apply to EU law residence applications

The question before us is whether a person who at one stage was the spouse of an EEA citizen with a right of abode in the United Kingdom but no longer has that status and right is to be treated as having leave either under the Immigration Act 1971 or ...

5th August 2016 By

Certification of Albanian asylum claims as clearly unfounded overturned by Court of Appeal

Certification of Albanian asylum claims as clearly unfounded were in this case overturned by the Court of Appeal. Much turns on the individual circumstances of the case. An important point of law is on the threshold for certifying an asylum claim ...

4th August 2016 By

Refusal to investigate trafficking claim did not breach ECHR

The Competent Authority, the Home Office body which deals with human trafficking claims, did not, in refusing to investigate a claim, breach the procedural obligations of Article 4 ECHR, the Court of Appeal ruled. The Respondent claimed to have been t ...

4th August 2016 By

Seven year rule for children must be satisfied at date of application

This family life case highlights the important point that the ‘7-year rule‘ – that young people under 18 must have lived in the UK for at least 7 years – must be satisfied at the date of application. It is not sufficient that ...

3rd August 2016 By

The Let Us Learn Campaign

Imagine being told that everything you thought you knew as truth was an absolute lie. Imagine starting a journey with your peer group and then unexpectedly being ripped away from the same path. Imagine feeling as if no one understands your pain, your ...

25th July 2016 By

Serial criminal to be deported despite impact on his children

If you attempt to murder someone with a gun, and after release from prison for attempted murder (a sentence of over four years), are caught again with a loaded gun and imprisoned, do not be surprised that only the most exceptional circumstances will s ...

15th July 2016 By

Visitor deceived authorities by failing to disclose relationship on entry

Another case here that serves as a warning against attempting to arrive on a visitor visa to marry an EU national while not telling the Immigration Officer that this is in fact your reason for entering the UK. Despite “some 500 pages” of e ...

13th July 2016 By

Torture, independent evidence, immigration detention and Rule 35

Two cases regarding evidence of torture, decided on different grounds. The uniting feature is some guidance regarding Rule 35 reports of torture by doctors. Where a Rule 35 report of torture is nothing but a restatement of the Appellant’s accoun ...

12th July 2016 By

Should an application for judicial review be stayed while the decision maker reconsiders?

Paragraph 1: The situation in the present case raises again the question of whether it is appropriate to stay an application for judicial review when the defendant public authority has agreed to reconsider the decision in point, from scratch, with ...

11th July 2016 By

Specific assurances not needed for 3rd country removal of families to Italy

Another Dublin / 3rd country removal case. Now that Italy has made general assurances to their EU partners that families will be accommodated together in appropriate conditions that do not breach Article 3, following the judgment in Tarakhel v Switz ...

5th July 2016 By

Luqman Onikosi: how can a deserving healthcare case navigate a minefield of adverse case law?

Much has been said by this blog over the years about the cruel effects of the decision in N v UK. Rarely though has the human cost been so clearly displayed than in the ongoing case of Luqman Onikosi.  He came to the UK as a healthy young man to stud ...

5th May 2016 By

Annual Report of Tribunals highlights urgent areas for improvement

The Annual Report of the tribunal system has been published. The review of the First-tier Tribunal Immigration and Asylum Chamber review starts at page 74. The First-tier report tells of long waits caused by fluctuations in caseload, a long-term chang ...

9th March 2016 By

Secret Evidence in Immigration Tribunal Hearings: R (on the Application of ILPA) v Tribunal Procedure Committee and Lord Chancellor

Open justice is one of the most crucial features of a free state. In weighing up individual cases, courts have sometimes decided that open justice shoud give way to other, equally necessary, ideals. For instance, national security won the day in the ...

29th February 2016 By

ICI Inspection on Amman Visa Section: improvements made but same old problems remain

Improvements have been made to the quality of decisions and to record-keeping in the Home Office’s Visa Section in Jordan. However, the decision makers regularly failed to take supporting evidence adequately into account, and, in a fifth of ca ...

6th November 2015 By

Dover Immigration Removal Centre to close

Dover Immigration Removal Centre has served as home to many of its inhabitants for months or even years. It has received damning reports due to its prison-like conditions and long periods of detention. On 15th October the Home Office finally announced ...

23rd October 2015 By

Part 6 of the Immigration Bill

The second reading of the Immigration Bill in the House of Commons is today. We have seen how even more appeals will be out of country under its regime, and the greater powers given to immigration officers under Part 3. Part 6 – including Schedules ...

13th October 2015 By

Part 3 of the 2015 Immigration Bill – enforcement

Part 3 of the Immigration Bill gives a host of new, wide powers to immigration officers. A person with leave to enter arrives in at the airport. Schedule 19(1) and (2) – the first section of Part 3 – gives immigration officers the power to cur ...

1st October 2015 By

Inspection finds Border Force Officers at Heathrow Airport fail to keep adequate documentation

Last month’s report by the Independent Chief Inspector of Borders and Immigration, Inspection of Border Force Operations at Heathrow Airport, reveals that the Border Force Officers at Heathrow Airport are failing to record justifications for detent ...

4th September 2015 By

Government anti immigration campaigns fuel public immigration concerns

At a time of escalating rhetoric by Ministers, with their language of invasion, inundation and insects, a new report by Mapping Immigration Controversy confirms that the main effect of the Government campaigns on immigration are fear and anger, not r ...

18th August 2015 By