The Born Again Legacy ?

Following an oral renewal hearing on permission, our colleague Ripon Akther, instructed by Waleed Hassan of Malik and Malik, and their client were granted permission by His Honour Judge Thornton QC in the Legacy case of R (on the application of Prenga ...

23rd July 2013 By

Hope for Families Divided by the Income Threshold

Last week Monday, I represented a married couple in the husband’s immigration appeal in the First-Tier Tribunal instructed by Yomi Oni-Williams of Owens Solicitors.  I have the couple’s consent to write this post although there is no need for me ...

22nd July 2013 By

Divided Families Day of Action – 9 July 2013

Following the All Party Parliamentary Group on Migration’s report published on 10 June 2013 – covered on Free Movement earlier last month – the ‘new’ family migration rules have been debated twice in Parliament.  First, within a W ...

8th July 2013 By

When You Don’t Exist

“There are now more than 45 million refugees and internally displaced people – the highest level in nearly 20 years.  Figures give only a glimpse of this enormous human tragedy. Every day, conflict tears apart the lives of thousands of fami ...

21st June 2013 By

Parliament Committee Report on New Family Rules and Westminster Debate

Last week, Free Movement posted the fruits of a FoI request disclosing the statistics in relation to partner applications from pre- and post-July 2012.  These figures were then analysed and fair conclusions were drawn in relation to gender discrimina ...

20th June 2013 By

Operation Nexus

The Met Police website tells us that: Operation Nexus, designed and delivered by the MPS and UKBA, aims to maximise intelligence, information and world wide links to improve how we deal with and respond to foreign nationals breaking the law. AC Rowley ...

12th June 2013 By

Chikwamba delivers again

Last month saw the advent of a very useful decision from the High Court concerning the lack of provision in the Immigration Rules to allow migrants in the Points-Based System to switch whilst in-country into a PBS dependent category: Zhang, R (on the ...

28th May 2013 By

No Fire Zone – The Killing Fields of Sri Lanka

As most of you know, Renaissance Chambers has developed expertise in conducting Tamil asylum claims.  The issues involved in these cases have been previously covered on Free Movement here and these include in particular Chambers’ and the NGOs’ ef ...

13th May 2013 By

New UKBA announcement on the English language requirements

As we saw yesterday, the topic of English language is de rigueur at the moment. Last week, the UKBA also announced in its April 2013 Statement of Intent that the government is planning changes to the Immigration Rules in relation to the English langua ...

16th April 2013 By

The Court of Appeal’s judgment in Chapti/Bibi on pre-entry English tests

It has been over a year since the High Court heard a challenge to the introduction of pre-entry English language tests for spouses and partners (and fiancés and proposed civil partners). It was argued in Chapti & Ors, R (on the application of) v ...

15th April 2013 By

More Evidential Flexibility Policy instructions disclosed

A big thank you goes to Jane Heybroek of Bell Yard Chambers for persisting with her Freedom of Information request in relation to further documents concerning the Evidential Flexibility policy.  You can access the disclosure here.  The policy (but n ...

6th March 2013 By

More new rules…

On 22 November 2012 a new Statement of Changes was laid which brings in quite a few amendments to the Immigration Rules. A large proportion of those changes are yet again to clarify, correct and/or put into place what was apparently always intended wi ...

3rd December 2012 By

New Statement of Changes – sigh…

Yes another Statement of Changes – HC 565 –  has been laid and (hold your breath), most of it comes into force… today!  I am grateful to Alison Harvey at ILPA, whose hard-work is truly immeasurable:  an e-mail was sent out at 11p ...

6th September 2012 By

Family life as a parent: the new rules

Continuing with our efforts to decipher and digest the new Immigration Rules, this post examines the changes made to the categories relevant to parents of children who are here in the UK. As is common to most if not all categories under the new Rules, ...

30th August 2012 By

The interplay between immigration and family proceedings – Part 2

Following up from yesterday, this post is now going to look at the second case of two from the Upper Tribunal setting further guidance as to how to deal with family proceedings.  In Nimako-Boateng (residence orders – Anton considered) [2012] U ...

11th July 2012 By

The interplay between immigration and family proceedings – Part 1

Two cases were reported very recently from the Upper Tribunal both looking at the impact of family court proceedings and orders on immigration proceedings and vice versa.  The first case of Nimako-Boateng (residence orders – Anton considered) [ ...

10th July 2012 By

Fairness and the Points-Based System: A contradiction in terms?

Kezia Tobin and Sarah Pinder recently broached this topic at a seminar given by Renaissance Chambers on 13 June 2012 digesting the procedural issues and most recent case-law involved and this post has been put together by them both to highlight some o ...

22nd June 2012 By

Fairness to the rescue – Yes, again!

The trend is continuing with the fairly recent Upper Tribunal decision of Basnet (validity of application – respondent) [2012] UKUT 00113 (IAC).  This concerns applications rejected as invalid specifically due to a non-payment of the applicatio ...

30th April 2012 By

Pankina and Beyond! Students and knowledge of English

I recently acted in an appeal concerning a Tier 4 Student application in which the sole reason for refusal concerned the appellant’s English language ability.  Since April 2011 all degree–level students have been required to show knowledge of Eng ...

1st March 2012 By

Fairness to the rescue (again)

The latest case on fairness and the Secretary of State’s duty within the Points-Based System was published earlier last month.  Naved (Student – fairness – notice of points) [2012] UKUT 14(IAC) concerned a student applying for further leave to ...

15th February 2012 By

After Zambrano and McCarthy, we now have Dereci…

On 15th November 2011, the Court of Justice of the European Union (‘the CJEU’) handed down its judgment in the case of Dereci (C-256/11).  This was a much awaited judgment after the ‘Zambrano and Article 20’ revolution was dampene ...

23rd January 2012 By

Another secret policy…

Perhaps not breaking news for some of you but I suspect not everyone has come across the references to the UKBA’s policy of “evidential flexibility” in the context of Points Based System applications. Over the last few months, various documents ...

1st November 2011 By

Deaths in detention centres

The news coverage over the weekend reporting on the very recent deaths of three men in detention centres is yet another reminder that the system is, in my view, truly abhorrent. The Guardian reported that two men died from suspected heart attacks at C ...

10th August 2011 By

A breath of Lush Air

Am slightly behind the drag curve but I could not let pass that the chain of stores Lush Cosmetics has teamed up with the No One is Illegal Campaign.  You may already be familiar with the stores:  hand-made soapy and bubbly stuff that smells (in my ...

1st July 2011 By

Certificates of Approval abolished

Finally one piece of good news to share: the Certificate of Approval (COA) scheme has been abolished and will no  longer be in place from 9th May 2011.  This was announced on the UKBA website on 7th April 2011 and is very welcome indeed.  Of course ...

26th April 2011 By

Age assessment disputes and JR claims

A slightly belated post to highlight another important decision of the Court of Appeal that will have relevance to both immigration and family law practitioners.  R (FZ) v London Borough of Croydon [2011] EWCA Civ 59 concerns age dispute assessments ...

18th March 2011 By