Confirmed: no right of appeal where limited instead of indefinite leave is granted

When someone applies for indefinite leave to remain in the UK, but is granted limited leave to remain instead, that decision does not attract a right of appeal. So held President Lane of the Upper Tribunal last year in the case of Mujahid [2020] UKUT ...

7th April 2021 By

Social workers can get settled status for EU kids in care without parental consent

Here on Free Movement we have been repeating until we are blue in the face that the deadline for EU Settlement Scheme applications is 30 June 2021. Regular readers may by now feel rather bludgeoned over the head with this fact, but it remains a vitall ...

1st April 2021 By

Court of Appeal criticises ambiguous language in immigration tribunal judgments

In Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 the Court of Appeal provides a helpful reminder of the need for very clear language when explaining how evidence has been examined and assessed. The immigration tribunal’ ...

31st March 2021 By

When is a month not a month?

Time is definitely a relative concept, a new Upper Tribunal decision suggests, examining the issue of what constitutes a “month” for the purposes of the Immigration Rules on long residence. The case of Chang (paragraph 276A(a)(v); 18 months?) [202 ...

25th March 2021 By

Belarusian man in limbo since 2003 wins permission to remain in landmark case

In R (AM) v Secretary of State for the Home Department (legal “limbo”) [2021] UKUT 62 (IAC) the Upper Tribunal considered the extraordinary case of a Belarusian man who had been in the UK on immigration bail since 2003. The fundamental question fo ...

23rd March 2021 By

Censure of lawyers over asylum camp case shows difficulty of systemic litigation

The High Court has taken a leading firm of solicitors to task for its handling of an urgent application for judicial review of conditions at a converted military barracks holding asylum seekers, but concluded that the case was not serious enough to wa ...

22nd March 2021 By