- Windrush family priced out of UK win human rights challenge
- Interjacent overstaying may count in 10-year long residence application
- Home Office can’t just ignore potential persecution even if there is no asylum claim
- Stripping someone of refugee status doesn’t mean they can be deported
- Belarusian man in limbo since 2003 wins permission to remain in landmark case
Interjacent overstaying may count in 10-year long residence application
In Asif (Paragraph 276B, disregard, previous overstaying) Pakistan [2021] UKUT 96 (IAC) the Upper Tribunal has confirmed that previously disregarded overstaying between periods of leave should be treated as lawful residence for people making 10-year l ...
30th April 2021Home Office can’t just ignore potential persecution even if there is no asylum claim
The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-defined categories. So what happens when there is overlap between, for insta ...
23rd April 2021Stripping someone of refugee status doesn’t mean they can be deported
The European Court of Human Rights in K.I. v France (application no. 5560/19) has re-affirmed that refugee status is declaratory and revocation of a person’s refugee status under French and EU law does not prevent that person from continuing to be a ...
21st April 2021Belarusian 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 2021Policy on fee waivers for entry clearance is unlawful, government concedes
In another blow for the Home Office on visa application fees, the department has been forced to concede that its policy on fee waivers for entry clearance applications is unlawful. Fee waiver policies At time of writing, the relevant guidance states ...
8th March 2021Lack of legal advice for migrants in prison ruled “discriminatory”
The High Court in SM v Lord Chancellor [2021] EWHC 418 (Admin) has held that free legal advice must be made available to immigration detainees held in prisons, bringing access to lawyers into line with the legal advice scheme operating in immigration ...
26th February 2021