- BY Colin Yeo
Immigration update podcast, episode 18
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Welcome to the June 2015 edition of the Free Movement immigration update podcast. In this episode I talk about where we are now on the detained fast track, cover a few tribunal cases and then finish with some important and useful higher court cases and a couple of mentions for some recently published books. The material is drawn mainly from the June blog posts on Free Movement.
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Fast track
- Detained Fast Track system suspended
- Detained fast track asylum appeals system declared unlawful
- Court of Appeal agrees that Detained Fast Track appeals are inherently unfair (from July)
- Detained fast track asylum process suspended (July)
Tribunal cases
- Presidential Guidance Note No 1 of 2015: Wasted Costs and Unreasonable Costs
- Good news and bad for challenges to ETS fraud decisions
- Family visit appeal fails on human rights grounds
- Meaning of “access rights” to children in immigration law
- Country guidance on returns to DRC
Higher cases
- Family tracing: Supreme Court clarifies Rashid
- Court of Appeal considers proper approach to family cases outside the Immigration Rules
- Gulshan disapproved in High Court
- High Court quashes refusal of settlement to highly skilled migrant family
- Human rights and best interests relevant in ALL decisions (July)
- Refusal of a child’s British citizenship application on character grounds overturned
Book reviews
2 Responses
Colin, DO ETS-affected clients have an out-of-country appeal right? I don’t think so. It was abolished from 6th April. I have pleaded so in a Court of Session petition and the Home Office admit it – they still seek ouster on the basis that the applicant ought to have left the UK before the repeal came into force. Had he done so and marked his appeal from abroad before then, he would have had an appeal right. But if not, not. It puzzles me that this has not been picked up either in Gazi or Shahbaz Ali.
Interesting question! Will give it some thought and get back to you. Need to write up a couple of recent negative UT determinations on related issues and will work it into one of those.