Updates, commentary, training and advice on immigration and asylum law

Immigration update podcast, episode 58

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Welcome to the October 2018 edition of the Free Movement immigration update podcast. We posted 40 articles on the blog last month, but are realistically limited in a podcast to discussing the most important ten or so. A Supreme Court judgment obviously qualifies, so we start with that one on how the best interests of children factor into removal decisions before turning to another case involving children, this time in the Upper Tribunal. There’s also a set of changes to the Immigration Rules to mug up on.

Most of the rest of this month’s update is case law, of which the most significant case may be on Surinder Singh rights. There are a couple of asylum decisions to be aware of also, albeit on reasonably niche issues, as well as some new unlawful detention cases. We round off on two reported cases from the Upper Tribunal, one on trafficking and one on Article 8.

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The main content of the downloadable 32-minute audio podcast follows the (non chronological) order of content below:

Children

Supreme Court: bad behaviour by parent irrelevant to best interests of children

Upper Tribunal tackles the law on the parent/child relationship

Immigration Rules

New statement of changes to the Immigration Rules: HC 1534

EU

Courts foil Home Office attempt to hamstring Surinder Singh rights

Detention

Split Court of Appeal finds that asylum seekers were unlawfully detained

Failure to carry out proper medical assessment makes detention unlawful

Asylum

Home Office CAN speak to your persecutor without asking you

Court of Appeal says statelessness must be proved on balance of probabilities

Refugee “safe return reviews” needlessly causing anxiety, statistics suggest

Trafficking and human rights

Tribunal to make its own decisions on trafficking cases

Tribunal President says bus drivers and brain surgeons to be treated the same

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Colin Yeo

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.

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