All Articles: Editorial

What will happen to immigration policy and law following the 2017 General Election?

It is the Queen’s Speech today. This sets out the legislative agenda for the coming Parliament in 2017 and 2018. But no party managed to win an overall majority in the General Election. We have what the political pundits and historians call a Hu ...

21st June 2017 By

What does the Democratic Unionist Party think about immigration?

Picking through various manifestos and public statements of the Democratic Unionist Party and its leading members reveals a few clues about the stance of the party on immigration issues. This may prove critical in the lifetime of the coming Government ...

13th June 2017 By

The interregnum: 11 years without free movement from 1962 to 1973

There was a short period of just 11 years between 1962 and 1973 when free movement of people did not apply in the UK. Other than during that time, businesses and public services have had easy access to workers from other countries. Following Brexit, t ...

19th May 2017 By

The astonishing breadth of Trump’s Muslim ban is truly breathtaking

Take Trump seriously but not literally, said Peter Thiel, Paypal founder, Gawker litigation financier and prominent Trump supporter. Well, it turns out that Trump meant what he said. Literally. Muslims will be banned, literally. The wall will be built ...

29th January 2017 By

New Country Guidance case on Eritrea finds real risk on return

The Upper Tribunal has issued a new Country Guidance case on Eritrea: MST and Others (national service – risk categories) (CG) [2016] UKUT 443 (IAC). It weighs in at 459 paragraphs plus voluminous appendices. The findings are good news for Eritrean ...

11th October 2016 By

Liberalism is failing. It does not have to.

On 16 June 2016, during a referendum campaign dominated by the issue of whether there are too many foreigners in the UK, Member of Parliament Jo Cox was shot and stabbed multiple times outside a surgery in her constituency. She later died from her in ...

5th October 2016 By

A little free advice from Lucy Reed

As I sat down today, Sunday, to catch up with some billing, think about recording a Podcast, prep some more blog posts, work out what I want to say in oral evidence to the Parliamentary Immigration Bill committee next week (eek!) and look over yet mo ...

18th October 2015 By

Government anti immigration campaigns fuel public immigration concerns

At a time of escalating rhetoric by Ministers, with their language of invasion, inundation and insects, a new report by Mapping Immigration Controversy confirms that the main effect of the Government campaigns on immigration are fear and anger, not r ...

18th August 2015 By

General election 2015

I’m voting Labour today, and I will be spending the day out campaigning for my local candidate, Sarah Sackman. No party is perfect and the last Labour Government was deeply flawed in many ways, particularly in its approach to asylum issues. I re ...

7th May 2015 By

The sobbing doctor: the mask of professionalism

The image above is of a Californian doctor sobbing outside the hospital building having lost the 19 year old patient on whom he was operating. It has gone viral on social media. It was also picked up in The Guardian in an interesting article by Debora ...

30th March 2015 By

Why is the immigration tribunal so uniquely impervious to modernity?

In a recent determination, the President of the Upper Tribunal suggested that documents and submissions could be sent electronically to the tribunal in order to facilitate efficient justice: …parties and their representatives are strongly encour ...

26th February 2015 By

Exile on Immigration Street

It’s pleasing to see that the residents of Derby Road in Southampton have taken a strong stand against the making of ‘Immigration Street’, Channel 4 and Love Productions sequel to ‘Benefits Street’ (a not so much fly on t ...

12th February 2015 By

UN Office of the High Commissioner for Human Rights

In accordance with UN General Assembly resolution No. 3449 (9 December 1975), the term ‘illegal’ should not be used to refer to migrants in an irregular situation. Source ...

28th October 2014 By

The fight goes on

To those of us in favour of a No vote for unity and solidarity, the result of the Scottish referendum is a huge relief. My own sentiments were a mixture of emotion and fear. As the child of a Scottish mother and English father I have been raised to be ...

19th September 2014 By

Free Movement and Scottish Independence

For supporters of the No Borders movement, it is an article of faith that borders are an unnecessary interference with human freedom and human nature. Borders by their nature separate people, break up families, hold back economic and cultural developm ...

25th August 2014 By

Ethnographic study of “culture of disbelief” at Taylor House

A fascinating study of power play and relationships inside and outside the hearing room has been published as a working paper by the Refugee Studies Centre at the University of Oxford: The culture of disbelief: an ethnographic approach to understandi ...

6th August 2014 By

Home Office standard human rights submissions

Home Office appeals against first instance judge decisions used to be very rare indeed. Some years ago, it apparently became standard practice to seek permission to appeal in some asylum allowed appeals and all or virtually all deportations cases. It ...

5th June 2014 By

What happened to the radical lawyers?

What is a radical lawyer? What I mean by it are those lawyers whose actions and attitudes were largely motivated by a political ideology – socialism and further left; or at least angry lawyers dedicated to fundamental changes to the law, its ins ...

6th March 2014 By

Justice Alliance petition – Joanna Lumley joins fight for Legal Aid

Actress and justice campaigner Joanna Lumley has joined her voice to the rising chorus of concern about the catastrophic changes to Legal Aid. She adds her name, forever associated with the legally aided fight for the rights of Gurkhas (not to mention ...

17th January 2014 By

Richmond Mags dedicated immigration hearing centre from April

There are three courts at Richmond Mags being used for immigration hearings now but all five will apparently be used for immigration hearings from April. Meanwhile, the family court at Richmond is apparently moving to Hatton Cross, which has been seri ...

9th January 2014 By

Grayling Syndrome: an acute form of social blindness

Originally posted at the Justice Gap. From as early as the 1880s doctors began to report a truly puzzling medical condition. Eventually named ‘Anton’s Syndrome’, medics noticed that some patients who had suffered a sudden loss of sight continued ...

22nd October 2013 By

Save Justice UK – Postcards for Justice

The difference between a recession and a boom, as any legal aid lawyer will tell you, is that during a boom the government cuts legal aid, whereas during a recession they cut everything else as well. There was a timely reminder yesterday from Presiden ...

17th October 2013 By

The new Immigration Bill is sinister and nasty

The new Immigration Bill is a sinister, nasty piece of legislation. Building on man-made laws that define certain humans as ‘illegal’, it seeks to create an even more hostile environment for an already marginalised section of society. Peop ...

16th October 2013 By

Justice in an age of austerity

Full text of Lord Neuberger’s very interesting Tom Sargant Memorial Lecture. ...

16th October 2013 By

Role of the advocate at trial

[UPDATED] In his final judgment in the Court of Appeal, Lord Justice Judge has given some interesting guidance given on the role of the advocate in a contentious trial. The case is R v Farooqi & Ors [2013] EWCA Crim 1649 and the judgment is tha ...

3rd October 2013 By

Theresa May unveils Tory immigration plans

Self-styled Theresa ‘CRAZY’ May, our esteemed Home Secretary, has unveiled a range of hardline new immigration measures at the Conservative Party conference. I’ve added the capitals, but in relating her little anecdote about Abu Qat ...

1st October 2013 By

Immigration detention: what is the point?

The horrific news of sexual abuse by private security contractors at Yarlswood, the female-only immigration detention centre near Bedford, is awful and shocking. It is very far from the first time that problems or outright abuse at Yarlswood has been ...

16th September 2013 By

Injunctions for removal from fast track

One overlooked solution to the one way asylum fast track to refusal and removal is to seek an injunction preventing consideration under the fast track process. This option should be seriously considered where the client has good grounds for asserting ...

12th September 2013 By

Refugee “cause lawyering” in the UK

Professor Stephen Meili of the University of Minnesota Law School has written a very interesting article entitled U.K. Refugee Lawyers: Pushing the Boundaries of Domestic Court Acceptance of International Human Rights Law for the Boston College Law Re ...

5th September 2013 By

Transfer of immigration judicial reviews to Upper Tribunal

It is finally almost upon us: the transfer of judicial review claims from the High Court to the Upper Tribunal will take place on 1 November 2013. In addition, applications for permission lodged after 9 September 2013, including those where permission ...

30th August 2013 By

Best practice guide for country experts in immigration cases

Really useful and concise best practice guide for country experts in asylum and immigration cases in the United Kingdom by Anthony Good and Tobias Kelly. Immigration lawyers would be well advised routinely to provide this to their experts. It covers t ...

28th August 2013 By

Legal privilege after Snowden

The legal action initiated by David Miranda through UK solicitors Bindmans brings into sharp focus an issue that has been troubling me since the Snowden revelations began: how can a lawyer acting against government be sure that privileged communicatio ...

22nd August 2013 By

A long time to be separated

My client today applied for a spouse visa in May 2012. A refusal was eventually issued in November 2012. The appeal took place today, 14 months after the application and 8 months after the refusal. The hearing took 20 minutes and it was allowed there ...

30th July 2013 By

The Unnameables

I recently suggested that the new name for the Immigration and Nationality Directorate Border and Immigration Agency UK Border Agency remains unknown. That is not really true, it turns out, and we are not expected to carry on treating it as the bureau ...

24th July 2013 By

Divided families

Last week saw the anniversary of the miserable new family immigration rules, introduced on 9 July 2012. Heartache and anguish was predicted and has, tragically, come to pass. I attended and spoke at the demonstration outside the Home Office co-ordinat ...

16th July 2013 By

Ellsberg, Kissinger and the questionable value of secret material

Today the closed material procedure for evidence in civil trials comes into effect. This excludes one of the parties from the proceedings, meaning that they do not get to see the evidence relied on by the other party. It violates one of the basic tene ...

1st July 2013 By

British women disproportionately affected by new immigration rules

A new Freedom of Information request has revealed that British women have been affected disproportionately compared against men by new minimum income rules for spouse and partner applications. There has been a 20% drop in the female-sponsored proporti ...

10th June 2013 By

MOJ CUTS versus THE RULE OF LAW

If the cuts to the scope of legal aid brought by LASPO 2012 have been significant, the cuts proposed by the Ministry of Justice in the recent consultation “Transforming legal aid: delivering a more credible and efficient system” would be severe. I ...

3rd June 2013 By

Quick Reads

17th April 2015
The human cost of borders
26th September 2013
Night, morning, afternoon, night
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