All Articles: Legacy

Legacy cases “laid to rest” by Court of Appeal

Back in 2006, even before this blog first began and in the aftermath of his predecessor’s resignation, then Home Secretary John Reid declared that his department was “not fit for purpose”. A huge backlog of some half a million cases ...

14th November 2014 By

The Born Again Legacy ?

Following an oral renewal hearing on permission, our colleague Ripon Akther, instructed by Waleed Hassan of Malik and Malik, and their client were granted permission by His Honour Judge Thornton QC in the Legacy case of R (on the application of Prenga ...

23rd July 2013 By

UKBA refuse to remove overstayers

In asylum cases it is still referred to as The Legacy, as if it were a second rate Spagetti Western. In immigration cases it has the more prosaic title of the ‘migration refusal pool’. The UK Border Agency’s inspectorate has today [u ...

23rd January 2013 By

Time to stop lawyer bashing and look at where the real fault lies….

Carrying on from FM’s open season article last week, it is clear that immigration lawyers are getting a hard time of it at the moment: first it was judge bashing and now the lawyers are in the firing line. The pernicious pastime of naming and sh ...

28th November 2012 By

Legacy case WINS!

Following on from Hakemi, the High Court has again scrutinised the leave to remain under the “Legacy” cases, and found the SSHD’s adherence to the policy wanting. In a welcome move last Friday Mr Stephen Morris QC, sitting as Deputy High Court J ...

6th November 2012 By

New Legacy judgment

In a spate of very significant judgments last week, the long awaited legacy case has finally come out: Hakemi v Secretary of State for the Home Department [2012] EWHC 1967 (Admin). Nicola Braganza was led by Hugh Southey QC, both of Tooks Chambers. As ...

23rd July 2012 By

What is the “Legacy?”

Is it a bird, is it a plane or…is it in fact a policy?  Now the UKBA would vigorously deny this, they would deny that there is any kind of amnesty at all. However, the evidence would point to the contrary. Essentially prior to July 2011 if you had ...

19th June 2012 By

Immigration rules amended to be less human rightsy looking

The Government has finally gotten around to amending the Immigration Rules to make them a bit less human rightsy looking. This follows a number of pledges from David Cameron, Theresa May and Damian Green to do so. Paragraph 395C of the rules is to be ...

20th January 2012 By

Legacy cases criteria

Not much to report on this one, just that I tried a Freedom of Information request on the criteria for deciding Legacy cases and get a non-answer back in return. The request was refused to begin with but that decision was overturned on appeal. The inf ...

1st June 2011 By

Legacy exercise outcomes revealed

[UPDATE 31/3/11: see Comments below for further information and updates] This interesting snippet of information recently came my way and I thought it was worth sharing. A Freedom of Information request recently revealed outcomes to the Legacy backlog ...

30th March 2011 By

Right to work for asylum seekers

UKBA has laid Statement of Changes CM7929 to give effect (or, at least, limited effect) to the judgment of the Supreme Court in ZO (Somalia) [2010] UKSC 36. This was the case in which the Court held that an asylum claim is still an asylum claim for th ...

23rd August 2010 By

Permission to work

UPDATE: see this judgment. There have been some interesting developments on permission to work for Legacy asylum seekers. Click here for the Story So Far. I read in some stakeholder minutes recently that UKBA thought it had only be judicially reviewed ...

23rd October 2009 By

Six year rule for asylum seekers?

The Daily Telegraph has claimed that there is a new policy that asylum seekers may be granted settlement after a wait of four to six (or possibly eight) years following a quiet change to immigration policies. The policy is allegedly set out in a memo ...

9th October 2009 By

Right to work

There are two recent important developments on this front. The first is that the Home Office is appealing the ZO Somalia case on right to work for those who have made fresh asylum claims and have not received a decision within one year of their applic ...

17th June 2009 By

Permission to work for fresh asylum claimants

I recently wrote a post on fresh claims for asylum explaining what they are and summarising the criteria. New on this subject this week is ZO (Somalia) v SSHD [2009] EWCA Civ 442, in which the Court of Appeal holds that the same law on permission to w ...

29th May 2009 By

Permission to work for Legacy cases?

An interesting judgment has just come out in which the High Court has held to be unlawful the policy of a blanket denial of right to work for those caught in the Legacy backlog. It is called Tekle v Secretary of State for the Home Department [2008] E ...

11th December 2008 By

Waiting for Godot

A few higher court immigration cases came out recently, on which I will post in due course. One was HG & Ors v SSHD [2008] EWHC 2685 (Admin), in which Mr Justice Underhill grappled with the Legacy backlog and the five year wait faced by many Lega ...

11th November 2008 By

Another legacy cases update

There are still quite a few people coming across this blog by searching for news about ‘Legacy’ cases. See previous posts on this if you are new to the subject. The news, such as it is, is that status still being granted in a lot of cases, ...

3rd November 2008 By

Legacy update

I’m back, after a prolonged absence and thoughts of ending it all etc etc. The blog, not me. I’m fine, thank you. The news is that of the 6000 or so (roughly 6,800, apparently) families who were the first to receive Legacy questionnaires, ...

7th March 2008 By

Legacy appeals coming through

A very well sourced rumour has it that 95% of the outstanding 450,000 asylum ‘legacy’ cases so far resolved have resulted in grants of status. However, I hear that the Asylum and Immigration Tribunal have been told to prepare for extra appeals. Wh ...

10th December 2007 By

More news on legacy cases

Further to previous posts on this subject, there have been suggestions that the legacy ‘case resolution exercise’ is producing some surprisingly humane outcomes. An organisation previously unknown to me called Positive Action In Housing ...

18th October 2007 By

Home Office amnesty

There’s no amnesty. That’s all. I wish it wasn’t necessary to repeat this, but good immigration lawyers and good community groups are reporting increasing numbers of walk-in clients who have been charged large sums to make an applica ...

31st July 2007 By

The Legacy and the Case of the Alleged Amnesty

Exactly one year ago, on 25 July 2006, then Home Secretary John Reid announced that his officials had found around 400,000 to 450,000 unclosed asylum files found down the back of the sofas at Lunar House, home of the then Immigration and Nationality ...

25th July 2007 By

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