All Articles: legislation

New Immigration Bill: summary of clauses

The long promised Immigration Bill, consisting of 66 clauses and 8 schedules, has now been published.  It is accompanied by explanatory notes and a detailed memorandum by the Home Office intended to show that the Bill is compatible with ECHR rights ...

11th October 2013 By

Tony Blair (Hansard vol 213, col 43, 2 November 1992)

When a right of appeal is removed, what is removed is a valuable and necessary constraint on those who exercise original jurisdiction. That is true not merely of immigration officers but of anybody. The immigration officer who knows that his decisi ...

10th 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

New Statement of Changes to Immigration Rules CM 8690

Comes into force today. Clarifies that Tier 4 students on post graduate courses of 12 months or longer can sponsor family member dependants. TB screening introduced for those entering from Mauritania for over 6 months and TB screening only required ...

1st August 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

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

Private landlords as immigration informants

UPDATE: NOW IN FORCE. A few weeks ago David Cameron suggested that private landlords should be required to check the immigration status of tenants. Now, lo and behold, the measure is to be included in a new Immigration Bill announced in the QueenR ...

22nd May 2013 By

Round up

There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who missed their beloved Free Movement updates here is a brief round up of developments I’ve spotted looking throu ...

21st May 2013 By

What hope after LASPO: Time to re-visit Maaouia ?

This post by Frances Meyler and Sarah Woodhouse, Co-Directors of the Liverpool Law Clinic, School of Law and Social Justice, University of Liverpool, examines some of the arguments that might be put forward in an application for an ‘Exceptional Case ...

26th April 2013 By

More changes to the Immigration Rules

Two Statements of Changes to bring to your attention, HC1038 and HC1039. On Monday 1 April 2013, HC1038 came into effect and can be viewed here. Far weightier are the changes contained in HC1039 which will be brought into force on Saturday 6 April 201 ...

4th April 2013 By

More new rules…

On 22 November 2012 a new Statement of Changes was laid which brings in quite a few amendments to the Immigration Rules. A large proportion of those changes are yet again to clarify, correct and/or put into place what was apparently always intended wi ...

3rd December 2012 By

Zambrano (sort of) incorporated into regulations at last

The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (SI 2012/2560) come into force on 8 November 2012. There are two bits of good news for applicants and one piece of bad news. For previous news, updates and commentary on ...

23rd October 2012 By

No new evidence in Points Based System appeals

In another major end of term judgment the Court of Appeal has finally reviewed the legality of preventing reliance on new evidence at Points Based System appeals hearings. The case is Alam v Secretary of State for the Home Department [2012] EWCA Civ 9 ...

17th July 2012 By

Immigration judicial reviews to be transferred

The Government is amending the Crime and Courts Bill to allow transfer of any or all immigration, asylum and nationality judicial review cases from the High Court to the Upper Tribunal. This seems to have pretty much universal support from Government, ...

4th July 2012 By

Amendments to EEA regulations on rights of residence

Amendments to the Immigration (European Economic Area) Regulations 2006 (commonly known as the EEA regs) have been laid and will mainly come into force on 16 July 2012. The amendments are at SI 2012/1547. Firstly, there is no sign of any attempt to t ...

26th June 2012 By

New Statement of Intent on family migration

Fresh off the press is the Government’s Statement of Intent: Family Migration which proposes not just to change but to direct the way in which the UKBA and Courts decide Article 8 cases. FM has recently discussed whether it is legally permissible to ...

13th June 2012 By

Crime and Courts Bill

As has been widely reported in the mainstream media, the Government proposes to scrap family visitor appeal rights. Again. The change is intended to come into full effect in 2014 but as early as July 2012 the definition of ‘family’ will be ...

16th May 2012 By

Consultation on family migration: Tories to reintroduce ‘primary purpose’ rule

The Government yesterday launched another consultation on restricting immigration, this time family immigration. The splash on the UKBA website is here, the Ministerial statement here, the consultation document here and the accompanying research pape ...

14th July 2011 By

Section 19 rumours

On Tuesday I speculated on whether section 19 of the UK Borders Act 2007 might be brought into force. This was entirely speculative at the time, but today I’ve heard rumours that this is indeed what is going to happen, and soon. However, I can f ...

12th May 2011 By

iLegal legislation app review

The team behind the iLegal legislation app for iPhones and iPads has been kind enough to provide me with a review copy and I’ve had it running for nearly a week now. It is simple but effective little app that in essence provides an offline versi ...

13th March 2011 By

Certificates of Approval to be scrapped

The Home Office has announced that Certificates of Approval will be scrapped in late 2010 or early 2011. This is a belated implementation of the House of Lords judgment in Baiai, handed down exactly two years ago tomorrow, in which their Lordships hel ...

29th July 2010 By

End of the Asylum and Immigration Tribunal

Few will lament its passing, announced today by still Immigration Minister Phil Woolas. The news is far from unexpected, but the details are interesting. The plan is for the new system to be implemented by early 2010. A full consultation response has ...

8th May 2009 By

So long AIT and thanks for…?

It very much looks like the AIT is about to be scrapped and merged into the new unified Tribunals Service. This is something I posted on way back in September and it now looks very likely to happen. The new system applies to all tribunal work except i ...

18th March 2009 By

Immigration ‘judges’ to lose their titles?

The government is currently consulting on yet another fundamental overhaul of the immigration appeal system. This has become a bothersomely regular occurance, taking place in 1993, 1996, 1999, 2002 and 2004, with some further tweaks in 2006 and 2007 & ...

26th September 2008 By

Borders Bill latest

I’ve updated the Borders Bill page here with a little more up to date information. This follows a Home Office press release on 25 June 2007 announcing that protection for children subject to immigration control will be enhanced. I’ve taken ...

2nd July 2007 By

Simplifying immigration law

The framework for immigration control is mainly contained in the Immigration Act 1971. This has been amended by major pieces of primary legislation in 1988, 1993, 1996, 1999, 2000, 2002, 2004, 2006 and probably also in 2007 by the UK Borders Bill curr ...

13th June 2007 By

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