Long-awaited guidance on returns to Mogadishu poses significant, but not insurmountable, challenges to appellants It may be 286 pages long but the apparent effect of
Band 1 | Garden Court Chambers THE SET This impressively sized set leads the way at the London Immigration Bar, and offers an unrivalled range
Want to know who might qualify as a refugee? What the legal requirements are? What reasons the Home Office relies on to refuse cases and
When reviewing the Home Office’s new Appeals Guidance policy document I was reminded of a new feature of the appeals regime that is an important
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
This from Channel 4 News about the collapse of a huge “sham marriage” criminal trial: But, when immigration officers were questioned in the witness box, it
Today the Home Office has belatedly allowed publication of an investigation by the Chief Inspector of Borders and Immigration, John Vine, into the assessment of
The National Audit Office has published a damning report on the UK’s deportation process today. The numbers of foreign criminals deported have actually declined since
Now in version 12, valid from 17 October 2014. The only major change seems to be removal of guidance on qualifying for ILR after 10
Even aside from the issue of an unpublished law purporting to have any effect, the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 (SI 2014/2711)
“But the plans were on display…” “On display? I eventually had to go down to the cellar to find them.” “That’s the display department.” “With
For the first time, it will now be possible for the immigration tribunal to make awards of costs in statutory appeals. The power is conferred by
Sweeping changes to appeal rights, a new non independent “administrative review” procedure and further changes to deportation appeal rights are taking effect on 20 October
Welcome to the September 2014 edition of the Free Movement immigration update podcast. As normal, the material for the podcast is drawn from blog posts on
In the case of Jeunesse v. The Netherlands (application no. 12738/10) the European Court of Human Rights has considered a refusal to allow a woman to
I was asked by a Polish media outlet for comment in this Boris Johnson piece on renegotiation of EU free movement rules and the idea
In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect
This just in from the marvellous BritCits: Furthermore, you have provided a detailed covering letter explaining why you qualify for an EEA Family Permit under Regulation 9. You
So Banksy’s new immigration themed mural in Clacton — where Douglas Carswell has resigned as Conservative MP to stand in a by election for UKIP
In the case of Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) the unnamed First-tier Tribunal judge had refused to adjourn a case. This was despite a letter
The official headnote is quite long but you can get the gist from paragraph 2: There is significant evidence of human rights abuses, including within
Long-awaited guidance on returns to Mogadishu poses significant, but not insurmountable, challenges to appellants It may be 286 pages long but the apparent effect of the new Somalia Country Guidance — MOJ & Ors (Return to Mogadishu) (CG) [2014] UKUT 442 (IAC) — can, from the Home Office’s perspective, be...
Band 1 | Garden Court Chambers THE SET This impressively sized set leads the way at the London Immigration Bar, and offers an unrivalled range of capabilities across all types of work. Specialist areas of expertise include national security, family and child immigration and asylum matters. Sources say: “Their approachability...
Want to know who might qualify as a refugee? What the legal requirements are? What reasons the Home Office relies on to refuse cases and what counter arguments are available? Who might be excluded from refugee status? I have just finished a new ebook, this time on refugee law in...
When reviewing the Home Office’s new Appeals Guidance policy document I was reminded of a new feature of the appeals regime that is an important one but which was tucked away in the schedules to the Immigration Act 2014. A new expanded section 120 of the 2002 Act is introduced...
This from Channel 4 News about the collapse of a huge “sham marriage” criminal trial: But, when immigration officers were questioned in the witness box, it emerged that evidence had been tampered with or concealed, possibly destroyed, video footage had gone missing, and an investigation log had been doctored. His...
Today the Home Office has belatedly allowed publication of an investigation by the Chief Inspector of Borders and Immigration, John Vine, into the assessment of asylum claims based on sexual identity. The report was handed to Theresa May on 31 July 2014 and it is today published alongside a document...
The National Audit Office has published a damning report on the UK’s deportation process today. The numbers of foreign criminals deported have actually declined since 2008-09 despite a tenfold increase in the number of staff dealing with these cases at the Home Office, from below 100 in 2006 to over...
Now in version 12, valid from 17 October 2014. The only major change seems to be removal of guidance on qualifying for ILR after 10 years through the private life route. Still includes the useful exception to requiring continuity of residence for those who overstay for 28 days or less.
...Even aside from the issue of an unpublished law purporting to have any effect, the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 (SI 2014/2711) is a dog’s breakfast. At first blush it appears to bring into effect the new unified removal power at section 1...
“But the plans were on display…” “On display? I eventually had to go down to the cellar to find them.” “That’s the display department.” “With a flashlight.” “Ah, well, the lights had probably gone.” “So had the stairs.” “But look, you found the notice, didn’t you?” “Yes,” said Arthur, “yes...
For the first time, it will now be possible for the immigration tribunal to make awards of costs in statutory appeals. The power is conferred by the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (SI 2014/2604), specifically by rule 9. The new rules come into effect on...
Sweeping changes to appeal rights, a new non independent “administrative review” procedure and further changes to deportation appeal rights are taking effect on 20 October 2014, at least in some cases. This post will be updated as and when more concrete information becomes available because all we have at the...
Welcome to the September 2014 edition of the Free Movement immigration update podcast. As normal, the material for the podcast is drawn from blog posts on Free Movement. I start this month by going through some case law and country updates, move on to some legislative updates, discuss a couple...
In the case of Jeunesse v. The Netherlands (application no. 12738/10) the European Court of Human Rights has considered a refusal to allow a woman to settle in the Netherlands with her husband and three children. The case is particularly interesting because it is a Grand Chamber decision and because...
I was asked by a Polish media outlet for comment in this Boris Johnson piece on renegotiation of EU free movement rules and the idea of quotas. Here’s what I said: A quota for free movement of workers around Europe is impossible under the fundamental treaties of the European Union...
In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect of the new Immigration Act 2014 human rights statutory considerations and the accompanying changes to the Immigration Rules. The court concludes that the new regime...
This just in from the marvellous BritCits: Furthermore, you have provided a detailed covering letter explaining why you qualify for an EEA Family Permit under Regulation 9. You have quoted case law and the rules concerning how long someone can work in a member state and qualify under Regulation 9....
So Banksy’s new immigration themed mural in Clacton — where Douglas Carswell has resigned as Conservative MP to stand in a by election for UKIP — has been destroyed by the local council before anyone else even knew it was there on the grounds that it was “offensive” and “racist”....
In the case of Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) the unnamed First-tier Tribunal judge had refused to adjourn a case. This was despite a letter from the appellant’s solicitors requesting a short adjournment on the grounds that the appellant was ill and stating that they had been unable...
The official headnote is quite long but you can get the gist from paragraph 2: There is significant evidence of human rights abuses, including within Cabinda and affecting Cabindans, problems of arbitrary arrest and detention, ill-treatment in detention, poor prison conditions, restrictions on freedom of expression, government action against protest...
