The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals against a migrant’s removal from […]
Regular readers of this blog will, by now, be well aware of the Supreme Court’s decision in KO (Nigeria) which determined the correct approach in immigration cases involving children who […]
In Geddes v Secretary of State for the Home Department [2024] EWHC 66 (Admin) the High Court has said that a pending application to the Supreme Court does not act […]
Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in primary legislation, the deportation of […]
In what I calculate to be the fifth Supreme Court case addressing the meaning of the words used in Theresa May’s 2014 reforms of deportation law, the justices have rejected […]
AB (Jamaica) v SSHD [2019] EWCA Civ 661 Free Movement mention April 2019 Section 117B(6) is a statutory requirement and so, regardless of whether the child will in practice leave […]
The second set of public interest considerations, set out at section 117(C), applies only in deportation cases involving “foreign criminals”. A foreign criminal is defined in section 117D(2) as a […]
Section 117B deals with public interest considerations applicable in all cases. It sets out the considerations that must be weighed against an individual’s Article 8 rights when courts are assessing […]
From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s experience and the UK may […]
The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home […]
One quirk of government statistics is that they no longer record how many deportation orders are successfully appealed. For tedious reasons of appeals law, since 2015/16 the relevant stats have […]
In KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 the Court of Appeal followed the recent decisions of HA (Iraq) v SSHD [2020] EWCA Civ 1176 […]
In AA (Nigeria) v Secretary of State for the Home Department [2020] EWCA Civ 1296 the Court of Appeal has considered its first deportation appeal since the important case of […]
What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family members? Most immigration lawyers can […]
We have written often on Free Movement about the meaning of the term “unduly harsh“. It is the test which people facing deportation must meet where arguing that their separation […]
The vexed issue of reasonableness, removals and children is back in the judicial spotlight once more in a new Court of Appeal ruling, Runa v Secretary of State for the […]
When I was a young lad, there was a rule in our house that a girlfriend could only come to stay if the relationship was a “serious” one. During one […]
Patel (British citizen child – deportation) [2020] UKUT 45 (IAC) considers the importance of British citizenship held by children of people being deported from the UK. The case concerned an […]
The Court of Appeal has given judgment in Akinyemi v SSHD (No 2) [2019] EWCA Civ 2098, a long-running appeal concerning the deportation of a man who was born in […]
For those lawyers, like my Lord and myself, who have spent many years practising in the family jurisdiction, this is not a comfortable interpretation to apply. But that is what […]
You walk into court, lever arch folders tucked safely under each arm. You’ve tried to be organised and posted copies of your bundles weeks in advance. You’re part way through […]
The Home Office has updated its main guidance on family visas under Appendix FM of the Immigration Rules. The good news is now we have one consolidated guidance document dealing […]
In the case of Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 the Court of Appeal considered the meaning of “unduly harsh” in deportation […]
This month we start with a big Court of Appeal decision on “paragraph 322(5)” tax cases and the state of play on the new business visas. There’s just one asylum […]
Welcome to the April 2019 edition of the Free Movement immigration update podcast. This month we start with a big Court of Appeal decision on “paragraph 322(5)” tax cases and […]
Welcome to the Free Movement immigration update for March 2019. This month we start with a couple of High Court victories by NGOs before turning to some significant developments in […]
The Upper Tribunal has handed down two cases with guidance on a range of issues relating to the automatic deportation regime. In both cases the appellants sought to rely on […]
Welcome to the March 2019 edition of the Free Movement immigration update podcast. This month we start with a couple of High Court victories by NGOs before turning to some […]
It is a decade since the UK agreed to lift its immigration reservation to the UN Convention on the Rights of the Child, recognising that “migrant” children are, well, children […]
Migrants who would otherwise have no legal right to remain in the UK can appeal against their removal on the basis of their human rights. Usually they rely on Article […]
Page contentsWindrushDeaths at seaEU citizens rightsImmigration lawHere on Free MovementFuture migration Windrush The defining event of 2018 in the world of immigration law was without doubt the exposure of what […]
The Supreme Court has today handed down judgment in four linked cases all concerning the best interests of children who themselves face removal from the UK or whose parent faces […]
A further layer of complexity was added to deportation cases by the Immigration Act 2014, which inserted a new Part 5A into the Nationality, Immigration and Asylum Act 2002. This sets […]
