All Articles

This article looks at some common practical issues which arise during the imposition of immigration bail conditions by the First-tier Tribunal, such as the requirement for the probation service to approve a bail address and issues around schedule 10 accommodation. This is of increasing importance given the current government has...

18th August 2025
BY Niamh Fegan

An Afghan man and his family have lost their challenge to refusal of their application for resettlement under the Afghan Relocations and Assistance Policy. The case is R (AFA & Ors) v Secretary of State for Home Department & Anor [2025] EWHC 2143 (Admin). Before the Taliban took over, the...

15th August 2025
BY Sonia Lenegan

The High Court has agreed with the Home Secretary in a judicial review challenging a claimant’s deportation and detention on the grounds that he had an outstanding asylum claim. The High Court held that the implicit withdrawal of the asylum claim was lawful and accepted the Home Secretary’s argument that...

15th August 2025
BY Sonia Lenegan

The Upper Tribunal has held that a refusal to grant leave under Appendix Hong Kong BN(O) was procedurally unfair because the decision maker decided the application with reference to evidence not provided by the applicant and without providing an opportunity for the applicant to address that evidence. The case is...

14th August 2025
BY Sonia Lenegan

A 68 year old woman has been ordered to pay the Home Secretary’s costs after unsuccessfully challenging a refusal to grant her indefinite leave to remain. The woman became the primary carer for her British granddaughter after her daughter died of Covid in April 2020 and has been working as...

14th August 2025
BY Sonia Lenegan

The First-tier Tribunal (GRC) has, unsurprisingly, struck out an appeal which was based on a disagreement with the marks awarded in the Immigration Advice Authority’s level 1 competence assessment. The case is Prime Immigration Services Ltd v The Immigration Services Commissioner [2025] UKFTT 959 (GRC). Prime Immigration Services Ltd had...

13th August 2025
BY Sonia Lenegan

The Upper Tribunal has declined to decide a policy challenge to the ten day deadline, and “exceptional circumstances” requirement to extend it, to respond to a notification that the Home Secretary is considering excluding someone from trafficking protections under the public order disqualification. The challenge to the individual decision was...

13th August 2025
BY Sonia Lenegan

Welcome to the weekly Free Movement newsletter!  There are obviously a variety of reasons why the right wing press’ targeting of judges and putting them in danger of violence is problematic. One of those issues is how poor the journalists’ understanding is of their subject matter. I have written a...

12th August 2025
BY Sonia Lenegan

The inadmissibility process is what the UK has used in recent years to exclude a person’s asylum claim from being considered and decided in the UK, so that they can then be removed to a third country (first Rwanda and now France). The current inadmissibility process in asylum claims was...

12th August 2025
BY Katherine Soroya

Kent Law Clinic is recruiting for a solicitor and/or barrister with extensive experience in immigration law to take up a role of practitioner and academic; the role includes conducting casework, and teaching and supervising law students. Kent Law Clinic is based within Kent Law School at the University of Kent....

12th August 2025
BY Free Movement

The Home Office announced over the weekend that the use of “deport first, appeal later” would be expanded from eight to 23 countries. The list of countries is missing from that announcement but has been covered elsewhere. Existing countries were Finland, Nigeria, Estonia, Albania, Belize, Mauritius, Tanzania and Kosovo. New...

11th August 2025
BY Sonia Lenegan

It is certainly possible to change employer whilst on a skilled worker visa. However, there are several factors to consider throughout the process, especially considering the monumental changes to the immigration rules on 22 July 2025. In this article we will consider the steps required to change employer on a...

11th August 2025
BY Nanayaa Agyeman

In what was described by the Court of Appeal as “the fourth case to reach this court in the wake of R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7” three appellants have lost their appeal against deprivation of citizenship and a fourth has lost their appeal against exclusion...

8th August 2025
BY Sonia Lenegan

July was actually a fairly busy month! Join Sonia and Barry as they run you through what happened, including the changes to the skilled worker route, everything that happened on Afghan resettlement, recent changes to the EU Settlement Scheme and the latest instalment in a far too long running Palestinian...

8th August 2025
BY Sonia Lenegan

Plumstead Community Law Centre is recruiting an Experienced Supervising Solicitor with at least 3 years’ PQE. This is an exciting opportunity to build on the Law Centre’s significant recent management and governance developments and to lead the strengthening of its legal practice.​ For more details, you can download the job pack here. To...

8th August 2025
BY Free Movement

This post has been updated with the latest developments on Thursday including the Home Office announcement on detentions and publication of the caseworker guidance applicable to those applying to come to the UK. Applications have also opened for people to submit an expression of interest to come to the UK....

7th August 2025
BY Sonia Lenegan

It appears that the first application window has opened for those who want to come to the UK from France under the new scheme announced this week. The expression of interest form is online along with guidance that says: “The scheme will be open for applications for a short period....

7th August 2025
BY Sonia Lenegan

On Tuesday, the government introduced a new Appendix UK/European Applicant Transfer Scheme to the immigration rules and below we consider the implication of the new scheme from the perspective of an NGO working with people in Northern France. These changes come into swift effect following the coming into force of...

7th August 2025
BY Basma Kamel

Work cases. Shape policy. Expand access to justice. About Seraphus Seraphus is a fully remote, values-led UK firm specialising in immigration law and European citizens’ rights. We deliver online advice at scale (with Free Movement), legally aided and privately funded services, and sector-shaping policy work with the European Commission, the...

7th August 2025
BY Free Movement

The Home Secretary has succeeded in a judicial review against the Special Immigration Appeals Commission challenging a decision on their jurisdiction to award costs in certain cases. The case is R (Secretary of State for the Home Department) v Special Immigration Appeals Commission [2025] EWHC 2019 (Admin). As is usually...

6th August 2025
BY Sonia Lenegan

Welcome to the weekly Free Movement newsletter!  Because of the way that people in the asylum system are treated, the period while waiting for a decision is often an undignified and dangerous time. It is understandable that where other options are available people will choose those so as to avoid...

5th August 2025
BY Sonia Lenegan

The High Court has dismissed a judicial review challenging the Home Secretary’s failure to implement the recommendations of the Brook House inquiry. The judgment includes a useful annex addressing an application made by the Home Secretary for an order preventing the claimants from relying on material subject to parliamentary privilege....

5th August 2025
BY Sonia Lenegan

The Court of Appeal has refused an application to lift the anonymity order protecting the identity of a woman who lacks the capacity to litigate. The case is SA v The Secretary of State for the Home Department [2025] EWCA Civ 1065 (the Home Secretary was an interested party, the...

4th August 2025
BY Sonia Lenegan

On 1 July 2025, the British Nationality (Irish Citizens) Act 2024 (Commencement) Regulations 2025 made provisions for the British Nationality (Irish Citizens) Act 2024 to come into force on 22 July 2025. The Act introduces a simplified route for Irish citizens who have been resident in the UK for five...

4th August 2025
BY Cathryn Davies

There is a UK visa for overseas domestic workers, first introduced in 2002. Although the immigration rules do not define “domestic workers”, the route is typically used by nannies, cleaners, chauffeurs, cooks, personal carers and protection staff. The domestic worker route has undergone a number of changes over the years,...

1st August 2025
BY Nichola Carter

It has been a big summer for the field of climate change, migration, and international human rights. On 3 July, the Inter American Court of Human Rights released its historic advisory opinion on the legal obligations of states in light of the climate emergency, and on 23 July the International...

31st July 2025
BY Yumna Kamel

The Home Office may finally succeed in its 17 year attempt to deport a man with several convictions dating back to 1992. The case is Kapikanya v Secretary of State for the Home Department [2025] EWCA Civ 987. The appellant arrived in the UK in 1983 as a 14 year...

30th July 2025
BY Sonia Lenegan

A Palestinian family, including children aged nine and seven, have succeeded in a judicial review challenging the UK’s failure to provide them with consular assistance to get them out of Gaza so that they can register their biometrics and come to the UK to join family. The case is R...

30th July 2025
BY Sonia Lenegan

Welcome to the weekly Free Movement newsletter!  This is an important read from our fellow blogger Giles Peaker over on the Nearly Legal housing blog, looking at how AI has contributed to the spread of inaccurate information about housing for people in the asylum system. A housing association in Wales...

29th July 2025
BY Sonia Lenegan

The Independent Chief Inspector of Borders and Immigration (ICIBI) has published a report following an inspection of the Home Office’s use of age assessments. The report states that “many of the concerns about policy and practice that have been raised for more than a decade remain unanswered”. Background: Home Office...

29th July 2025
BY Stewart MacLachlan

A student and her husband have successfully challenged the Home Office’s decision to cancel their leave, with the result that their detention was also held to be unlawful. The case is R (Manpreet Kaur & Anor) v The Secretary of State for the Home Department [2025] EWHC 1942 (Admin). Background...

28th July 2025
BY Sonia Lenegan

One of the most common UK immigration myths is that there is a maximum permitted stay of 180 days in a year (or six months in 12 months) for UK visitors.  This myth has been propagated not just by migrants but also by advisers and even UK Border Force staff....

25th July 2025
BY John Vassiliou

A care provider has successfully challenged the Home Office’s decision to revoke its sponsor licence after the High Court found the decision maker failed to properly consider explanations for apparent salary shortfalls and reached irrational conclusions about genuine vacancies. Notwithstanding the Home Office’s firm stance on compliance, the judgment in...

24th July 2025
BY Jack Freeland

“They weren’t working, they were just volunteering” is rarely a persuasive defence against a civil penalty. Indeed, it’s positively unpersuasive when those in question were caught voluntarily serving customers, selling alcohol, using the lottery machine to sell tickets and scratch cards, processing parcel deliveries, stacking shelves, and cleaning the store....

23rd July 2025
BY John Vassiliou

Welcome to the weekly Free Movement newsletter! I have exceptionally gone a little longer than usual this week, for obvious reasons.  Last week many people received a message from the Ministry of Defence that immediately struck them with terror. It is still difficult to contemplate the extent and implications of what...

22nd July 2025
BY Sonia Lenegan

The Bar Standards Board has dismissed a barrister’s appeal against disbarment, stating that “findings of professional misconduct, including dishonesty, and the sanction of disbarment imposed by the Tribunal were appropriate and correctly applied”. The case is Dean v The Bar Standards Board (BSB) [2025] EWHC 1860 (Admin). Background The Bar...

22nd July 2025
BY Sonia Lenegan
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