The result of this reference on the free movement rights of EEA citizens who naturalise as British and thus become dual citizens will be very interesting and important. The transitional provisions in Schedule 3 to the Immigration (EEA) (Amendment) Regulations 2012 are fiendishly complex, although perhaps ultimately irrelevant in the...
The “right to rent” scheme and legislation refers to a mysterious “permission to rent” which can be granted by the Secretary of State, presumably to those who do not otherwise possess the right to rent. Section 21(3) of the Immigration Act 2014 reads: But P is to be treated as...
Is it unlawful for the UK to curtail the visas of Japanese nationals? Maybe. Maybe not. See Article 3(3) of the Treaty of Commerce, Establishment and Navigation between the United Kingdom of Great Britain and Northern Ireland and Japan (14 November 1962): Any conditions as to the duration of his...
The Free Movement blog has turned nine; the first blog post was published on 7 March 2007. In the last nine years the blog has received over 6.3 million page views. The single most popular blog post was about Paddington Bear (109,429) but in a depressing sign of the times...
The Annual Report of the tribunal system has been published. The review of the First-tier Tribunal Immigration and Asylum Chamber review starts at page 74. The First-tier report tells of long waits caused by fluctuations in caseload, a long-term change from salaried to fee-paid judges and with it a loss...
The document entitled Guidance on how Syrian nationals in the UK can extend their visa based on the concessions to the Immigration Rules was updated on 29 February 2016. Essentially, it allows Syrians in the UK as Tier 4 or short term students, family members of Points-Bused System migrants, visitors...
An unannounced inspection of short term detention facilities for refugees and migrants crossing the Channel into the UK has revealed that hundreds, including many children, have been held in “wholly unacceptable” and insanitary conditions. Many were held in a disused freight shed and forced to sleep on concrete floors, with...
The case of G and H v Upper Tribunal and SSHD [2016] EWHC 239 (Admin) is notable as the first reported case of a successful substantive Cart JR against a decision of the Upper Tribunal (Immigration and Asylum Chamber) refusing permission to appeal from the First Tier Tribunal (FTT) to...
UPDATE: for the fees for 2017-18 see here. The Home Office first proposed and is now going ahead with a massive 25% increase in already high immigration application fees for families for the year 2016-17. The changes will be implemented on 18 March 2016 rather than the usual date of...
A welcome effort by the Home Office to explain and encourage Tier 4 student applications: The UK recognises the important contribution international students make, and welcomes those who wish to study at our world-class institutions. This leaflet is designed to provide you with some information about the Tier 4 visa...
The Chief Inspector of Borders and Immigration, David Bolt, has published a new report which is highly critical of Home Office complaint handling. The findings echo those of the Parliamentary and Health Service Ombudsman from November 2015. Bolt and his team find “considerable room for improvement” in many respects. For...
The new HM Chief Inspector of Prisons is not holding his punches. Peter Clarke’s first report is on the Harmondsworth detention camp used for short and long term detention of migrants near Heathrow airport. In an unannounced inspection his team found “appalling” and “desolate” conditions for detainees. You can access...
Open justice is one of the most crucial features of a free state. In weighing up individual cases, courts have sometimes decided that open justice shoud give way to other, equally necessary, ideals. For instance, national security won the day in the Court of Appeal decision in the Erol Incedal...
Further to the decision of Blake J in the case of Gheorghiu (reg 24AA EEA Regs – relevant factors) [2016] UKUT 24 (IAC) (FM post: Upper Tribunal considers when EEA nationals should be readmitted to UK to attend own deportation appeal hearings) the Upper Tribunal has returned to the issue...
This text is based on a talk given by Sonel on 24 February 2016 at an ILPA event on family immigration law. Since 2012, family immigration in UK has taken a particularly nasty turn, even where and maybe especially where, the sponsor is a British citizen. There was Quila, interfering...
Official headnote: Much of the guidance given in AM & BM (Trafficked women) Albania CG [2010] UKUT 80 (IAC) is maintained. Where that guidance has been amended or supplemented by this decision it has been highlighted in bold: “a) It is not possible to set out a typical profile of trafficked women from Albania:...
A few snippets from a recent debate in the House of Lords. An amendment to the current Immigration Bill currently wending its way through Parliament was tabled which would close the Tier 1 Investor route. This type of visa is obtained by making an investment of at least £2 million...
Changes from last version of this guidance updated to reflect Immigration Act 2014 changes since v8.0 clarification on how paragraph 353 applies to human rights only cases, including valid applications made under the Immigration Rules after an earlier asylum or human rights claim has been refused additional circumstances in which...
Exploring the boundaries of refugee law, recently published by Brill/Nijhoff as part of their International Refugee Law series, arises from a successful conference hosted by the Refugee Law Initiative in London in 2012. Papers arising therefrom are now presented in this hardback volume, with a thought-provoking essay to set the...
Our advice services in Brighton provide specialist legal advice, casework and representation on housing, asylum and immigration matters together with one off advice provided over the telephone or at drop in sessions, and digital advice via webcam on housing and welfare benefits issues. There are two teams, the housing and...
Section 29(4) of the Tribunals, Courts and Enforcement Act 2007 results in the Upper Tribunal having powers in relation to the making of wasted costs orders (as defined in section 29(5)) which are not subject to the limitations in s.29(3) or r.10 of the Tribunal Procedure (Upper Tribunal) Rules 2008....
Interesting article (in English) on the recent case of L.E. v Greece (Application No 71545/12) (in French) in which the European Court of Human Rights held that Greece had breached Article 4 ECHR by failing to fulfil its positive obligations to recognise, properly investigate and protect a victim of trafficking....
Welcome to the January 2016 edition of the Free Movement immigration update podcast. In this episode I start on immigration fees and the Shaw Review, cover a long list of tribunal cases on various issues, move on to some higher court cases on EU deportation cases, nationality and deception issues,...
Interesting: This page tells you about law enforcement agencies (LEAs) making requests to the Home Office to allow a foreign national to enter or remain in the UK to give evidence at a trial. Due to the international element of serious and organised crime, there are certain foreign nationals whose...
Rule imposing mandatory refusal for deception is not ultra vires says Court of Appeal. Unsurprisingly. A student was convicted for driving with excess alcohol and also for driving without due care and attention. He was made subject to a community order with an unpaid work requirement and a requirement to...
Very kind mention for my piece on Paddington here, described as “magnificent and delightful”. Thank you, David! Do check out the other blogs, all of which I follow and find inspiration in. As David discusses, it is a mystery that more solicitors do not make better use of blogging. I...
Sending an immigration decision to an email address is effective service, subject to rebuttal: (1) Notice of a decision (not falling within the Immigration (Notices) Regulations 2003) is “given” for the purposes of s.4(1) of the Immigration Act 1971 when it is (a) “sent” in accordance with Art 8ZA of...
The Court of Appeal has returned to the issue of “totally without merit” certificates in judicial review cases. These certificates can be imposed by a judge who refuses permission for an application for judicial review on the papers and it prevents the applicant from seeking an oral hearing. There is...
