All appellant advocates appearing before the Immigration and Asylum Chamber of the First-tier Tribunal will be familiar with the growing trend for UK Border Agency Presenting Officers to withdraw decisions either very shortly before or even at the appeal hearing. At Renaissance Chambers we are experiencing this many times every...
A batch of new Upper Tribunal cases have been approved as safe for general consumption by the reporting committee. I posted up three of them yesterday as new short-form ‘link format’ posts with no real commentary, but I wanted to highlight the case of Farquharson (removal – proof of conduct)...
DSG & Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC) Having done quite a few Afghan Sikh cases myself I can say this looks like a very sensible and pragmatic decision essentially disavowing the rather antiquated existing Country Guidance case on this group. A new CG case...
JL (medical reports-credibility) China [2013] UKUT 145 (IAC) Important read for anyone commissioning, writing or relying on medical reports in asylum cases. Official headnote: (1) Those writing medical reports for use in immigration and asylum appeals should ensure where possible that, before forming their opinions, they study any assessments that...
OO (gay men: risk) Algeria [2013] UKUT 63 (IAC) Official headnote: a) “Sodomy” and “acts against nature with a member of the same sex” are illegal under Penal Code Article 388 and 333 in Algeria and on conviction carry a criminal sentence of up to 3 years imprisonment and/or a...
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 2013 HC1039. These can be viewed...
The Court of Appeal in the UK has very recently granted stays preventing the removal of asylum-seekers to Cyprus under Dublin II. The proceedings have been stayed pending the appeal against the judgment in EM (Eritrea) & Ors v SSHD [2012] EWCA Civ 1336. The cases are: – MD (Guinea)...
Like me, readers may have detected some uncertainty from the First-tier and Upper Tribunals about how best to determine claims of former UASCs from Afghanistan in light of EU and others (Afghanistan). In EU the Court of Appeal, Sir Stanley Burnton giving the only substantive judgement, determined the individual claimants’...
I was delighted last week to receive an email from Professor John Fitzpatrick of Kent Law School informing me that AR of WM (DRC) and AR (Afghanistan) [2006] EWCA Civ 1495 (the leading case on fresh asylum claims) fame has been granted a residence permit. Here is how it all...
It was with a mixture of pride and regret that I heard that last week immigration judges were explicitly and specifically instructed not to join the Free Movement forum by the two Presidents of the Immigration and Asylum Chambers. It is nice to know the blog is on the senior...
In the case of Eweida v UK [2013] ECHR 37 the European Court of Human Rights famously dismissed three out of four religious discrimination applications while managing to appear sympathetic to the cause of religious freedom. The case concerned the right to manifest one’s religious views at work. The only claimant...
A big thank you goes to Jane Heybroek of Bell Yard Chambers for persisting with her Freedom of Information request in relation to further documents concerning the Evidential Flexibility policy. You can access the disclosure here. The policy (but not Jane’s FoI instructions) was very recently covered by the Upper...
The Free Movement forum launches today. It is intended to be a private, progressive space in which immigration lawyers, campaigners, academics, students and select others can help one another and discuss any or all immigration, asylum, nationality and human rights law questions and policy. To help create that space, the...
Last week, Asylum Aid published three research reports into the state of legal aid funding for fighting asylum cases. Taken together, they expose the corrosive effect on quality of the switch to the Graduated Fixed Fee (GFF) funding system in 2007 and the threat to the continuation of quality work...
At 2pm today a group of injunction applications for Tamils facing removal to Sri Lanka by charter flight on 28 February 2013 were heard before Mr Justice Wilkie and Upper Tribunal Judge Gleeson. A suspension on the removal of all Tamil failed asylum seekers was ordered (copy here). The cases...
Continuing in the spirit of innovation, the Free Movement legal forum will, all being well, launch next week. I’m seeking comments or feedback on the idea now before it goes live. A Join the forum introductory page has been added to the menu bar for a preview of what is...
With an unhealthy mixture of surprise, embarrassment and pride (emphasis on surprise, I think) we can announce that the Renaissance Chambers Immigration Team has been shortlisted for the Award for Innovation – The Bar at the Halsbury Legal Awards 2013. Congratulations for the slightly more respectable UK Human Rights Blog...
In Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, when an applicant for asylum who is an unaccompanied minor with no member of...
The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department [2013] EWCA Civ 67 found that the 2009 Country Guidance case of TL (Sur Place activities-risk) Burma [2009] UKAIT 00017 was legally flawed, effectively overturning it in what had become a...
Theresa May this weekend launched a blistering and unprecedented attack on ‘a minority of judges’, accused them of ignoring the will of Parliament by refusing to deport foreign criminals. Remarkably, she said that: A minority think it is their role to determine whether or not foreigners who commit serious crimes...
This instrument is drawn to the special attention of the House on the grounds it may inappropriately achieve its policy objective. House of Lords Secondary Legislation Scrutiny Committee, 6th Report of Session 2012-13, Statement of Changes in Immigration Rules (HC 194) (source)
...CM (EM country guidance; disclosure) Zimbabwe CG [2013] UKUT 59 (IAC) is important not only as Country Guidance on Zimbabwe but also on the law of evidence in the immigration tribunal. The broad effect of the Country Guidance findings are summarised in the headnote, already posted up last week on...
The Upper Tribunal has yet again rejected the government’s contention that new Immigration Rules define and delineate the extent of the United Kingdom’s human rights obligations. The latest case is Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) but it follows on from two other recent determinations,...
Hard copy left, Kindle right (buying via these links throws me a very small bungreferral fee) Amazon doesn’t yet have an image but for those wondering about this year’s colour, it is a bit like the 2003 model but a slightly mintier green. Early reviews: “It would have been a...
In preparing my two year old toddler son for another trip to the swimming pool on Saturday morning, I suddenly realise that I am teaching him how to remember details, what are the important or ‘right’ details (by my reaction when I laugh or smile at the answer) and how...
No general duty on Secretary of State to disclose evidence in asylum cases, only not to mislead by omission Overturned Country Guidance in case of EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) reinstated with amendment to account for RT (Zimbabwe) [2012] UKSC 38 Elections due in 2013,...
The latest report by John Vine, the Independent Chief Inspector of Borders and Immigration, was published this week. It concerns applications to enter, remain and settle in the UK on the basis of marriage and civil partnerships and the summary of recommendations is that the UK Border Agency: Assesses all...
The very recent reported case of Khatel and others (s85A; effect of continuing application) Nepal [2013] UKUT 44 (IAC) consolidates the on going issues in relation to Points Based System Tier 1 Post Study Work applications: the date of the award and whether or not the Tribunal can consider evidence...
