I say ‘Tomato’, interpreter says ‘Potato’. I say ‘Potato’, interpreter says ‘Tomato’. Tomato. Potato. Potato? Tomato? Everyone thinks I’ve given inconsistent evidence, my credibility is shot to pieces, I’ve lost my case. Applied Language Solutions, the agency who won the Ministry of Justice’s contract to supply all courts and tribunals...
In the second Court of Appeal judgment from last week in which Zane Malik was Counsel for the Appellant, that of Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260, the same bench has given another judgment that many migrants will find unhelpful. Essentially, the Court...
The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of there being a free standing ‘near miss’ argument in immigration cases where the applicant falls just short of the requirements of the rules. As...
The Legal Services Board has issued a consultation paper that proposes potentially major changes to the regulation of immigration advice and services. The deadline for responses is 24 May 2011. The LSB is critical of the current regulatory regime, saying of their own investigation into the immigration market in 2011:...
As expected, the obscure but important Chapter 53 of the Enforcement Instructions and Guidance (‘Extenuating Circumstances’) has been amended following on from the scrapping of paragraph 395C of the Immigration Rules. The new text is basically in line with the amended rules and is set out below for reference. It...
I recently acted in an appeal concerning a Tier 4 Student application in which the sole reason for refusal concerned the appellant’s English language ability. Since April 2011 all degree–level students have been required to show knowledge of English equivalent to the “B2” level of the Council of Europe’s Common...
In a slew of new documents published today the Government has heralded the end of quasi-automatic settlement for skilled foreign workers under Tier 2 of the Points Based System, the evisceration of the Overseas Domestic Worker scheme, some tinkering with the Tier 5 temporary worker routes and the creation of...
This is the week in which Human Rights Watch reported that ‘Children deported to Kabul will face horrible risks‘ and Amnesty International reported that at least 28 children had died in the IDP camps around Kabul as result of the freezing winter conditions and lack of food. Yet to respond...
The sudden collapse of the Immigration Advisory Service shocked the sector and left many clients without any way of obtaining their paperwork from their former lawyers. Following legal action by the Immigration Law Practitioners Association it will now be possible to obtain files on demand until 28 May 2012. Unlike...
UPDATE: the order made by the Upper Tribunal is now available. A Tamil failed asylum seeker forcibly returned from the United Kingdom to Sri Lanka on 21 February 2012 has claimed that he was tortured on arrival. He was later interviewed by British officials. A medical examination arranged by the...
Further guidance has been reported which is applicable to deportation appeals raising Article 8. In Masih (deportation – public interest – basic principles) Pakistan [2012] UKUT 00046 (IAC) the official head note reads as follows: The following basic principles can be derived from the present case law concerning the issue...
This blog congratulates Zane Malik of 12 Old Square, who was this week appointed to the Attorney General’s C Panel of ‘junior juniors’. Zane has made a huge impact on immigration law in the last couple of years and it has become increasingly rare to see a judgment of the...
The latest case on fairness and the Secretary of State’s duty within the Points-Based System was published earlier last month. Naved (Student – fairness – notice of points) [2012] UKUT 14(IAC) concerned a student applying for further leave to remain within Tier 4. The SSHD’s sole reason for refusal was...
A plethora of immigration tweaks were announced yesterday, mainly of a technical nature. There is still no sign of the introduction of a minimum income level nor the ending of Tier 2 settlement applications. It is beginning to seem likely that these will be announced at short notice, probably to...
In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of both the First Tier and Upper Tribunals in finding the Maslov ‘very serious reasons for justifying the expulsion of a foreign national’ criterion (Maslov at...
A new decision from the President of the Immigration and Asylum Chamber of the Upper Tribunal offers relief to work permit holders caught out by a sneaky change to the Immigration Rules in April last year. This topic has been covered here on the blog before, here and here. Before...
Several important new cases have just emerged on the subject of marriage and the immigration rules for spouses. They all deal with the evidence and burden of proof in such cases. The President of the Upper Tribunal’s Immigration and Asylum Chamber, Mr Justice Blake, has had a hand in all...
Free Movement entirely retracts the article that was previously published here regarding the Chapti case and apologises to those involved. The comments in the article went considerably beyond fair, were unreasonably speculative and were misleading as to the true circumstances of the litigation. No contact was made with those responsible...
In parallel announcements the UK Border Agency has said that language requirements for Tiers 1, 2 and 4 of the Points Based System (highly skilled, skilled and students) are being tightened up slightly. The concession that allowed Tier 1 and 2 applicants to make an in-country immigration application before sitting...
The latest Country Guidance case on Zimbabwe finds, in essence, that despite vociferous and violent pronouncements about homosexuality at the highest level in that country, Zimbabwe is a safe haven for lesbians and gays. The case is LZ (homosexuals) Zimbabwe CG [2011] UKUT 00487 (IAC) and it was reported on...
Got a Kindle for Christmas? Wondering what to do with it now you’ve read the first couple of chapters of Great Expectations and then swiftly moved on to some Sherlock Holmes? You can now subscribe to Free Movement on your Kindle: while away your commute and keep yourself bang up...
On 15th November 2011, the Court of Justice of the European Union (‘the CJEU’) handed down its judgment in the case of Dereci (C-256/11). This was a much awaited judgment after the ‘Zambrano and Article 20’ revolution was dampened by McCarthy (see here for previous posts in relation to Zambrano...
The Government has finally gotten around to amending the Immigration Rules to make them a bit less human rightsy looking. This follows a number of pledges from David Cameron, Theresa May and Damian Green to do so. Paragraph 395C of the rules is to be deleted, as predicted here on...
Lord Justice Ward is at it again: This is another of those frustrating appeals which characterise – and, some may even think, disfigure – certain aspects of the work in the immigration field. Here we have one of those whirligig cases where an asylum seeker goes up and down on...
Today’s report by the Children’s Commissioner, Landing in Dover, exposes gross double standards by UK Border Agency officials. The report reveals the existence of a so called ‘gentleman’s agreement’ operating at the south coast ports whereby an unaccompanied child who did not make an immediate asylum claim would be returned...
A few reported determinations from late last year have so far escaped comment here. There’s not much to say about these ‘Ronseal’ style determinations. Lest they be forgotten, though, here are the links and official headnotes: Haque (adjournment for asylum interview) Bangladesh [2011] UKUT 481 (IAC) An Immigration Judge is...
In the case of NS v UK (C-411/10) (see here for FM’s earlier alerter post), the Court of Justice of the European Union (CJEU) held that the transfer of an asylum-seeker from one EU Member State to another under the Dublin II regulation is not permitted where a failing asylum...
There was some coverage in the right wing press yesterday about a new Migration Watch ‘report‘ purportedly linking Eastern European immigration with youth unemployment. Migration Watch statistical analysis has been covered here before. Even the report itself claims nothing more than a ‘gut instinct’ though: Youth unemployment in the UK...
The Upper Tribunal in T (s.55 BCIA 2009 – entry clearance) Jamaica [2011] UKUT 00483 (IAC) has decided that section 55 of the Borders, Citizenship and Immigration Act 2009 does not apply to children outside of the United Kingdom, although you might be forgiven for thinking otherwise after reading the...
Regular visitors to the website will have noticed some changes over the Christmas period. A second column has been introduced on the right with Renaissance Chambers and HJT Training information, with both of which the editor is personally associated. The About the blog page has been slightly rewritten to make...
Following on from last year’s seasonal leak, Free Movement can exclusively reveal a new secret Government proposal designed to cut down on abuse of human rights laws and reduce family immigration into the United Kingdom. The new proposal is said to have originated at the highest level because it was...
The Upper Tribunal haven’t hung around in turning their attention to the recent case of Sapkota v Secretary of State for the Home Department [2011] EWCA Civ 1320, which was only reported here on the blog three weeks ago. They have also reviewed the authorities leading up to Sapkota and...
The Chief Inspector of the UK Border Agency, John Vine, has published a global review of entry clearance decision making. The findings are strongly critical in important respects. The sample size was nearly 1,500 case files from every entry clearance post, so the review certainly was a global one. Vine...
The Court of Appeal last week handed down a very interesting judgment on the need for ‘proper argument’ in Country Guidance cases, the obligation on the tribunal itself to seek to secure that proper argument and how far the tribunal determination process can morph from an adversarial to an inquisitorial...
What is the psychological effect upon employers of the increasing stringency of their obligations under the Points Based System? The civil penalties under section 15 of the Immigration and Nationality Act 2006, which, in February of 2008, created the possibility of a £10,000 penalty to be paid by an employer...
