I was asked by a Polish media outlet for comment in this Boris Johnson piece on renegotiation of EU free movement rules and the idea of quotas. Here’s what I said: A quota for free movement of workers around Europe is impossible under the fundamental treaties of the European Union...
In the case of YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 the Court of Appeal has examined the effect of the new Immigration Act 2014 human rights statutory considerations and the accompanying changes to the Immigration Rules. The court concludes that the new regime...
This just in from the marvellous BritCits: Furthermore, you have provided a detailed covering letter explaining why you qualify for an EEA Family Permit under Regulation 9. You have quoted case law and the rules concerning how long someone can work in a member state and qualify under Regulation 9....
So, with the Scottish referendum result out of the way the UK Government has taken the opportunity to extend UK immigration law enforcement powers in Scotland with the commencement of a long dormant power of detention and accompanying criminal offence. The disgraceful timing cannot possibly be accidental; this law was...
So Banksy’s new immigration themed mural in Clacton — where Douglas Carswell has resigned as Conservative MP to stand in a by election for UKIP — has been destroyed by the local council before anyone else even knew it was there on the grounds that it was “offensive” and “racist”....
In the case of Nwaigwe (adjournment: fairness) [2014] UKUT 418 (IAC) the unnamed First-tier Tribunal judge had refused to adjourn a case. This was despite a letter from the appellant’s solicitors requesting a short adjournment on the grounds that the appellant was ill and stating that they had been unable...
The official headnote is quite long but you can get the gist from paragraph 2: There is significant evidence of human rights abuses, including within Cabinda and affecting Cabindans, problems of arbitrary arrest and detention, ill-treatment in detention, poor prison conditions, restrictions on freedom of expression, government action against protest...
As predicted, the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 are official and come into effect on 20 October 2014. More analysis to follow in due course for Free Movement Members. Headline changes seem to me to be that: Costs can be awarded in the First-tier Tribunal...
It tickles me that UKIP plan to scrap the EU agreement that permits the UK to return asylum seekers to other EU countries without considering their asylum claim. As it stands, this EU agreement, often referred to as the Dublin Convention or Dublin Regulation (not Treaty as UKIP seem to...
Interesting reports from a meeting on gender and refugee law tonight: Madam Justice Catriona Jarvis: Being a feminist judge in the immigration tribunal has been a solitary & lonely path #GenderInRefugeeLaw — Asylum Aid (@AsylumAid) September 29, 2014 (I’m fairly sure Asylum Aid have her title wrong in that one.)
...The government has issued guidance on how section 65 of the Immigration Act 2014 will be applied. Section 65 fills the gap for children of British Citizen fathers born before 2006 whose parents were/are not married. The provisions will create a registration route for: Those who would have become British...
Official headnote from Mohammed (Family Court proceedings-outcome) [2014] UKUT 419 (IAC): Whilst it may be that in the Family Court jurisdiction prior to the coming into force on 22 April 2014 of the Children and Families Act 2014 there was always the possibility of a parent making a fresh application...
Official headnote for MG (prison-Article 28(3) (a) of Citizens Directive) Portugal [2014] UKUT 00392 (IAC): (1) Article 28(3)(a) of Directive 2004/38/EC contains the requirement that for those who have resided in the host member state for the previous 10 years, an expulsion decision made against them must be based upon...
The Court of Appeal yesterday gave judgment in Tabrizagh and others, the application for permission to appeal from the decision of Laing J. The written judgment is not available yet but will be soon [UPDATE: R (On the Application Of Tabrizagh & Ors) v The Secretary of State for the...
So the Judicial Appointments Commission is seeking to recruit “up to 20” fee paid Deputy Judges of the Upper Tribunal, Immigration and Asylum Chamber and six salaried Judges of the Upper Tribunal, Immigration and Asylum Chamber. The former are paid £595 per day for up to 30 days per year....
Welcome to the August 2014 edition of the Free Movement immigration update podcast. As normal, the material for the podcast is drawn from blog posts on Free Movement. There was a huge amount of important new material on the blog in August so I’ve had to be selective in what...
Coming back from my break and looking through various updates, I was struck by a series of articles on citizenship and nationality laws in the event of Scottish independence following the vote this Thursday. Some of these seem to me fundamentally to misunderstand the independence process as it is likely...
In a fresh batch of cases from the reporting committee, two of those cases address the question of how grounds should be drafted, what constitutes an error of law and when permission should be granted. One of the cases concerns an appeal by a claimant and the other an appeal...
Some European Union member states are anxious that their own citizens should not circumvent their own sometimes very tough immigration rules by relying instead on EU free movement law. The UK is one such, and has been right from the start. At paragraph 24 of Surinder Singh itself, the court...
In July the High Court awarded an Indian lady, Radha Patel, £125,000 in damages for her treatment by immigration officials on and after arrival as a family visitor. The case is Radha Naran Patel v Secretary of State for the Home Department [2014] EWHC 501 (Admin) and it is extremely...
Anxious scrutiny has been given the expert report from [name of expert]. It is noted that the report was produced for your solicitor “under her instruction” to aid your asylum claim. It is therefore not objective information and it is clear you were not subject to the cross examination that...
In HM and others (Article 15(c)) Iraq CG [2012] UKUT 00409(IAC) (“HM2”) the Upper Tribunal speculated: …we consider that so far as Article 15(c) is concerned the most likely development is that the levels of violence will either continue to reduce or remain at around the same level as in...
I’m now away for two weeks on holiday, returning to work 15 September 2014. There are a few blog posts pre-written and pre-scheduled to keep you entertained until then, and at least one colleague has threatened to write something while I’m away as well. Someone is keeping an eye on...
Lawyers, judges and Home Office officials are all still getting to grips with the effect of the controversial statutory ‘guidance’ to judges on Article 8 introduced by the Immigration Act 2014. One month on it is still far too early to say how it will pan out. It will be...
The Home Office have updated their Chapter 13 Immigration Directorate Instruction guidance on deportation cases. It makes interesting reading for anyone interested in immigration law or human rights but it is essential reading for lawyers representing people in deportation cases. It not only gives insight into the approach of the...
For supporters of the No Borders movement, it is an article of faith that borders are an unnecessary interference with human freedom and human nature. Borders by their nature separate people, break up families, hold back economic and cultural development and discriminate between otherwise equal humans on the basis of...
Given my experience on the float list at Hatton Cross this week, this successful complaint to the Parliamentary and Health Ombudsman makes very interesting reading. An award of £3,600 plus interest for legal costs and £100 for inconvenience was made to a lady whose hearing was cancelled the day before...
From 28 July 2014, the commencement of provisions of the Immigration Act 2014 gives the Secretary of State new powers of certification that will oust “in-country” rights of appeal for foreign criminals. She may do so in any case where she thinks removal would be consistent with the Human Rights...
