On 20 November 2014, the National Audit Office – the independent Parliamentary body responsible for scrutinising the way in which the government spends public money – published a report on the implementation of the post-2010 civil legal aid reforms. Its central conclusion is an unsurprising one: while spending on civil...
In welcome news for LGBT asylum claimants, the Court of Justice of the European Union ruled this week that ‘tests’ to prove a claimant’s sexual orientation, or intimate questioning about sexual behaviour, may breach the rights to human dignity and respect for private life contained in Articles 1 and 7...
I am pleased to be able to report that there are now over 270 signed up Free Movement Members with access to the training and reference materials, including a mix of some administrators and blog contributors, group members and individual members. 424 courses have been completed and 600 CPD hours...
Many practitioners are concerned about the increasing use of draconian powers to deprive people of their citizenship and the related ‘evil of statelessness’ (which is the subject of the UNCHR’s latest campaign.) Last week, a 7-member Supreme Court panel heard the latest round of arguments on these issues in the...
New Social Security Advisory Committee Report voices concerns On 20 November 2014, the Social Security Advisory Committee (SSAC) published its Report on the regulations which remove entitlement to Housing Benefit for certain categories of European Economic Area (EEA) jobseekers. The Committee expresses a number of concerns about the impact of...
It has been announced today by Minister for Security and Immigration James Broken-shire that Part 4 of the Immigration Act 2014 is to be brought into full effect on 2 March 2015. This amends the procedure for marriage and civil partnership for everyone (not just foreign nationals) and creates new...
The guidance is directed to the Home Office’s own staff — a pertinent issue following these recent reported cases: Immigration officials caught lying on oath — but it is sound guidance for any witness attending court. I particularly liked this bit: Some may even accuse you of lying. This can...
Free, excellent and detailed analysis, highly recommended reading. The change to the definition of overstaying and the new invalid application provisions are particularly important in general casework, the administrative review process is explained and there is detailed analysis of changes to a significant number of immigration categories, including visitors, business...
Welcome to the October 2014 edition of the Free Movement immigration update podcast. As normal, the material for the podcast is drawn from blog posts on Free Movement for the month of October. I start this month by going through some asylum updates, move on to some other important cases...
The case of R (on the application of Muwonge) v Secretary of State for the Home Department (consent orders: costs: guidance) (IJR) [2014] UKUT 514 (IAC) makes for interesting law and interesting reading. It is, apart from anything, the first case I can immediately recall featuring a Prologue, a section...
The First-tier Tribunal now has a new set of procedure rules: the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, which came into force on 20 October 2014. The Rules are streamlined in some parts and the overriding objective is modified to emphasise fairness and justice more than...
East of England Ambulance Service Nhs Trust v Sanders (Practice and Procedure) [2014] UKEAT 0217/14/1710 is an interesting employment case involving a litigant in person via Neil Rose. I do not think it is at all unusual for immigration tribunal judges to conduct their own research and I’ve been presented...
When the Grand Chamber handed down its judgment in Dano v Jobcenter Leipzig (C-333/13) on 11 November 2014, it was the subject of much media attention: Germany can deny benefits to jobless EU migrants, court rules (The Guardian), Landmark ECJ ruling boosts David Cameron’s bid to clamp down on EU...
The Supreme Court will today hear a case, Secretary of State for the Home Department (Respondent) v B2 (Appellant), concerning the definition of statelessness in international law and in which the Secretary of State’s power under section 40 (2) of the British Nationality Act 1981 to deprive a naturalised British...
The Independent reported at the end of last week that an “expert” linguist at controversial commercial linguistic analysis company SPRAKAB has lied about his qualifications and has a criminal conviction for smuggling drugs. It is rather questionable whether the “expert” testimony of such a person should be regarded as inherently...
Back in 2006, even before this blog first began and in the aftermath of his predecessor’s resignation, then Home Secretary John Reid declared that his department was “not fit for purpose”. A huge backlog of some half a million cases had been uncovered and the department would aim to deal...
In Tarakhel v Switzerland [2014] ECHR 1185 (04 November 2014) the Grand Chamber of the European Court of Human Rights (“ECtHR”) has issued its long-awaited decision as to the lawfulness of returning asylum seekers to Italy, a subject that has engaged the refugee lawyers of Europe for some years. The ECtHR rules that individualised enquiries...
Have you forgotten yet?… For the world’s events have rumbled on since those gagged days, Like traffic checked while at the crossing of city-ways: And the haunted gap in your mind has filled with thoughts that flow Like clouds in the lit heaven of life; and you’re a man reprieved...
Following the death at Heathrow Airport in October 2010 of Jimmy Mubenga during the course of his deportation this week saw the start of a landmark prosecution of the three G4S Detention Custody Officers. Counsel for the Crown Mark Dennis QC opening the case said: [The guards] held Mubenga in...
Gail Elliman was first and foremost a fantastically warm, funny and compassionate human being. She was also a socialist, a feminist, a lawyer, a trainer, an immigration judge and a coroner. Tragically, she died on 19 October 2014 at the age of 53. I did not know Gail well enough...
Leave that has been extended by virtue of section 3C of the Immigration Act 1971 is invalidated by section 10(8) of the Immigration and Asylum Act 1999 where a decision is made under section 10 to remove the person having such leave. The case is R (Ali) v Secretary of...
The clue is in the word “illegal”, David. There are a very wide range of criminal offences covering all types of, er, illegal behaviour. Not just in immigration law, either! In an immigration context, though, section 24 of the Immigration Act 1971 (“title: Illegal entry and similar offences”) is probably...
Long-awaited guidance on returns to Mogadishu poses significant, but not insurmountable, challenges to appellants It may be 286 pages long but the apparent effect of the new Somalia Country Guidance — MOJ & Ors (Return to Mogadishu) (CG) [2014] UKUT 442 (IAC) — can, from the Home Office’s perspective, be...
Band 1 | Garden Court Chambers THE SET This impressively sized set leads the way at the London Immigration Bar, and offers an unrivalled range of capabilities across all types of work. Specialist areas of expertise include national security, family and child immigration and asylum matters. Sources say: “Their approachability...
Want to know who might qualify as a refugee? What the legal requirements are? What reasons the Home Office relies on to refuse cases and what counter arguments are available? Who might be excluded from refugee status? I have just finished a new ebook, this time on refugee law in...
When reviewing the Home Office’s new Appeals Guidance policy document I was reminded of a new feature of the appeals regime that is an important one but which was tucked away in the schedules to the Immigration Act 2014. A new expanded section 120 of the 2002 Act is introduced...
Criminal casework: bail applications, action before and during a bail hearing or decision. I hadn’t seen this before, I confess, and it has now been updated. Flicking through it I notice there is a detailed section on licenses and Home Office duties regarding release addresses which is useful (some judges...
This from Channel 4 News about the collapse of a huge “sham marriage” criminal trial: But, when immigration officers were questioned in the witness box, it emerged that evidence had been tampered with or concealed, possibly destroyed, video footage had gone missing, and an investigation log had been doctored. His...
Today the Home Office has belatedly allowed publication of an investigation by the Chief Inspector of Borders and Immigration, John Vine, into the assessment of asylum claims based on sexual identity. The report was handed to Theresa May on 31 July 2014 and it is today published alongside a document...
The National Audit Office has published a damning report on the UK’s deportation process today. The numbers of foreign criminals deported have actually declined since 2008-09 despite a tenfold increase in the number of staff dealing with these cases at the Home Office, from below 100 in 2006 to over...
Now in version 12, valid from 17 October 2014. The only major change seems to be removal of guidance on qualifying for ILR after 10 years through the private life route. Still includes the useful exception to requiring continuity of residence for those who overstay for 28 days or less.
...Even aside from the issue of an unpublished law purporting to have any effect, the Immigration Act 2014 (Commencement No. 3, Transitional and Saving Provisions) Order 2014 (SI 2014/2711) is a dog’s breakfast. At first blush it appears to bring into effect the new unified removal power at section 1...
