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This film looks interesting, and I’ve agreed to participate in a panel discussion beforehand, it being literally just round the corner from where I live in East Finchley. Full details and tickets here.

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18th June 2014
BY Colin Yeo

In Hameed (Appendix FM – financial year) [2014] UKUT 00266 (IAC) the Upper Tribunal has no hesitation in finding that it is the tax year that applies when calculating income, not a business’ own accounting year. No actual reasons are discernible as such.

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18th June 2014
BY Colin Yeo

Yesterday I gave a short talk at an event organised by the Campaign to Close Campsfield as part of Oxford Refugee Week. It was an excellent, well attended event in a packed room at the town hall and I’m grateful for the chance to have spoken. My first demonstration was...

17th June 2014
BY Colin Yeo

Judgment has finally been handed down in the latest test case on Dublin removals to Italy, Tabrizagh and others v SSHD [2014] EWHC 1914 (Admin) and although it is on any view bad news, there is much in it to consider. In a carefully reasoned and frankly impressive decision the...

16th June 2014
BY Free Movement

I’m delighted to be speaking on Monday night at this event with the Campaign to Close Campsfield as part of Oxford Refugee Week. My first demonstration was at Campsfield when I was a student and it was my first contact with the world of refugee law and the way we...

15th June 2014
BY Colin Yeo

Just a note to say that the search engine powering searches on Free Movement has been upgraded. Search results should be improved. Searches for multiple words are ‘AND’ by default but you can override by specifying ‘OR’ instead. There is an ever increasing amount of content, particularly with the new...

15th June 2014
BY Colin Yeo

In a big win for legal aid lawyers and their clients, the High Court has held to be unlawful the refusal of legal aid in six test cases and has additionally held unlawful the guidance applied by the Legal Aid Agency in refusing legal aid: It follows from what I...

13th June 2014
BY Colin Yeo

No, not an amendment to take account of the judgment in O v The Netherlands C‑456/12 (blog post: Surinder Singh immigration route) [ed: who knows how long we will have to wait for that] but one to try to limit the period during which an EU national is considered to...

13th June 2014
BY Colin Yeo

The case of Rodriguez, Mandalia and Patel [2014] EWCA Civ 2 is to be reconsidered by the Supreme Court, this months grants of permission reveals. The case concerns the ‘evidential flexibility’ policy that I think was first publicly revealed here on Free Movement. It is a chance for the Supreme...

12th June 2014
BY Colin Yeo

Last year, in 2013, the Home Office launched its #beatthepeak campaign to warn holidaymakers to apply early for passports. In the space of a year we’ve gone from a social media campaign showing smoothly oiled machines churning out shiny new passports by the second to leaked photos showing the applications...

12th June 2014
BY Colin Yeo

In the fine case of Fetle (Partners: two year requirement) [2014] UKUT 00267 (IAC) the Upper Tribunal holds that the requirement in paragraph 352AA for partners of refugees seeking entry clearance for living together in a relationship akin to either a marriage or a civil partnership which has subsisted for...

11th June 2014
BY Colin Yeo

Link to the Bill home page here for updates and developments.

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11th June 2014
BY Colin Yeo

The Tribunal Procedure (Upper Tribunal) Rules 2008 are to be amended from 30 June 2014 to ensure that one party to proceedings gets notice before the other and indeed is responsible for serving the other party. Because the proceedings are immigration ones involving asylum seekers, the obvious bias in treatment...

11th June 2014
BY Colin Yeo

A new Statement of Changes to the Immigration Rules (HC 198) corrects an earlier botched attempt to change the rules by fiat and remove discredited Educational Testing Services (ETS) as providers of the English language test needed for many modern immigration applications. ETS was the subject of a BBC Panorama...

10th June 2014
BY Colin Yeo

The first of these is a useful short case that came out while I was away called Shen (Paper appeals; proving dishonesty) [2014] UKUT 236 (IAC). It is another example of an applicant with a driving conviction who ticked the ‘no’ box to the question about previous convictions standard on...

10th June 2014
BY Colin Yeo

This post has been contributed by, Vijay Jagadesham, who represented the College in Global Vision College Ltd v SSHD[2014] EWCA Civ 659. Readers would be forgiven for thinking that this question was clearly answered by the Supreme Court in the case of Alvi v SSHD [2012] 1 WLR 2208, and...

6th June 2014
BY Vijay Jagadesham

[Update: May 2014 update CPD course now available for members] Welcome to the May 2014 edition of the Free Movement immigration update podcast. First of all, let me say thank you for listening. There have been nearly 10,000 podcast downloads so far, which is very surprising and encouraging. Do let...

5th June 2014
BY Colin Yeo

Home Office appeals against first instance judge decisions used to be very rare indeed. Some years ago, it apparently became standard practice to seek permission to appeal in some asylum allowed appeals and all or virtually all deportations cases. It now appears to be standard practice for the Home Office...

5th June 2014
BY Colin Yeo

I gave a talk today to the co-ordinators of AVID, the Association of Visitors to Immigration Detainees, and promised to post it up on the blog. Here it is. The group were lovely and I hope the talk was useful. I’ve also been working on notes for myself on parts...

3rd June 2014
BY Colin Yeo

If the use of detention for warehousing persons liable to deportation or removal has become a serious problem, it is in part because of repeated failures by the Home Office to limit the exercise of powers given to it by Parliament to the purpose for which they are intended. Source

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3rd June 2014
BY Colin Yeo

There can be few immigration practitioners who do not presently encounter decisions in relation to applications made on the basis of peoples’ private and family life which do not carry the right of appeal. In recent years the prevailing tendency has become to segregate decisions, where the applicant is an...

2nd June 2014
BY Mark Symes

Full text of the Immigration Act 2014 if you haven’t seen it already. I’ve been away and am catching up.

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2nd June 2014
BY Colin Yeo

Born just before the revolution in 1978, a man known only as DA grew up an orphan in Iran. He understood that his father had been tortured for his political beliefs and he was raised by his older siblings. When the time came for his compulsory military service, he was...

29th May 2014
BY Colin Yeo

A child referred to in court only as “Maya” is six years old. She has Spina Bifida and is very severely disabled. She also has severe learning difficulties and extremely complex needs. For the last five years she has received highly specialised medical treatment and has attended a special school...

27th May 2014
BY Colin Yeo

UPDATE: Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield Chambers (@MansfieldImm) June 20, 2014 The facts of Haleemudeen v Secretary of State for the Home Department [2014] EWCA Civ 558 reveal another of those...

22nd May 2014
BY Colin Yeo

The Civil Legal Aid (Remuneration) (Amendment) (No. 3) Regulations 2014 came into force on 22 April 2014 with the effect that judicial review proceedings commenced on or after that day will not be funded unless: (a) the High Court or Upper Tribunal grants permission; or, (b) permission is neither granted...

19th May 2014
BY Bijan Hoshi

I’m now away for a fortnight, returning on 2 June 2014. I hope to avoid all things work while away but have set up a few blog posts and Tweets to go out in my absence to continue to service your immigration updates and commentary needs.

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16th May 2014
BY Colin Yeo

Official headnote: The requirement to prove the existence of “contracts” in paragraph 41-SD of Appendix A to the immigration rules does not itself require the contracts in question to be contained in documents. There is, however, a need for such contracts to be evidenced in documentary form. The Home Office...

16th May 2014
BY Colin Yeo

The Supreme Court has allowed the Secretary of State’s appeal against the Court of Appeal judgment in the case of R (on the application of Fitzroy George) v Secretary of State for the Home Department [2014] UKSC 28. The Court of Appeal’s judgment was previously covered here on Free Movement....

15th May 2014
BY Colin Yeo

In a new case called NA (UT rule 45: Singh v Belgium) Iran [2014] UKUT 205 (IAC), heard by the President and Dr Storey, the Upper Tribunal has perhaps inadvertently posed a number of problems for practitioners. The issues are all quite distinct, making the case something of a legal...

9th May 2014
BY Colin Yeo

Welcome to the April 2014 edition of the Free Movement immigration update podcast. This month’s update podcast covers some asylum and human rights updates on military service and asylum, the big win for Refugee Action on asylum support levels, an interesting grant of permission by the Court of Appeal on...

8th May 2014
BY Colin Yeo

Welcome to the March 2014 edition of the Free Movement immigration update podcast. This month’s update covers some immigration news updates, a couple of asylum updates, some hefty EU law updates and a few more procedural issues for lawyers. The material is all drawn from the March blog posts on...

2nd May 2014
BY Colin Yeo

Welcome to the February 2014 edition of the Free Movement immigration update podcast. This month’s update covers a range of subjects including some immigration news updates on asylum issues, some legal updates including two recent Supreme Court decisions and, briefly, some practical questions on costs, visit appeals or judicial reviews...

2nd May 2014
BY Colin Yeo

The online CPD training and membership package on Free Movement is nearly ready for a public launch, hopefully next week if the final preparations go well. In advance, I’m making the update podcasts that go with the update CPD courses available to all readers for free. I hope these will...

2nd May 2014
BY Colin Yeo

The team at gov.uk are making definite progress with improving the immigration bits of the website. This latest collection of all the major immigration forms is very handy.

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2nd May 2014
BY Colin Yeo

This jumped out at me from the newspaper the other day: People who may find it difficult to give their best possible evidence in a courtroom environment and all child victims will be considered in the pilot areas. This allows them to give evidence and be cross-examined by both prosecution...

29th April 2014
BY Colin Yeo
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