A special free edition of the journal Judicial Review, published by Hart, also publishers of Michael ‘Avocado of Justice‘ Fordham’s brilliant Judicial Review Handbook. The special edition focusses on the proposed legal aid changes, an announcement on which is expected soon.
...It is finally almost upon us: the transfer of judicial review claims from the High Court to the Upper Tribunal will take place on 1 November 2013. In addition, applications for permission lodged after 9 September 2013, including those where permission has been refused on the papers and oral renewal...
Really useful and concise best practice guide for country experts in asylum and immigration cases in the United Kingdom by Anthony Good and Tobias Kelly. Immigration lawyers would be well advised routinely to provide this to their experts. It covers the legal framework including the practice direction on expert evidence,...
On Wednesday evening, a group of activists, lawyers and campaigners gathered in East London to discuss the Government’s ‘Go Home’ campaign and to demonstrate their solidarity with immigrant and refugee communities. The event was attended by Garden Court’s Marketing Assistant, Amy Carrington.
...The legal action initiated by David Miranda through UK solicitors Bindmans brings into sharp focus an issue that has been troubling me since the Snowden revelations began: how can a lawyer acting against government be sure that privileged communications with his or her client are not being read by that...
Zambrano cases for admission to the UK finally seem to be filtering through to the Upper Tribunal. In MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC) there are two linked appeals, both involving a child resident in the UK with one parent where the other...
The tribunal isn’t bound by a NOMS risk assessment report when it isn’t high risk. But is bound when it is high risk. Also the tribunal comes down like a tonne of bricks on a claimant’s representative who failed to comply with procedure rules and directions. We are, I think,...
Kent Martin is a regular and long time Free Movement reader and sent this in for the blog. I thought it made an interesting contrast to the absence of positive media coverage in this country. I’m an Australian/Brit who has spent over a decade in both countries and have been...
Don’t let this one slip by unnoticed: Wang & Chin (Extension of time for appealing) [2013] UKUT 00343 (IAC) Colin recently alerted readers by way of a short post to the recently promulgated determination in Wang & Chin. If you have not done so already, I strongly recommend you read...
Refugees fleeing persecution in their home country cannot afford to be scrupulous about the means by which they reach sanctuary in another country. This truism was recognised by the drafters of the Refugee Convention: Article 31 affords refugees protection from prosecution for unlawful entry to a sanctuary state providing certain...
Comes into force today. Clarifies that Tier 4 students on post graduate courses of 12 months or longer can sponsor family member dependants. TB screening introduced for those entering from Mauritania for over 6 months and TB screening only required for those entering for settlement from China, Hong Kong and...
Many years before his appointment to the Supreme Court, Jonathan Sumption remarked that “most law is only common sense with knobs on… everyone knows what the answer is likely to be”. He clearly wasn’t talking about European Union law. After years of being fed on mantras of a single market...
My client today applied for a spouse visa in May 2012. A refusal was eventually issued in November 2012. The appeal took place today, 14 months after the application and 8 months after the refusal. The hearing took 20 minutes and it was allowed there and then by the judge....
The London-based research group Corporate Watch has just published a 20-page briefing examining the lawfulness the UK’s mass deportation charter flights. Part of a forthcoming report by Corporate Watch and the campaign group Stop Deportations, it aims to provide campaigners and legal practitioners with some arguments and tools with which...
I recently suggested that the new name for the Immigration and Nationality Directorate Border and Immigration Agency UK Border Agency remains unknown. That is not really true, it turns out, and we are not expected to carry on treating it as the bureaucratic equivalent of The Scottish Play. It is...
There has been a significant decision in the Inner House of the Court of Session – the Scottish equivalent to the Court of Appeal – on the Home Office’s use of language analysis for the determination of origin, or ‘LADO’. The decision allowing the two conjoined appeals both by a...
The Supreme Court has held the Points Based System’s sponsor licensing scheme is lawful. As Nicola Carter observes, sponsors may be disappointed with the result in R (New London College Ltd) v Secretary of State for the Home Department [2013] UKSC 51 but it at least provides welcome clarity for...
Following an oral renewal hearing on permission, our colleague Ripon Akther, instructed by Waleed Hassan of Malik and Malik, and their client were granted permission by His Honour Judge Thornton QC in the Legacy case of R (on the application of Prenga) v SSHD [2013] EWHC 1981 (Admin).
...Last week Monday, I represented a married couple in the husband’s immigration appeal in the First-Tier Tribunal instructed by Yomi Oni-Williams of Owens Solicitors. I have the couple’s consent to write this post although there is no need for me to publish any identifying information.
...In the case of Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 the Court of Appeal has overturned the Upper tribunal’s earlier judgment in Khatel and others (s85A; effect of continuing application) [2013] UKUT 44 (IAC). The outcome is a further setback to...
