There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who missed their beloved Free Movement updates here is a brief round up of developments I’ve spotted looking through my emails on my return from holiday....
As most of you know, Renaissance Chambers has developed expertise in conducting Tamil asylum claims. The issues involved in these cases have been previously covered on Free Movement here and these include in particular Chambers’ and the NGOs’ efforts to combat recent charter flights set by the UK Border Agency...
ACCA not a degree says High Court Zane has suggested on Twitter he is appealing but this looks pretty authoritative, at least in cases that were decided before the Supreme Court decision in Alvi. Note that the claimant in this case, Syed, had to argue that non binding ‘policy guidance’...
This post by Frances Meyler and Sarah Woodhouse, Co-Directors of the Liverpool Law Clinic, School of Law and Social Justice, University of Liverpool, examines some of the arguments that might be put forward in an application for an ‘Exceptional Case Determination’. It focuses on articles 6 and 13 of the...
I recently twisted Margaret Phelan’s arm into arranging for me to receive a Kindle copy of the latest (and greatest) edition Phelan and Gillespie’s Immigration Law Handbook, known to all immigration lawyers as the bench book for immigration law. I am well accustomed to thumbing through the hard copy version...
Legal aid work has, paradoxically, always felt like both a duty and a privilege. A duty because the rates of pay are much lower than for private work and, arguably, even artificially depress private rates. The still recent across the board 10% cut in legal aid rates merely exacerbated that...
Immigration detention dehumanises not only the detainee but also every person who deals with it. It is a poison that infects us all. The professionals who deal with detainees and their families develop coping mechanisms. We convince ourselves that detention is necessary, that there is no alternative, that it is...
The High Court has endorsed the controversial approach of the Upper Tribunal towards the new immigration rules on human rights. Mr Justice Sales, drawing on concessions made by the Home Office, has found that the correct approach is a two stage one whereby the rules must first be considered and...
Interesting new case on Chen children and whether income from the lawful employment of their parents can create self sufficiency for the purposes of EU law: Seye (Chen children; employment) [2013] UKUT 178 (IAC). Tribunal suggests that it can, but unlawful employment or s.3C leave employment cannot.
...As we saw yesterday, the topic of English language is de rigueur at the moment. Last week, the UKBA also announced in its April 2013 Statement of Intent that the government is planning changes to the Immigration Rules in relation to the English language requirement when applying for settlement and...
It has been over a year since the High Court heard a challenge to the introduction of pre-entry English language tests for spouses and partners (and fiancés and proposed civil partners). It was argued in Chapti & Ors, R (on the application of) v SSHD & Ors [2011] EWHC 3370...
It looked for a while like banning this blog was all the rage. First there was some discussion on Twitter on which websites are banned within immigration detention centres, then the immigration tribunal presidents had a go as well. What are "prohibited categories" of websites in IRCs if they include...
All appellant advocates appearing before the Immigration and Asylum Chamber of the First-tier Tribunal will be familiar with the growing trend for UK Border Agency Presenting Officers to withdraw decisions either very shortly before or even at the appeal hearing. At Renaissance Chambers we are experiencing this many times every...
A batch of new Upper Tribunal cases have been approved as safe for general consumption by the reporting committee. I posted up three of them yesterday as new short-form ‘link format’ posts with no real commentary, but I wanted to highlight the case of Farquharson (removal – proof of conduct)...
DSG & Others (Afghan Sikhs: departure from CG) Afghanistan [2013] UKUT 148 (IAC) Having done quite a few Afghan Sikh cases myself I can say this looks like a very sensible and pragmatic decision essentially disavowing the rather antiquated existing Country Guidance case on this group. A new CG case...
JL (medical reports-credibility) China [2013] UKUT 145 (IAC) Important read for anyone commissioning, writing or relying on medical reports in asylum cases. Official headnote: (1) Those writing medical reports for use in immigration and asylum appeals should ensure where possible that, before forming their opinions, they study any assessments that...
OO (gay men: risk) Algeria [2013] UKUT 63 (IAC) Official headnote: a) “Sodomy” and “acts against nature with a member of the same sex” are illegal under Penal Code Article 388 and 333 in Algeria and on conviction carry a criminal sentence of up to 3 years imprisonment and/or a...
Two Statements of Changes to bring to your attention, HC1038 and HC1039. On Monday 1 April 2013, HC1038 came into effect and can be viewed here. Far weightier are the changes contained in HC1039 which will be brought into force on Saturday 6 April 2013 HC1039. These can be viewed...
The Court of Appeal in the UK has very recently granted stays preventing the removal of asylum-seekers to Cyprus under Dublin II. The proceedings have been stayed pending the appeal against the judgment in EM (Eritrea) & Ors v SSHD [2012] EWCA Civ 1336. The cases are: – MD (Guinea)...
Like me, readers may have detected some uncertainty from the First-tier and Upper Tribunals about how best to determine claims of former UASCs from Afghanistan in light of EU and others (Afghanistan). In EU the Court of Appeal, Sir Stanley Burnton giving the only substantive judgement, determined the individual claimants’...
I was delighted last week to receive an email from Professor John Fitzpatrick of Kent Law School informing me that AR of WM (DRC) and AR (Afghanistan) [2006] EWCA Civ 1495 (the leading case on fresh asylum claims) fame has been granted a residence permit. Here is how it all...
It was with a mixture of pride and regret that I heard that last week immigration judges were explicitly and specifically instructed not to join the Free Movement forum by the two Presidents of the Immigration and Asylum Chambers. It is nice to know the blog is on the senior...
In the case of Eweida v UK [2013] ECHR 37 the European Court of Human Rights famously dismissed three out of four religious discrimination applications while managing to appear sympathetic to the cause of religious freedom. The case concerned the right to manifest one’s religious views at work. The only claimant...
A big thank you goes to Jane Heybroek of Bell Yard Chambers for persisting with her Freedom of Information request in relation to further documents concerning the Evidential Flexibility policy. You can access the disclosure here. The policy (but not Jane’s FoI instructions) was very recently covered by the Upper...
The Free Movement forum launches today. It is intended to be a private, progressive space in which immigration lawyers, campaigners, academics, students and select others can help one another and discuss any or all immigration, asylum, nationality and human rights law questions and policy. To help create that space, the...
