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The Upper Tribunal has approved a situation where the Home Secretary failed to comply with appeal directions to the point that the First-tier Tribunal ordered that evidence be excluded, and then in response to that sought to withdraw the decision under challenge. The case is Maleci (Non-admission of late evidence)...

5th February 2024
BY Sonia Lenegan

We’re looking for an experienced lawyer to bring their knowledge and flair to our Business Immigration Team. You will be part of a small specialist division with the autonomy to contribute to company decisions and shape future growth. Three years’ direct experience in Skilled Worker, Sponsor Licence and Innovator /...

5th February 2024
BY Free Movement

The short answer is “yes, criminals can be denied refugee status.” There is a moral dimension to the Refugee Convention. But the criminal offence or offending must be particularly serious in nature. The offending or behaviour must be serious in nature because denying refugee status to a person and sending...

2nd February 2024
BY Colin Yeo

The question of who has the duty to provide accommodation where a person has certain needs under the Care Act 2014 has been the subject of recent litigation and appears to have been resolved in the Home Secretary’s favour. In R (TMX) v London Borough of Croydon & Anor [2024]...

2nd February 2024
BY Sonia Lenegan

The Court of Appeal has rejected the Home Office’s appeal in a case involving denial of entry to the UK to the family member of an EEA national on “public policy grounds”, where the person had a low risk of re-offending. The case is Secretary of State for the Home...

1st February 2024
BY Sonia Lenegan

This is the second of my series of articles where I have enlisted the help of my specialist private wealth and tax colleague Emma Read to explain what some of the legal consequences of moving to the UK may be for people, beyond the need to sort their immigration status. People with...

1st February 2024
BY John Vassiliou

In Geddes v Secretary of State for the Home Department [2024] EWHC 66 (Admin) the High Court has said that a pending application to the Supreme Court does not act as an barrier to deportation on the basis that the appeal has not yet been finally determined. Background In 2007,...

31st January 2024
BY Sonia Lenegan

On 7 December 2023, the Government announced changes to the immigration rules relating to visitors with a new statement of changes. In short, the changes have created some flexibility to the permitted work-related activities that visitors can undertake and are primarily aimed at those conducting business in the UK. While...

31st January 2024
BY Zeena Luchowa

A ministerial statement made today has confirmed that there are two statements of changes coming in the next couple of months. The first will remove the ability of care workers to bring dependants, and the second will include the increase to the minimum income requirement for families, among other changes....

30th January 2024
BY Sonia Lenegan

The case of R (Karimi) v Sheffield City Council [2024] EWHC 93 (Admin) is a reminder of the importance of filing skeleton arguments in a timely manner with the court. Mr Justice Fordham KC was considering the issue of permission in an age assessment judicial review against a local authority...

30th January 2024
BY Bilaal Shabbir

Earlier this month we considered a High Court judgment which upheld the Home Office’s decision to revoke a large care home operator’s sponsor licence due to several non-compliance issues. The High Court has now handed down its judgment in Supporting Care Ltd, R (On the Application Of v Secretary of...

29th January 2024
BY Jack Freeland

The High Court has provided helpful guidance in relation to immigration detention powers post Illegal Migration Act 2023 in an interim relief decision on bail. There are two written decisions, these are IS (Bangladesh) v Secretary of State for the Home Department [2023] EWHC 3353 (Admin) and [2023] EWHC 3130...

26th January 2024
BY Francesca Sella

The Court of Justice of the European Union has concluded that women who experience gender-based violence in their country of origin can be regarded as belonging to a ‘particular social group’ and qualify for refugee status. This is as a result of a preliminary reference made to the Court by...

26th January 2024
BY Jasmine Quiller-Doust

The Home Office has introduced some flexibility for some people who are applying late to the EU Settlement Scheme, after the rules were severely tightened in August last year. The new version 22 of the guidance for caseworkers on the EU Settlement Scheme applies to decisions made from 16 January...

25th January 2024
BY Sonia Lenegan

Most Free Movement content is, unsurprisingly, about movement (even if it’s not free these days). But what happens after movement to the UK? Well, two things are certain: death and taxes. Many immigration practitioners, myself included, are blissfully unaware of the numerous other legal consequences that might crop up outside...

25th January 2024
BY John Vassiliou

The Home Secretary has been unlawfully operating a secret policy preventing victims of trafficking from being granted the leave that they were entitled to while their asylum claim was pending. The case is XY v Secretary of State for the Home Department [2024] EWHC 81 (Admin). This article is a...

24th January 2024
BY Sonia Lenegan

Gender-based violence is an umbrella term used to describe crimes including rape, domestic violence, forced marriage and female genital mutilation. Women who are fleeing gender-based violence from their country of origin and enter the UK can seek protection and claim asylum in the UK on this basis. As practitioners who...

23rd January 2024
BY Francesca Sella

“This is a very dark day for many families who will be unable to meet the … new income requirement” commented Sonia on the day the Home Secretary announced that the minimum income requirement for partners under Appendix FM was going to be raised. Her view is shared by many immigration...

22nd January 2024
BY Barry O'Leary

In the case of R (On the Application Of Medical Justice) v Secretary of State for the Home Department [2024] EWHC 38 (Admin), handed down on 12 January 2024, the High Court allowed a judicial review brought by the charity Medical Justice to a Home Office policy of seeking a second medical...

19th January 2024
BY Jed Pennington

Appendix Children was published in October 2023 and consolidates most of the rules for child dependents of parents on points-based immigration routes which were previously spread out across the individual categories. It also covers children applying in their own right in points-based categories that allow for that, such as the...

18th January 2024
BY Alex Piletska

Salary:  up to £35244Hours: Full Time or Part Time Considered Central England Law Centre (CELC) is looking for an Immigration Solicitor/Caseworker to join our friendly Immigration Team. The successful candidate will be compassionate, committed individual who enjoys working within a team and with clients to resolve all their interconnecting legal...

17th January 2024
BY Free Movement

On 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old under Regulation 10A of the Asylum Support Regulations 2000 would be increased in line with the Department of Health and Social Care’s ‘Healthy Start’ scheme....

16th January 2024
BY Aiya Nakash

The Unity Project is recruiting two immigration casework coordinators The Unity Project (TUP) supports people who are facing poverty and homelessness because their immigration status allows them ‘no recourse to public funds’ (NRPF). We believe NRPF should not exist and we are working to end it. In the meantime, we assist people in...

15th January 2024
BY Free Movement

In our December 2023 round up, Colin and Sonia discuss the latest developments with Home Office evictions and withdrawals, as well as the new Rwanda legislation. We also cover the government’s five point plan to reduce net migration as well as the latest case law and Tribunal statistics. If you...

15th January 2024
BY Sonia Lenegan

On 21 December 2023 the Immigration Minister published a letter setting out a concession for people who wish to make an application to the Hong Kong British National (Overseas) route but who are currently in the UK without permission. A formal Ministerial Authorisation under the Equality Act 2010 has also...

12th January 2024
BY Sonia Lenegan

The Immigration (Age Assessments) Regulations 2024 providing for the use of scientific age testing of children have come into force on 10 January 2024. A reminder of the response from the Royal College of Paediatrics and Child Health to these proposals: Evidence shows that using x-rays to determine age can...

11th January 2024
BY Sonia Lenegan

The latest statistics from the Home Office break down the “flow” backlog (i.e. asylum claims made on or after 28 June 2022) into three separate groups. It is important to understand the different ways that they are treated, all of which involve the inadmissibility process in some way. Taking them...

11th January 2024
BY Sonia Lenegan

A “returning resident” is a resident of the United Kingdom with settled status who returns to the country after a lengthy absence abroad. Ordinarily, when a person refers to “returning residents” they might be talking about a temporary resident who leaves for a short time, for example on holiday or...

10th January 2024
BY Colin Yeo

The High Court ruling in Prestwick Care Ltd & Ors v Secretary of State for the Home Department [2023] EWHC 3193 (Admin) has upheld the Home Office’s decision to revoke the sponsor licence of a large care home operator in the North East. The judgment is a harsh reminder that,...

9th January 2024
BY Jack Freeland

With the news that the immigration health surcharge will be going up dramatically, potentially in the next few weeks, it makes sense for people already in the UK or looking to move here soon to look at whether an early application is possible. As a reminder, the increase is from...

8th January 2024
BY Alex Piletska

The Senior President of Tribunals has published his 2023 annual report which includes updates from the Immigration and Asylum Chambers of both the First-tier Tribunal and Upper Tribunal. Apart from reporting on the extensive preparation work that has been required for both the Nationality and Borders Act 2022 and the...

5th January 2024
BY Sonia Lenegan

Need or want to learn immigration law with an OISC Level 1 training course? Planning to sit the OISC level 1 exams? Prefer to learn in a small group? We have the perfect course for you. Our approach to OISC Level 1 training is to offer ‘guided learning’. Trainees study...

4th January 2024
BY Jasmine Quiller-Doust

In Oluponle v Home Office [2023] EWHC 3188 (KB), the claimant was awarded £20,000 for 60 days’ false imprisonment. Several helpful comments were made on various Home Office failings during the detention process. Background The claimant was a Nigerian national who had been caught trying to fly to Ireland using...

4th January 2024
BY Alex Schymyck

In December 2022 the Prime Minister pledged to clear the ‘legacy’ backlog (claims made before 28 June 2022 when certain provisions of the Nationality and Borders Act 2022 were brought into force) by the end of 2023. Yesterday he claimed that this goal had been achieved, despite the government’s statistics...

3rd January 2024
BY Sonia Lenegan

Every year I try to take stock, look back at the year that was and look ahead to the year that will be. I also take a quick look at what’s been going on at Free Movement. There were only two Home Secretaries appointed in the year just gone. That’s...

2nd January 2024
BY Colin Yeo

The Upper Tribunal has held that it is lawful for the Home Secretary to deprive a person of their British citizenship without notice, in this case because of a concern that the second nationality would be renounced. Renunciation would have meant that deprivation of British citizenship would be at risk...

22nd December 2023
BY Sonia Lenegan
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