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The Court of Appeal has dismissed an appeal against the deportation of a mother with a British citizen child, finding that their separation would not be “unduly harsh”. The case is FN (Burundi) v Secretary of State for the Home Department [2023] EWCA Civ 1350. Background The appellant is a...

22nd November 2023
BY Sonia Lenegan

The Court of Appeal has agreed with the High Court and dismissed an appeal on a point of statutory interpretation regarding when the right of abode was acquired through a person’s parent. The case is Indran Murugason, R (on the application of) v Secretary of State for the Home Department...

21st November 2023
BY Sonia Lenegan

The UK is falling significantly short of international labour standards. In fact, the government’s labour migration policy and wider hostile environment actively produces risks of labour exploitation. In 2022, labour exploitation was the most commonly reported form of adult modern slavery cases recorded on the National Referral Mechanism, amounting to...

21st November 2023
BY Peter Wieltschnig

This post reflects on Wednesday’s momentous Supreme Court decision in the Rwanda litigation. You can read Colin’s initial take on the judgment here. The Supreme Court’s decision To recap, the Supreme Court decided that there are substantial grounds for believing that the removal of any asylum seeker to Rwanda under...

20th November 2023
BY Jed Pennington

The Court of Appeal has sent a case back to the Upper Tribunal for reconsideration after a failure to properly consider article 8 and the making of a material error in relation to the appellant’s husband’s nationality. The case is Gurdeep Kaur v Secretary of State for the Home Department...

20th November 2023
BY Sonia Lenegan

£28,302 – £32,549 full time equivalent (FTE) gross per annum Full-time at 37.5 hours per week (1.0 FTE), or part-time at 30 hours per week (0.8 FTE) One year fixed-term contract Member of the UK Legal Team London office with the option to work from home up to three days...

17th November 2023
BY Free Movement

The Court of Appeal has allowed an appeal from the Upper Tribunal (IAC) against the refusal of an asylum claim by an Iraqi man whose claim was partly based on a risk of violence because of his relationship with his girlfriend. The case is ASO (Iraq) v Secretary of State...

17th November 2023
BY Sonia Lenegan

Immigration lawyers tend to have a good grasp of the definition of a refugee. We can confidently recite the “well-founded fear” definition at Article 1(A)(2) of the 1951 UN Convention on the Status of Refugees (the “Refugee Convention”) which, if met, can lead our clients to a grant of refugee status....

16th November 2023
BY Jasmine Quiller-Doust

The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court of Appeal’s judgment has been dismissed. Lord Reed, giving the court’s judgment, emphasised the non-political nature of the court’s role,...

15th November 2023
BY Colin Yeo

About The Connection at St Martin’s When you work for The Connection, you are part of a life-changing team. We help people sleeping rough in the heart of London. It can be a long journey off the streets, and it is not an easy path. We get to know every...

15th November 2023
BY Free Movement

The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent remains abroad. The United Kingdom’s immigration rules effectively presume that a child should remain outside the country with the other parent, unless the parent moving...

15th November 2023
BY Colin Yeo

A new report comes with a stark warning: “As the number of sponsored migrant workers rises every quarter, the issue of migrant labour exploitation is only likely to increase”. Work Rights Centre, a charity that works to support migrants and disadvantaged British residents access employment justice, has today published their...

14th November 2023
BY Sonia Lenegan

The Court of Appeal has dismissed an appeal where it was argued that evidence from an earlier judicial review should not be admitted to proceedings in the First-tier Tribunal due to late disclosure by the Home Office. The case is Kanhirakandan v The Secretary of State for the Home Department...

14th November 2023
BY Sonia Lenegan

She managed longer than 43 days this time. But achieved little if anything more the second time around. Braverman forced the Illegal Migration Act 2023 through Parliament in record time on the basis that it was desperately urgent. Almost all of the legislation has not yet been brought into force....

13th November 2023
BY Colin Yeo

The Home Office has changed the immigration rules and the guidance on making applications to the EU Settlement Scheme, taking a far more restrictive approach to late applications than has been the case previously. The Office of the Immigration Services Commissioner (OISC) has updated its guidance to reflect these changes...

13th November 2023
BY Free Movement

Seraphus, a leading law firm specialising in European citizens’ rights and UK immigration law, is currently seeking a self-motivated and proactive individual to join our team. We are hiring a remote-working Immigration Caseworker or newly qualified Solicitor to contribute to our dynamic and talented team of twelve. This is a...

13th November 2023
BY Free Movement

Britain has a proud history of welcoming refugees. It also has a shameful history of hostility to refugees. Often exactly the same refugees at the same time. As with all real life and real history — as opposed to more transparently ideologically driven accounts — it is a complex story....

10th November 2023
BY Colin Yeo

The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority intervening) [2023] EWCA Civ 1307, meaning that people with pre settled status under Appendix EU are able to access universal credit in circumstances where they...

9th November 2023
BY Sonia Lenegan

Draft regulations have been laid which will add India and Georgia to the list of ‘safe’ countries at section 80AA of the Nationality, Immigration and Asylum Act 2002. The Nationality, Immigration and Asylum Act 2002 (Amendment to List of Safe States) Regulations 2024 need to be voted through by both...

9th November 2023
BY Sonia Lenegan

We have a vacancy at Settled for a Senior Immigration Adviser – Salary £33,250 per annum. The details are on the Charity Job website and applicants should apply here: https://www.charityjob.co.uk/jobs/settled/senior-immigration-adviser-scotland-wales-/936936?tsId=36 This is a new position funded by the Scottish and Welsh Governments, to increase the availability of free, high quality, expert...

9th November 2023
BY Free Movement

Permission has been granted in a judicial review case where an Albanian man claiming asylum had his claim certified on the basis that he was from a ‘safe country’, meaning that he was not allowed to appeal. There was also an unlawful detention claim. The case is R (H) v...

9th November 2023
BY Sonia Lenegan

An Iranian refugee who, according to MI5, holds an Islamist extremist mindset and is supportive of ISIL (Islamic State of Iraq and the Levant), has won his appeal against revocation of his refugee status. If the Home Office decides to revoke a person’s refugee status, there is a right of...

8th November 2023
BY Iain Halliday

We are looking to recruit more specialist freelance contributors to Free Movement. If you can write fluently, you are interested in being read by a wide audience and you are fascinated by immigration law and practice then have a think about joining our small team of contributors. Free Movement is a platform...

7th November 2023
BY Sonia Lenegan

The UK government is limiting evacuations from Gaza to British citizens only, forcing families to separate if any of them are to be safe, leaving others in extremely dangerous circumstances. It has been one month since the war started, and Israel’s heavy bombardment of Gaza has intensified during this time....

7th November 2023
BY Pip Hague

On 27 September 2023 the Solicitors Regulation Authority published a “warning notice” for solicitors carrying out immigration work, causing some alarm within the sector. Specifically, concerns were raised about the SRA stating that solicitors should be taking steps to authenticate a client’s account and evidence, without any further explanation of...

6th November 2023
BY Sonia Lenegan

The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor [2021] UKSC 7 on how deprivation decisions should be made is not limited to cases involving national security, it also applies where a person has...

3rd November 2023
BY Iain Halliday

As anticipated, the latest published trafficking statistics covering July to September 2023 show a substantial reversal in the number of refusals at reasonable grounds stage, although these are still far higher than before the Nationality and Borders Act 2022. How does the modern slavery protection process work? Firstly, a potential...

2nd November 2023
BY Sonia Lenegan

South West London Law Centres are recruiting a level 2 IAAS accredited caseworker/solicitor Salary up to £36,377 per annum depending on experience. Hours – Full Time or Part Time Considered South West London Law Centres (SWLLC) is recruiting a new solicitor/caseworker posts to permanent positions expanding our highly respected and...

2nd November 2023
BY Free Movement

The Court of Appeal has reiterated the process that should be followed in article 3 medical treatment cases in relation to the shifting burden of proof, as set out in AM (Zimbabwe) v SSHD [2020] UKSC 17 and in the headnote to the Upper Tribunal’s consideration of the case. This case...

2nd November 2023
BY Sonia Lenegan

The Home Office has explained in newly published guidance ‘Asylum decision-making prioritisation‘ how they will decide the order for decision making of asylum claims. This provides some much-needed clarity to the process. As anyone working in the sector can tell you, there is no fixed timeframe for an asylum claim...

1st November 2023
BY Katherine Soroya

The High Court has issued a damning judgment lamenting the Home Secretary’s attempt to defend a decision to place a highly vulnerable person seeking asylum in accommodation in Swindon, where he could not access his support network in London. The case is R (NS) v Secretary of State for the...

31st October 2023
BY Gabriel Tan

The House of Lords’ Secondary Legislation Scrutiny Committee has published a report criticising the Home Office on two fronts. This is in relation to Draft Immigration (Age Assessments) Regulations 2023 and linked Draft Justification Decision (Scientific Age Imaging) Regulations 2023, and the Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations...

30th October 2023
BY Sonia Lenegan

In this podcast, Jamila Duncan-Bosu of the Anti-Trafficking and Labour Exploitation Unit discusses how the seasonal agricultural workers scheme facilitates exploitation, the barriers to people raising complaints about their treatment, and what the government can and should be doing about it. Last week, the Bureau of Investigative Journalism and the...

30th October 2023
BY Sonia Lenegan

Contract: Permanent ​Hours: 35 hours or 42 hours per week if a job share between a doctor (21 hours) and solicitor/barrister (21 hours) Location: Any centre: London, Manchester, Birmingham, Glasgow, Newcastle, Starting Salary: London – £60,862 – £70,600 per annum (including London Weighting) Outside London – £57,185 – £66,335 per annum  Closing Date: 15 November 2023 […] ...

30th October 2023
BY Free Movement

The immigration rules allow people to apply to remain in the UK on the basis of long residence. Those here lawfully can apply for indefinite leave to remain following 10 years’ continuous lawful residence in the UK. Those who had periods of overstaying can apply for limited leave to remain...

27th October 2023
BY Colin Yeo

Danielle Cohen Immigration Law Solicitors Limited are looking to hire Consultant Solicitors. We are a niche firm specialising in immigration law and human rights. We are a small team based in the heart of Camden Town. We are dedicated to support experienced lawyers to continue their careers as Consultant Solicitors....

27th October 2023
BY Free Movement
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