Tribunals that decide whether someone is entitled to benefits often have to grapple with our nightmarish immigration law. HK v SSWP (PC) [2020] UKUT 73 (AAC) is one such case from the Administrative Appeals Chamber. It effectively confirms that a British citizen who returns to the UK with family members...
The Home Office has published some guidance on helping children in care apply for post-Brexit immigration status through the EU Settlement Scheme. It reminds social workers that they must either apply on the child’s behalf, or help older children do it themselves, where the child is the subject of a...
The Court of Appeal has rejected an appeal by Turkish business owners challenging a reduction in their settlement rights. The case is R (Alliance of Turkish Business People Ltd) v Secretary of State for the Home Department [2020] EWCA Civ 553. Self-employed Turkish business people used to be entitled to...
In the case of AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 the Supreme Court has widened the protection available to seriously ill migrants facing deportation from the UK and subsequent death for want of medical treatment. The judgment opens by noting that the case...
Sometimes a migrant here in the UK unlawfully will want to apply for immigration status. Lawyers and the Home Office often call this “regularising” their status, because the person becomes a “regular” migrant within the rules rather than an “irregular” one outside the rules. One of the ways to do...
The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory on the ground of nationality. The case is Fratila and Tanase v SSWP [2020] EWHC 998 (Admin). Mr Justice Swift found that although the Social...
David Bolt, the Independent Chief Inspector of Borders and Immigration, has published his first report into the operation of the Adults at Risk policy. It makes fascinating reading for anyone involved in helping vulnerable adults secure release from detention. The report is balanced and objective, but also highly critical of...
More on the mysterious legal power that the Home Secretary claims to have to grant automatic visa extensions to foreign NHS workers. Asked about the legal basis for automatic extensions by MPs on the Home Affairs Committee this morning, Priti Patel said: Of course, as Home Secretary, I’m able to...
The Home Office response to the coronavirus crisis has been hesitant at best. To the credit of the department, it has on the whole acted to protect its own staff and the staff of some of its major contractors, albeit sometimes belatedly. Basic steps to reduce immediate contagion risk were...
Last month’s High Court ruling on coronavirus and immigration detention is now available: R (Detention Action & Anor) v Secretary of State for the Home Department [2020] EWHC 732 (Admin). Detention Action, a charity, launched a judicial review on 18 March to try to get everyone in immigration detention released...
In R (Habte) v Secretary of State for the Home Department [2020] EWHC 967 (Admin), the High Court has decided that conducting a substantive asylum interview does not amount to assuming responsibility for the asylum claim under Article 17(1) of the Dublin Regulation. The situation arose because the Home Office,...
Last year, in the important case of Balajigari [2019] EWCA Civ 673, the Court of Appeal ruled that, before refusing a settlement application on the basis that the person applying has been dishonest, the Home Office must: Let the applicant know that they are minded to refuse, and allow them...
What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family members? Most immigration lawyers can easily answer this question: your application will be refused. But things can get a bit more complicated. While it is...
Two important (but completely different) points arise from the Upper Tribunal’s decision in MH (review; slip rule; church witnesses) Iran [2020] UKUT 125 (IAC), one concerning religious conversion cases and the other concerning clerical errors in a written decision. “Expert” evidence on religious conversion The first is quite a significant...
This week, the courts have once again found that the government’s Right to Rent checks – which require landlords to verify the immigration status of their tenants – cause discrimination on the grounds of race and nationality where it would not otherwise occur. In line with the conclusion of the...
In R (Samson Bello) v Secretary of State for the Home Department [2020] EWHC 950 (Admin), the High Court has refused to release a man at high risk of COVID-19 complications from immigration detention. Instead, Mr Justice Chamberlain ordered a rolled-up hearing to take place on 29 April 2020 [corrected:...
The Upper Tribunal has reprimanded an immigration judge for granting an adjournment during the cross-examination of an appellant. In WA (Role and duties of judge) Egypt [2020] UKUT 127 (IAC), the President and Vice President of the Upper Tribunal provide guidance on how tribunal judges should manage hearings: During the...
The government has won its appeal against last year’s High Court decision that the Right to Rent policy is unlawful. The case is Secretary of State for the Home Department v R (Joint Council for The Welfare of Immigrants) [2020] EWCA Civ 542. In March 2019, Mr Justice Martin Spencer...
The government’s furlough scheme went live today, 20 April 2020. Under what is officially known as the Coronavirus Job Retention Scheme, the state will pay 80% of staff wage costs (up to £2,500 a month) so long as employers keep people on the books rather than making them outright redundant....
We have written often on Free Movement about the meaning of the term “unduly harsh“. It is the test which people facing deportation must meet where arguing that their separation from a partner or child would amount to a breach of their human rights. As confirmed by the Supreme Court...
Welcome to episode 75 of the Free Movement immigration update podcast. This month we are covering March and there’s a lot to go over. We’ve got some EU law material, some fairly involved appeals law stuff on when a human rights claim generates a right or appeal or not, we’ll...
There is no way of telling how many EU citizens will be left living illegally in the UK because of Brexit, a new report has concluded. The Migration Observatory at the University of Oxford says that the government doesn’t collect or release the data needed to work out how many...
The Court of Appeal has returned to the legal issues arising from the closure of the Calais refugee camp in September 2016 and section 67 of the Immigration Act 2016, which forced the Home Office to develop a process for admitting unaccompanied children from the camp into the United Kingdom....
The vexed issue of reasonableness, removals and children is back in the judicial spotlight once more in a new Court of Appeal ruling, Runa v Secretary of State for the Home Department [2020] EWCA Civ 514. The case involved an appeal against a refusal to grant Ms Runa, an overstayer,...
Under the new immigration system planned to kick in from January 2021, the minimum skill level needed to be sponsored for a general work visa will be reduced from RQF level 6 to RQF level 3. This means that jobs which are considered to be A-level standard can be sponsored,...
What a moment for the Home Office to update its guidance on the new immigration system to reiterate: There will not be an immigration route specifically for those who do not meet the skills or salary threshold for the skilled worker route. Basically, in the midst of the COVID-19 crisis,...
D, P and K v Lord Chancellor [2020] EWHC 736 (Admin) is a rare example of the High Court making a costs order against a lower tribunal. The context is a dispute between a well-known immigration law firm, Duncan Lewis, and the President of the First-tier Tribunal, Michael Clements. President...
In countless Home Office decisions, and in judgments at all levels of the courts system, separation of family members for immigration reasons is – at least in part – justified by the availability of “modern means of communication”. It is a phrase that has become almost invisible to immigration practitioners,...
The Senior President of Tribunals has issued a new Practice Statement on the powers of lawyers who work directly for the Upper Tribunal. The document replaces an older version from December 2013. The new one “widens the functions delegated to UTIAC lawyers and amends the definition of ‘legally qualified’”. The...
The Upper Tribunal has again considered section 104 of the Nationality, Immigration and Asylum Act 2002. Following on from the case of MSU, which I wrote about here, we have Aziz (NIAA 2002 s 104(4A): abandonment) [2020] UKUT 84 (IAC). The official headnote reads: Where a person brings an appeal...
In Asady and Others v Slovakia (application no. 24917/15) the European Court of Human Rights has delivered another judgment that will gratify governments seeking to use summary removal to get rid of asylum seekers. The decision continues the court’s retreat over the interpretation of Article 4 of the Fourth Protocol...
A leading migrants’ rights charity says that it will close “in the next few months” unless an emergency fundraising appeal succeeds. Consonant, the newish name for what was Asylum Aid and the Migrants Resource Centre, says that it is facing a “serious financial crisis”. In an email to supporters, the...
Arshad Bano’s appeal for leave to remain in the UK on human rights grounds was listed for 13 December 2018, with documents to be submitted no later than five days in advance. She provided a statement on 10 December, a couple of days late. In response, the Home Office sought...
This was the question answered by the Upper Tribunal in R (Bajracharya) v Secretary of State for the Home Department (para. 34 – variation – validity) [2019] UKUT 417 (IAC). Mr Bajracharya made an application to remain in the UK on the basis of his private and family life. He...
No sooner is the last batch of immigration judges through the door than the authorities are seeking to recruit more. Around 40 new judges were named to the immigration and asylum chamber of the First-tier Tribunal over the last few months, but the Judicial Appointments Commission is now seeking another...
Barristers working in the immigration tribunal say that emergency measures to keep hearings going are “unworkable”. Members of the immigration bar have written to First-tier Tribunal President Michael Clements to express deep concern about the arrangements for hearing immigration cases during the coronavirus pandemic. They point out that barristers submitting...
R (SB (Ghana)) v Secretary of State for the Home Department & Anor [2020] EWHC 668 (Admin) is a successful unlawful detention claim in which the High Court was prepared to find a breach of the Hardial Singh principles notwithstanding the claimant’s extremely serious offending history. It is primarily interesting...
