The prisons inspector has recommended a national overhaul of the short-term detention system after an inspection of the Home Office’s 13 short-term holding facilities (STHFs). The report by the Chief Inspector of Prisons paints a picture of mismanagement and lack of governance on the part of Border Force, the agency...
Fair play to the litigants and their lay representative for their perseverance in the Scottish appeal case of Saleemi [2020] CSIH 32. Their tenacity is remarkable: the Home Office refused their applications for leave to remain, the First-tier Tribunal refused their appeals, the Upper Tribunal refused to grant permission to appeal,...
Please help us at JCWI understand if the Supreme Court judgment in MM (Lebanon) has made any difference on the ground. The Minimum Income Requirement (the income threshold that British citizens and settled residents have to meet in order to sponsor a partner from outside the European Economic Area) continues...
The Home Secretary has said that she will be accepting the Windrush Lessons Learned Review “in full”. The report by senior police inspector Wendy Williams, published in March 2020, contains 30 recommendations calling for root and branch reform at the Home Office. Speaking to the House of Commons on 23...
A solicitor whose well-respected immigration firm collapsed in 2018 has been fined £15,000 after admitting to breaches of accounting rules. Lawrence Lupin accepted responsibility for six breaches of the rules on financial and practice management, including unpaid interpreter invoices and having a shortfall on the client account. The Solicitors Regulation...
In the case of Merca v SSHD [2020] EWHC 1479 (Admin) the High Court ordered the Home Office to release the claimant within four days. One week and two extension of time requests later, the Home Office has now complied with that order. Mr Merca, detained since December 2019, had...
In the case of C‑754/18 Ryanair the Court of Justice of the European Union has concluded that a non-EU national who holds a permanent residence card from one EU state, is under EU law, exempt from any domestic law requirement to hold a visa to enter another EU state. The...
BH (policies/information: SoS’s duties) Iraq [2020] UKUT 189 (IAC) was the case of an Iraqi Kurd, heard by the Upper Tribunal sitting in Edinburgh. The issue was whether the First-tier Tribunal judge had erred in law because he had not considered the case of AAH (Iraqi Kurds – internal relocation)...
That is the question answered by the Upper Tribunal in SC (paras A398 – 339D: ‘foreign criminal’: procedure) Albania [2020] UKUT 187 (IAC). The appellant was convicted of murder and sentenced to 15 years’ imprisonment. So he is, by any reasonable definition, a criminal. He is a citizen of Albania...
When the government announced on 21 May 2020 that NHS and social care workers would be made exempt from the Immigration Health Surcharge, some immigration lawyers pointed out that a political announcement is one thing, legal implementation quite another. Nichola reminded us that “history has shown that the pressure needs...
The government has no way of knowing whether its flagship “hostile environment” policy on unauthorised migrants is working, the National Audit Office has found. In a report published today, the NAO says that the Home Office is “currently unable to assess” whether hostile environment measures “have any meaningful impact on...
In A (A Child) (Rev 1) [2020] EWCA Civ 731 the Court of Appeal has confirmed that decisions of the First-tier Tribunal are not the “starting point” when a family court is considering whether to make a protection order under the Female Genital Mutilation Act 2003. The Home Office had...
The Windrush scandal first made headlines in 2018, but the Home Office is now facing intensified public scrutiny over its role in mistakes that caused profound suffering for so many members of the Windrush generation. Calls for accountability have gained renewed urgency in the context of the Black Lives Matter...
Reading judgments from the Upper Tribunal on the EEA Regulations often feels like going back in time. A lot of the recent case law has clarified points of law in favour of migrants but almost all have come far too late to be useful. The latest case of Chowdhury (Extended...
In SA v The Netherlands (application no. 49773/15), the European Court of Human Rights has issued a judgment which should concern those representing Sudanese asylum seekers. It is not a Grand Chamber decision and the main point of contention was the credibility of the applicant, but nonetheless it suggests that...
“The Home Office must clarify the legal basis for the offers of visa extensions”, says the Home Affairs committee of MPs in a coronavirus report published today. The committee points out that there is considerable uncertainty about whether the department has the legal power to offer coronavirus visa extensions in...
This deceptively simple question was the subject of the Court of Appeal’s decision in the three joined cases reported as Mahmood v Upper Tribunal (Immigration & Asylum Chamber) & Ors [2020] EWCA Civ 717. Sending a picture of your penis to a 15-year-old girl and causing her to send an...
The number of immigration appeals decided by the First-tier Tribunal has fallen almost 70% over the past decade, new Home Office statistics show. The ten years since the tribunal was set up, replacing the old Immigration Appeals tribunal, has seen the number of cases fall from over 160,000 in its...
The killing of George Floyd by Minneapolis police officers has shone a light on the ongoing difference in the treatment of black and white citizens in the United States. It is right and proper to think also about racism here in the United Kingdom. As an immigration lawyer, I see...
If you’ve been struggling to keep up with the avalanche of immigration news and Home Office U-turns since lockdown began, you’re not alone. I’ve thrown together this immigration track and trace post to catalogue the major immigration law events of the pandemic so far, which includes some concessions that were...
Chucking people out of a country they were born in is hard. It usually takes something pretty dramatic or pretty terrible — or both, as in the case of Azerkane v The Netherlands (application no. 3138/16). The facts Mr Azerkane was born in the Netherlands to Moroccan parents. His parents...
Welcome to episode 77 of the Free Movement immigration update podcast. This month we cover a number of positive court decisions on Article 3, no recourse to public funds and immigration fees. We then mention the main coronavirus updates before turning to a few bits and pieces from EU law...
With statistical assistance and input by George Symes. A person whose immigration application to the Home Office has been refused sometimes has a right of appeal. Prior to the Covid-19 pandemic, people essentially had a choice. Their appeal could be heard in person, at court, in front of a judge...
A solicitor caught on camera advising an undercover reporter about a sham marriage has failed in a High Court bid to overturn his subsequent ban from the profession. The case is Naqvi v Solicitors Regulation Authority [2020] EWHC 1394 (Admin). Syed Mazaher Naqvi was struck off last year for professional...
Lawyers have uncovered internal Home Office guidance on detaining vulnerable migrants. Duncan Lewis Solicitors and Garden Court Chambers secured the previously unpublished documents, which discuss how the Adults at Risk policy should be interpreted and applied, via a hard-fought Freedom of Information request. The gist of the guidance is that...
The European Court of Human Rights has declined an invitation to extend the jurisdiction of the Convention to cover applications made for a visa to enter a given country and claim asylum. In M.N. and Others v. Belgium (application no. 3599/18), the Strasbourg court ruled that an application brought by...
Asylos and ARC Foundation recently released a new report, Vietnam: Returned victims of trafficking, about the risks of re-trafficking, state protection and internal relocation for Vietnamese victims of trafficking returned from the UK. The report provides key new evidence which needs to be considered by Home Office decision-makers and tribunal...
The EU Settlement Scheme promised convenience and efficiency for those required to secure their immigration status in the UK after Brexit. Yet statistics retrieved from the Home Office indicate that at least 36,000 applications had faced delays of over three months by October 2019. In this post, we explore what...
New research by Bail for Immigration Detainees (BID) on detention during the pandemic “lays bare a catalogue of failings”, the charity says. With the authorities insisting on keeping detention centres open despite health concerns, BID has been working on individual immigration bail applications. It represented 55 people between 23 March...
Revised Home Office guidance should make it easier for migrants with family visas to claim benefits if necessary. The change follows a recent High Court decision which John has explained in some detail, along with the wider context of no recourse to public funds (NRPF). As of today, the updated...
Furious legal aid lawyers have taken their dispute with the Ministry of Justice to the next level with a judicial review aimed at reversing forthcoming changes. Duncan Lewis Solicitors have sent a letter before action challenging the payment structure for remote immigration appeals during the pandemic. A new system for...
