In 2011, the landmark case of MSS v Belgium and Greece concluded that conditions in Greece were so dire, asylum seekers’ human rights would be breached if returned. Removals to Greece under the Dublin III Regulation were suspended as a result. Though conditions in Greece remain critical, in December 2016...
When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when the appeal comes to an end? The person themselves, the tribunal, or the Home Office? In July 2017, Mr Justice McCloskey, President of the Upper...
A recent change in the Home Office’s good character policy for citizenship applications is set to have a significant impact on people with a history of overstaying. The department expressly states for the first time that any overstaying in the last ten years will see an application for British citizenship...
The Court of Appeal has handed down a blockbuster judgment on the highly controversial use of paragraph 322(5) of the Immigration Rules to refuse settlement to migrants over alleged tax discrepancies. It says that the Home Office’s stance in these cases is “legally flawed” and needs a major overhaul to...
The Upper Tribunal has handed down two cases with guidance on a range of issues relating to the automatic deportation regime. In both cases the appellants sought to rely on statements from the Supreme Court in KO (Nigeria) and Others v Secretary of State for the Home Department [2018] UKSC 53,...
On 11 February 2003, a Turkish man who had been refused asylum in the UK staged a protest at Manchester Airport, burning immigration papers before dousing himself, his wife and their daughter with petrol and threatening to light a match. Thankfully, the self-immolation was prevented. The Home Office made a...
Government guidance asserts that an asylum claim based on a blood feud in Albania is likely to be certifiable as clearly unfounded under section 94 of the Nationality, Immigration and Asylum Act 2002. In my view, this is fundamentally misconceived. Certification under section 94 is a draconian measure which deprives...
The immigration tribunal has, once again, grappled with the public interest considerations which must be taken into account in all private and family life appeals against a migrant’s removal from the UK. It is now clear that, even where a child’s departure from the UK is unlikely to take place,...
The European Court of Human Rights has held that the extradition to Iran of a man accused of theft would breach Article 3 of the human rights convention despite the Iranian authorities providing an assurance that he would not be tortured. In GS v Bulgaria (application no. 36538/17) the Strasbourg...
The Upper Tribunal has referred an immigration adviser to the Office of the Immigration Services Commissioner (OISC), accusing him of running judicial review cases without a licence and failing to properly check expert reports. The case is R (Hoxha & Ors) v Secretary of State for the Home Department (representatives:...
An East London immigration lawyer has been struck off after being caught on camera advising a client about a sham marriage. The Solicitors Disciplinary Tribunal imposed its ultimate sanction on Zulfiqar Ali, who practised as ZA Solicitors in Stratford. Ali was one of several immigration lawyers recorded advising an undercover...
An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580. On the facts, it is surprising that the Secretary of State...
Welcome to the March 2019 edition of the Free Movement immigration update podcast. This month we start with a couple of High Court victories by NGOs before turning to some significant developments in business immigration. There’s also been some movement in asylum law which we’ll review before looking at some...
The Court of Appeal has transplanted the test for admitting new evidence in private law appeals into immigration law. Ullah v Secretary of State for the Home Department [2019] EWCA Civ 550 is about when the Home Office is allowed to ignore an appeal judgment because it has discovered new...
From 29 March 2019 the government’s new ‘start-up’ visa finally opened for new applicants. Announced last June, the visa is intended as a replacement to the Tier 1 (Graduate Entrepreneur) route but carries with it the expectation that it will, as Sajid Javid declared at the time, ensure that the...
Last week the Home Office announced the establishment of its compensation scheme for those affected by the Windrush scandal (the Scheme). We have published a briefing on how the Scheme will work, who is entitled to compensation, and the key documents involved. There are a number of issues in the...
A rough sleeper from Poland has obtained extra damages for unlawful detention because he went on hunger strike in detention. Holownia v Secretary of State for the Home Department [2019] EWHC 794 (Admin) is about the appropriate level of damages for EEA nationals who were homeless and automatically assumed to...
The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA...
The immigration inspector has criticised the Home Office for its delay in updating its policy on refusing British citizenship to children because they are not of “good character”. David Bolt’s report, published on 4 April 2019 along with two others, also shows that the department is not taking seriously its...
The Home Office has said that it expects to grant fewer visas to overseas entrepreneurs under the new innovator and start-up routes than under the schemes they replace. An official from the Economic Migration Policy Team admits that the department is “not seeking to replicate” the number of visas granted...
R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) contains a practical tip to help rescue a sponsor licence from suspension or revocation. Charles Bourne QC, sitting as a deputy High Court judge, explains that receipt of a suspension letter presents a...
Consistently the most popular article on Free Movement, somewhat depressingly, is the list of immigration and nationality fees. The fees charged by the Home Office for processing visa, settlement and nationality applications are high, set far above the actual administrative cost to the department. Fees constitute a significant source of...
The Home Office’s new innovator visa went live, in terms of being incorporated into the Immigration Rules, on 29 March 2019. Unfortunately, almost a week on and it’s still anything but live for those hoping to make an application. CJ has been looking into the role of the organisations approved...
The government’s flagship new visa for overseas entrepreneurs is facing early problems as it emerges that few of the organisations required to endorse applicants are prepared to do so. Most of the official endorsing bodies for the newly launched innovator visa have told Free Movement that they are either unable...
In Munday (EEA decision: grounds of appeal) [2019] UKUT 91 (IAC) the tribunal has reiterated that in appeals against EU residence decisions, the appellant cannot rely on human rights arguments, only on EU law arguments. The official headnote: 1. In an appeal against an EEA decision under the Immigration (EEA)...
In the new country guidance case of BF (Tirana – gay men) Albania (CG) [2019] UKUT 93 (IAC) the Upper Tribunal has found that there may well be a risk of persecution for gay men from Albania outside the capital, Tirana, but that they can nevertheless in general reasonably and...
I mentioned on Friday the rumours that there would be no detailed guidance on the new Appendix W, which contains the criteria for getting an innovator or start-up visa. Practitioners may be happy to know that we were wrong about that: there are now 32 pages of guidance on start-up...
The new innovator and start-up visas went live today. They replace the Tier 1 (Entrepreneur) route which is now closed to new applicants, and the Tier 1 (Graduate Entrepreneur) route which will close from 6 July. All applicants for these visas must now have the endorsement of an organisation certifying...
The High Court has rejected a challenge to the £1 an hour pay rate for immigration detainees. Morita v Secretary of State for the Home Department [2019] EWHC 758 (Admin) is the culmination of a longstanding battle between Duncan Lewis and the Home Office about payment for immigration detainees who...
Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous post. The case has now gone from the Supreme Court to the Court of Justice of the European Union, which has held that although...
The Home Office has announced that seven Service and Support Centres are now open to cater for particularly complex immigration cases. Appointments are free, and “experienced UKVI staff will provide a face to face service and help people throughout their application”. The centres are located in Belfast, Cardiff, Croydon, Glasgow,...
