The Court of Session has refused to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled. Given that the subject matter involved “the most contentious and political...
Welcome to the April 2018 edition of the Free Movement immigration update podcast. This was the month that the Windrush scandal came to a head, so I start by focusing on the fallout from that before looking at an issue that would otherwise have led this update: more law firms...
A Church of England bishop accused of committing crimes against humanity during the Rwandan genocide has won an appeal by the Home Office challenging his right to settle in the UK. The case is Secretary of State for the Home Department v Ruhumuliza [2018] EWCA Civ 1178. The legal points...
Just a few days ago Thomas Beamont wrote on this blog about the Court of Appeal’s decision in Mwesezi v Secretary of State for the Home Department [2018] EWCA Civ 1104 in which the court upheld a decision to deport a foreign criminal. In Secretary of State for the Home...
Today marked a big step in the advancement of the rights of same-sex couples. Following a reference made to the Court of Justice of the European Union (CJEU) by the Romanian Constitutional Court, the CJEU has ruled that “spouses” in Directive 2004/38 include same-sex spouses. The case is C-673/16 Relu...
On 14 February 2018 the Home Affairs committee of MPs published a rather critical report on the Home Office delivery of Brexit, which Nick promptly summarised in a post at the time. The government’s response to the report was published on 25 May. A lot of it is not news,...
In October 2011 the Home Office amended the Immigration Rules to allow immigration applications to be refused where the NHS had notified the Secretary of State of an outstanding debt of £1,000 or more. In early 2017, this figure was reduced to £500, hot on the heels of the Immigration...
In ZN (Afghanistan) and KA (Iraq) [2018] EWCA Civ 1059, the Court of Appeal considered the tricky issue of costs in public law cases, in a scenario where the appeals were withdrawn following consent orders. The main points The judgment is interesting for three reasons: it summarises various authorities on...
The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family life outside the UK. But even if an applicant does pass this test, there is a further hurdle: whether removal is disproportionate. An important question...
Government proposals aimed at stamping out discrimination in British nationality law are welcome but do not go far enough, a parliamentary committee said today. A new report by the Joint Committee on Human Rights argues that discrimination on the grounds of a parent’s gender or marital status will persist in...
Today the Court of Justice of the European Union handed down a decision in the case of C-647/16 Adil Hassan v Prefet du Pas-de-Calais concerning the Dublin III Regulation. The press summary is here. Practitioners will be well aware how intricate and complex the provisions of the Dublin III regulations...
Chelsea Football Club owner Roman Abramovich, whose Tier 1 Investor visa is apparently subject to processing delays, has reportedly been granted Israeli citizenship. The media coverage of the Russian billionaire’s visa woes heavily implies that this is to ensure that he can continue travelling to the UK despite no longer...
Back in January, we wrote about the case of Dr Syed Kazmi, a foreign doctor due to be removed from the UK because of a “HMRC tax issue” disqualifying him from settlement. Since then, many more refusals of settlement applications by highly skilled migrants — declined because of discrepancies between...
For members of the Windrush generation or others with a right to be in the UK but no documents to conclusively prove that, the government’s “hostile environment” policy has vastly upped the stakes. But at the heart of many of the problems faced by members of the Windrush generation lies...
The European Court of Human Rights took a strict approach to non-exhaustion of domestic remedies in the case of Khaksar v United Kingdom (application no. 2654/18), decided last month. The message to potential applicants is clear: all domestic remedies need to be exhausted. That includes applying for permission for judicial...
Buried in the government’s official reply to a recent report of the Home Affairs committee of MPs is the following nugget: We keep all our Immigration Rules under review, and respond to feedback from applicants and other interested parties where appropriate. For example, in January 2018 we implemented re-written rules...
R (Eroje) v Secretary of State for the Home Department [2018] EWHC 1010 (Admin) is a shocking story of Home Office incompetence which led to the unnecessary and unlawful detention of someone who had made repeated attempts to leave the UK voluntarily. Ms Eroje is a Nigerian national and spent...
The Court of Appeal upholding a decision to deport a foreign criminal is hardly front-page news at the moment. But Mwesezi v Secretary of State for the Home Department [2018] EWCA Civ 1104 throws up some interesting reminders about how to approach Strasbourg jurisprudence in this area. The appellant is...
The Home Office has announced a formal application process for victims of the Windrush scandal and other long-term residents to get documents proving their right to live in the UK. The “Windrush Scheme” will go live on 30 May, replacing a helpline that was set up under Amber Rudd. Instead...
The number of people removed from the UK by the Home Office is at its lowest level in well over a decade, new statistics show. Fewer than 7,000 migrants were recorded as leaving the UK under either an enforced or voluntary Home Office scheme in January-March 2018 — the lowest...
A heavyweight Presidential panel sitting in the First-tier Tribunal has made multiple awards of costs against the Home Office for unreasonable behaviour and given guidance on the proper approach to making such awards in future. Despite the decision being promulgated in December 2017, the Upper Tribunal’s Reporting Committee has elected...
A new Practice Statement adds to the list of immigration tribunal powers that can be exercised by members of staff rather than judges. The Senior President of Tribunals, Sir Ernest Ryder, issued the document on 15 May 2018. Colin commented on the last version of this Practice Statement, issued in...
Interesting development on in-country applications. A new service delivered by outsourcing firm Sopra Steria will see supporting information processed at local libraries rather than people having to post it in with their application: Under the new arrangements people using the service will be able to submit biometric information including photos,...
In Her Majesty’s Revenue and Customs v HD (CHB) (Second interim decision) [2018] UKUT 148 (AAC), the Upper Tribunal decided to make a reference to the Court of Justice of the European Union. The question is whether an EU national who was self-employed before pregnancy and childbirth can rely on...
Lawyers are raising funds to reunite child refugees in northern France with family members already in the UK. The Dunkirk Project involves legal help for families split by the English channel in order to help young migrants stuck in Calais and Dunkirk come to the UK to claim asylum. Children...
The case of R (Lauzikas) v Secretary of State for the Home Department [2018] EWHC 1045 (Admin) marks an important development in the law on the detention of European nationals pending deportation. The key finding is that the standards set out in the Free Movement directive, including proportionality and necessity,...
As we reach the end of Mental Health Awareness Week, it seems like a good time to reflect on the impact that the current immigration system can have on the mental health not only of migrants, but also their legal representatives. We regularly hear of people becoming depressed as a...
New updates, commentary and advice on immigration law is added to Free Movement every working day. You can keep up with it in a variety of ways: by visiting the homepage, using the RSS feed, following us on social media (Facebook, Twitter and, coming soon, LinkedIn). The vast majority of...
The ill-treatment of Commonwealth soldiers may no longer make headlines, but scandalously high immigration fees are depriving many of those who have served this country of their right to settle in Britain, writes Vinita Templeton of Duncan Lewis. The new Home Secretary, Sajid Javid, recently announced that the £2,389 fee...
The government’s anti-slavery czar, Kevin Hyland OBE, has resigned and says that his successor must be able to operate independently of government. In a resignation statement, the Independent Anti-Slavery Commissioner said that As the inaugural incumbent in a unique role there have predictably been some learning points for all around...
The Court of Appeal in Youssef v Secretary of State for the Home Department [2018] EWCA Civ 933 has decided that the appellant was disqualified from refugee status because he had incited terrorist acts in general. There was no requirement for there to be a link between his incitement and...
A judicial review aimed at improving the support available to potential victims of human trafficking has failed in the Court of Appeal. The case is R (EM) v Secretary of State for the Home Department [2018] EWCA Civ 1070. The Secretary of State was successfully represented by no less than...
