In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to assess the sexual identity of an asylum seeker. I personally find the fact that this issue went to...
In the midst of an “NHS crisis”, with two in three hospitals said to have a shortage of doctors, immigration laws appear to be making the situation worse. Last week iNews reported that dozens of medics with offers to work in the NHS had their visa applications refused. Even more...
One of the fundamental principles of the rule of law is that the law “must be accessible and so far as possible intelligible, clear and predictable” (Tom Bingham, The Rule of Law, 2010). The reasons for this should be self evident. Just as it is impossible to play a sport...
A challenge to the lawfulness of immigration detention in R (Shote) v Secretary of State for the Home Department [2018] EWHC 87 (Admin), decided today, was unsuccessful. But Michael Fordham QC, sitting as a Deputy High Court judge, declined to make a costs order against the claimant: My reason for...
In A v Switzerland (application no. 60342/16), the European Court of Human Rights considered the risk of ill treatment on return to Iran for Christian converts. In this case the applicant had converted to Christianity whilst seeking asylum in Switzerland; a sur place asylum claim. The applicant was unsuccessful, primarily on...
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What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to the UK to participate in a statutory appeal to the Special Immigration Appeals Commission (SIAC)? Should judicial review proceedings be initiated to seek an interim...
Here’s your round-up of the immigration and asylum stories that made national headlines this week. Orphan slave deported “Home Office accused of cruelty for ordering cannabis slave back to Vietnam”, the Guardian reported last Friday, just as I was writing last week’s review. Amelia Gentleman reports on the case of...
Asylum support must provide a safe place to live and enough money for people to look after themselves and their families. An extra 80p a week doesn’t cut it, writes Hannah Cooper, senior research and policy officer at Refugee Action. People seeking asylum will soon be entitled to an extra...
A crack committee of experts charged with advising the government on immigration policy has had an unfilled position for the past 15 months. The five members of the Migration Advisory Committee – a chair and four other independent economists – provide the Home Office with evidence and advice on migration...
When the Supreme Court delivered judgment in R (Kiarie and Byndloss) v Secretary of State for the Home Department [2017] UKSC 42, immigration practitioners across the UK took an audible sigh of relief. In that case, the Supreme Court held that the “deport first, appeal later” regime which operated under...
Contrary to recent guidance from the Upper Tribunal, issued by former President McCloskey no less, an application to that tribunal for permission to appeal to the Court of Appeal against a costs order made in a judicial review should be subject to a “first appeals test”, not a “second appeals...
The latest print edition of Right to Remain’s immigration Toolkit is out. It comes highly recommended by Colin. The civil society group’s Luke Butterly has more: The Toolkit is a unique, plain language guide to the UK asylum and immigration system. It gives an overview of the legal system and...
Should the Home Office read all of the supporting evidence sent in with an application? The High Court provided a predictable answer in the case of R (Gayle) v SSHD [2017] EWHC 3385 (Admin), which considered the tragic personal circumstances of the claimant, Marie Gayle, and whether the decision to...
The government needs to do more to challenge myths and misconceptions about the impact of immigration to the UK, a new report by a committee of MPs says. In a wide-ranging survey of the political landscape, the influential Home Affair Committee recommends a “more proactive” approach to fake news on...
Eleven salaried immigration judges have been appointed to the First-tier Tribunal. They are as follows: London Neeti Haria, 55, solicitor. Previously held various fee-paid roles, including in the immigration and asylum chamber. John Keith, 43, solicitor. Head of employment law at BT, also with experience as a fee-paid immigration and...
Job Title: Solicitor – Immigration (NQ – 2 years PQE) Organisation: Drummond Miller LLP Website: www.drummondmiller.co.uk Location: City Centre, Glasgow Deadline for Applications: 26th January 2018 Salary: Competitive Contact: Sam Leek Due to growth we have an exciting opportunity for a solicitor to join our leading Immigration practice. Within this...
In order to improve the service Free Movement provides to both members and casual readers I have made a number of changes to the website in the last year. I have recruited an assistant and then also CJ McKinney as deputy editor. I touched on these in the recent annual...
Before I get into this week’s press coverage of immigration issues, an older piece I think I missed at the time. Before Christmas, Labour MP Kate Osamor visited an immigration removal centre – coyly unnamed, but “within earshot of an airport” – and wrote a powerful account of the visit...
New research shows that the immigration insecurity of one family member now affects whole families, including children and citizens who are not themselves subject to immigration control, writes Dr Melanie Griffiths of the University of Bristol. This week, the University of Bristol published three policy briefings arising from new research...
Some excitement at this opinion of Advocate General Wathelet at the Court of Justice of the European Union: According to Advocate General Wathelet, the term ‘spouse’ includes, in the light of the freedom of residence of citizens of the EU and their family members, spouses of the same sex. Although...
How can you win £266,536.14 in damages and walk away without a penny? If those who should pay succeed in divesting themselves of their assets and if the costs of litigation swallow up all that you do manage to recover. R (Tirkey) v The Director of Legal Aid Casework &...
Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, which concerned a Jamaican national originally granted asylum as a dependant of his mother in 2003. The court considers...
Caroline Nokes MP is the new Minister of State for Immigration at the Home Office. Caroline Nokes MP attends Cabinet as Minister of State for Immigration @UKHomeOffice #CabinetReshuffle pic.twitter.com/znTKowS45M — UK Prime Minister (@10DowningStreet) January 8, 2018 Despite speculation that the job would go to outspoken Brexiteer and human rights...
Hidden within December’s statement of changes (HC309) to the Immigration Rules are new provisions that will affect how the Home Office assesses continuous residence for indefinite leave to remain (ILR) applications. Certain visa categories require an applicant to show they have been “continually resident” in the UK over a five...
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This is your weekly digest of immigration and asylum stories that have appeared in major news outlets (as distinct from specialist information, which you’ll always find on Free Movement already). I’ve been posting this on Monday mornings, but am going to try writing it on Fridays instead as I think...
Recent statistics on asylum grants to gay people represent a breakthrough rather than a breakdown in the system – acting as a sword, rather than shield, in advancing protection of queer refugees, argues S Chelvan of No5 Barristers Chambers. Long-awaited experimental statistics on asylum claims based on sexual orientation were...
The Secretary of State’s decision to revoke an IT consultancy’s Tier 2 sponsor licence was upheld before Christmas in R (Sri Prathinik Consulting Limited) v Secretary of State for the Home Department [2017] EWHC 3204 (Admin). A stream of case law was cited, most notably Lord Justice Tomlinson’s leading judgment...
The year 2017 was not one that much troubled the goats, at least those hircine heroes whose hirsute hides historicise immigration legislation; 2017 will see no major Act of Parliament written in vellum which directly affects immigration law, unlike the years 2014 and 2016. Instead, 2017 turned out to be...
The refugee definition Engagement of the CJEU with asylum issues Since the jurisdiction of the Court of Justice of the European Union was expanded to include asylum matters, we have a fairly steady rise in the number of judgments on these issues. Most concern procedural measures which are specific to...
Selective participation in CEAS Participation in the Common European Asylum System is not necessarily “all or nothing”, nor does it absolutely require membership of the EU. Even within the EU, involvement in CEAS is also selective in some cases. However, it is doubtful that selective participation would be possible by...
The issue of asylum and the refugee crisis in Europe played a very significant part in the debate on Britain’s continuing membership of the European Union in the run up to the Brexit referendum in June 2016. Many commentators consider that the issue of immigration proved decisive, in fact, and...
