- BY Colin Yeo
Immigration update podcast, episode 28
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Welcome to the April 2016 edition of the Free Movement immigration update podcast. In this (slightly belated) episode I cover some issues around child cases in human rights and in asylum cases, move on to cover several important procedural issues, including expediting EU residence card applications, and then end with a round up of relevant case law for the month. The material is drawn from the April 2016 blog posts on Free Movement.
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The downloadable 30 minute audio podcast follows the (non chronological) order of content below:
Children
- President gives guidance on linked family cases, 7 year rule and Article 8
- Can children and parents apply to remain after seven years residence?
- Boys to men: how to prepare asylum appeals for young Afghans
Procedure
- Section 3C leave does not always protect during appeals
- Expediting an EU residence document application
- Immigration tribunal can appoint litigation friend despite no provision in the rules
- Immigration decision triggers right of appeal, not notice of decision
Case law
- “Past presence test” for DLA benefit unlawfully discriminates against refugees
- Time limit for degree level includes study below degree level
- De minimis principle does not apply to Immigration Rules, holds President
- Tribunal defines meaning of “persistent offender”
- Appellant must prove proxy marriage is lawful in country in which it was contracted
- The Supreme Court’s decision in Nouazli v SSHD and Lawful Discrimination
- Important guidance case for trafficking litigation
- Court of Appeal overturns President’s decision to allow deportation appeal
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