The Supreme Court has held that express reference to the Home Secretary’s guidance on her duty under section 55 of the Borders, Citizenship and Immigration
In a decision on an interim relief application in an age assessment judicial review, the Administrative Court has reiterated the requirements of the Civil Procedure
In this post, we will look at who is eligible to apply under Appendix Child staying with or joining a Non-Parent Relative (Protection), what the
The immigration rules permit a parent living overseas, who has British or settled children living in the UK, to apply for a visa to come
A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend
The High Court has found that a decision to refuse to register a child as a British Citizen was lawful, despite the “barely stated” reasons
Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There
In the latest and last judgment in some fairly complex litigation around the use of hotels to accommodation and other issues, the High Court seems
In recent months two cohorts of young people, those granted ‘Calais leave’ and those granted leave under section 67 of the Immigration Act 2016, have
Appendix Children was published in October 2023 and consolidates most of the rules for child dependents of parents on points-based immigration routes which were previously
The Immigration (Age Assessments) Regulations 2024 providing for the use of scientific age testing of children have come into force on 10 January 2024. A
As anyone who has ever battled the Home Office over whether a client has “sole responsibility” over a child’s upbringing or whether their exclusion is
The Home Secretary must set out a lawful plan to completely end its use of hotels for accommodating lone refugee children. This is the conclusion
The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent
The impact of age assessment decisions on unaccompanied asylum seeking children coming to the UK is huge. As we explored in this earlier article, an
The majority of unaccompanied children who enter the UK to seek asylum do not bring with them evidence of their age. Because of this, the
The Home office has published new guidance introducing a streamlined process to deal with child asylum applications. The policy explained in the guidance apparently intends
The scandal of asylum-seeking children going missing from Home Office hotels (Ministers resist terms such as ‘kidnapped’) is an extreme situation. But they are not
This article reviews some common cross-cultural pitfalls between legal representatives and young people claiming asylum. It also provides some ideas on how to mitigate cultural
An inspection report examining the use of hotels for housing unaccompanied asylum-seeking children has been published this week, but the findings make for unsettling reading.
In what I calculate to be the fifth Supreme Court case addressing the meaning of the words used in Theresa May’s 2014 reforms of deportation
The High Court has declared that Home Office policy on allowing migrants to have access to public funds is unlawful for failing to take account
Families who can’t afford British citizenship for their children can now get it for free. A new “citizenship fee waiver for individuals under 18” policy
The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the
The Home Office has promised to give UK visas to Ukrainian surrogate mothers and their families, casting a lifeline to intended parents. Provision will also
The Supreme Court has dismissed a challenge to the level at which the government has set the fees for children to register as British citizens.
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But
What does it mean to be ‘westernised’? It is striking that a term that is used so frequently in this jurisdiction has never been more
From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s
The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane.
Yes. Children can be removed from the UK as part of a family. They can, on paper, also be deported in their own right for
In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive
The Supreme Court has upheld the policy of treating asylum seekers who claim to be children as adults if two Home Office officials think that
On 1 July 2021, the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduced a new section 10A
The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary
Immigration law, as everyone working in it knows, is not a devolved area and not likely to become so. It’s therefore easy for immigration practitioners
Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse
The Supreme Court has reiterated that — for now — UK law prohibits removal of a person “who can be understood to seek refugee status” and
The Upper Tribunal in R (Waleed Ahmad Khattak) v Secretary of State for the Home Department (“eligible to apply”- LTR – “partner”) [2021] UKUT 63
The Supreme Court has held that express reference to the Home Secretary’s guidance on her duty under section 55 of the Borders, Citizenship and Immigration Act 2009 is not required in a decision letter in order to demonstrate that the duty has been complied with. The court also held that...
In a decision on an interim relief application in an age assessment judicial review, the Administrative Court has reiterated the requirements of the Civil Procedure Rules on expert evidence and in particular the need to make an application to rely on this as soon as possible. The case is R...
In this post, we will look at who is eligible to apply under Appendix Child staying with or joining a Non-Parent Relative (Protection), what the requirements are, what leave is granted if successful and routes to settlement. Appendix Child staying with or joining a Non-Parent Relative (Protection) is a relatively...
The immigration rules permit a parent living overseas, who has British or settled children living in the UK, to apply for a visa to come to live with them. In this post we will consider the requirements that a parent applying for a visa in this category must meet in...
A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend their asylum interview has been dismissed by the High Court. The case is R (Alhasan) v Director of Legal Aid Casework & Anor [2024] EWHC...
The High Court has found that a decision to refuse to register a child as a British Citizen was lawful, despite the “barely stated” reasons given. The case is R (OBN (a minor) by his litigation friend ASM) v The Secretary of State for the Home Department [2024] EWHC 1833...
Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There are numerically very few international adoption cases, after all. The inevitable cross over with family law does not make it any easier. This blog post...
In the latest and last judgment in some fairly complex litigation around the use of hotels to accommodation and other issues, the High Court seems to have finally got to a point with Kent County Council where they accept that they cannot get around the duty to find a placement...
In recent months two cohorts of young people, those granted ‘Calais leave’ and those granted leave under section 67 of the Immigration Act 2016, have begun to reach the end of five years’ limited leave to remain. The immigration rules currently provide a route to either further limited leave or...
Appendix Children was published in October 2023 and consolidates most of the rules for child dependents of parents on points-based immigration routes which were previously spread out across the individual categories. It also covers children applying in their own right in points-based categories that allow for that, such as the...
The Immigration (Age Assessments) Regulations 2024 providing for the use of scientific age testing of children have come into force on 10 January 2024. A reminder of the response from the Royal College of Paediatrics and Child Health to these proposals: Evidence shows that using x-rays to determine age can...
As anyone who has ever battled the Home Office over whether a client has “sole responsibility” over a child’s upbringing or whether their exclusion is otherwise undesirable will know, this requirement is antiquated, outdated and causes a lot of unnecessary stress and hassle while separating children from their parents. Paragraph...
The Home Secretary must set out a lawful plan to completely end its use of hotels for accommodating lone refugee children. This is the conclusion of Judge Chamberlain in R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin). The...
The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent remains abroad. The United Kingdom’s immigration rules effectively presume that a child should remain outside the country with the other parent, unless the parent moving...
The impact of age assessment decisions on unaccompanied asylum seeking children coming to the UK is huge. As we explored in this earlier article, an age assessment decision will affect a young person’s entitlement to social work support and care. It will also have implications on how their asylum claim...
The majority of unaccompanied children who enter the UK to seek asylum do not bring with them evidence of their age. Because of this, the Home Office has a duty to carry out an initial assessment of their age to establish whether they are, or could be, children. The Home...
The Home office has published new guidance introducing a streamlined process to deal with child asylum applications. The policy explained in the guidance apparently intends to help the Home Office fulfil the commitment made by Rishi Sunak to clear the asylum backlog by the end of 2023. The policy applies...
The scandal of asylum-seeking children going missing from Home Office hotels (Ministers resist terms such as ‘kidnapped’) is an extreme situation. But they are not the only children suffering at the hands of the UK’s migration policies. The Lords Justice and Home Affairs Select Committee has recently published All families...
This article reviews some common cross-cultural pitfalls between legal representatives and young people claiming asylum. It also provides some ideas on how to mitigate cultural misunderstandings. Going into your initial meeting, a basic understanding of your client’s culture is helpful to build trust and a good rapport. It is not...
An inspection report examining the use of hotels for housing unaccompanied asylum-seeking children has been published this week, but the findings make for unsettling reading. The report criticises the operation of what are effectively unregistered children’s homes and confirms that this is not an area in which the Home Office...
In what I calculate to be the fifth Supreme Court case addressing the meaning of the words used in Theresa May’s 2014 reforms of deportation law, the justices have rejected three linked Home Office appeals seeking to reinstate deportation orders. The previous cases were, in reverse order, SC (Jamaica), Sanambar,...
The High Court has declared that Home Office policy on allowing migrants to have access to public funds is unlawful for failing to take account of the best interests of children, or of a previous judgment along similar lines. The case is R (AB & ors) v Secretary of State...
Families who can’t afford British citizenship for their children can now get it for free. A new “citizenship fee waiver for individuals under 18” policy was published today. It allows under-18s to apply to have the £1,012 fee on applications for registration as a British citizen waived. The policy applies...
The Court of Appeal has held that the unlawful removal of a vulnerable Afghan child and the 18 months of disruption to his private life entitles him to damages under the Human Rights Act 1998 and under EU law. The case is QH (Afghanistan) v Secretary of State for the...
Is the Home Office under a duty to provide information establishing a child’s nationality? This is the question considered by the Inner House of the Court of Session in AS v Secretary of State for the Home Department [2022] CSIH 16. Unfortunately, the answer is no. The Home Office’s duty...
The Home Office has promised to give UK visas to Ukrainian surrogate mothers and their families, casting a lifeline to intended parents. Provision will also be made for babies born outside the UK to Ukrainian surrogate mothers, according to Home Secretary Priti Patel, in a letter to leading surrogacy lawyers....
The Supreme Court has dismissed a challenge to the level at which the government has set the fees for children to register as British citizens. The court held that the government has been authorised by Parliament to set the level of the fees as it chooses. Currently, the fee is...
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 leaves the situation for these carers — non-EU parents...
What does it mean to be ‘westernised’? It is striking that a term that is used so frequently in this jurisdiction has never been more closely defined. I would suggest that this is because, like obscene material, it is because we ‘know it when we see it’. Some musing from...
The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane. It is about the consequences of a failure by the Home Office to comply with its duties concerning the best interests of children. In most...
Yes. Children can be removed from the UK as part of a family. They can, on paper, also be deported in their own right for criminal offending: the Home Secretary’s power of deportation under the Immigration Act 1971 is not limited to under-18s, and the Home Office has specific guidance...
In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive father overseas. That judgment has now been robustly upheld by the Court of Appeal following a disastrous appeal by the Passport Office: Secretary of State...
The Supreme Court has upheld the policy of treating asylum seekers who claim to be children as adults if two Home Office officials think that the person looks significantly over 18. The case is R (BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38. It should...
On 1 July 2021, the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduced a new section 10A to the British Nationality Act 1981. This new section is aimed at ensuring that certain children born from 1 July 2021 onwards will automatically acquire...
The protection afforded to children who are long-term UK residents has been further diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953. The judgment is the latest in a line of cases to grapple with what exactly...
Immigration law, as everyone working in it knows, is not a devolved area and not likely to become so. It’s therefore easy for immigration practitioners to assume that all the important stuff is the same across the UK. That’s not the case for social care rights, which can help vulnerable...
Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse to public funds” (NRPF) scheme fail to protect the rights of children. The case of ST (a child, by his Litigation Friend VW) & VW...
The Upper Tribunal in R (Waleed Ahmad Khattak) v Secretary of State for the Home Department (“eligible to apply”- LTR – “partner”) [2021] UKUT 63 (IAC) has provided helpful clarification on when having a partner can disqualify someone from getting permission to remain in the UK as a parent of...
