Dublin 3 comes into effect
16 January 2014
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Largely unnoticed by many, on 1 January 2014 a new legal regime entered force regarding the allocation of responsibility for considering asylum claims from persons who
Largely unnoticed by many, on 1 January 2014 a new legal regime entered force regarding the allocation of responsibility for considering asylum claims from persons who
New rules restricting access to welfare benefits for new EU migrants including a six month statutory presumption for benefits paid to jobseekers. In this post
It is well known that those who have been granted leave to remain (LTR) in the United Kingdom but who have a ‘no recourse to
If Britain gets our taxpayers, shouldn’t it also pay their benefits? Why should Polish taxpayers subsidize British taxpayers’ children?
(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national
A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a
The Immigration (EEA) Regulations 2006, Regulation 10(5)(d)(iv) provides for the continued right of residence of family members of EEA nationals exercising Treaty rights in the
In the recent case of Pensionsversicherungsanstalt v Peter Brey [2013] EUECJ C-140/12 (19 September 2013), the Court of Justice of the European Union (‘CJEU’) ruled
Zambrano cases for admission to the UK finally seem to be filtering through to the Upper Tribunal. In MA and SM (Zambrano: EU children outside
The tribunal isn’t bound by a NOMS risk assessment report when it isn’t high risk. But is bound when it is high risk. Also the
Many years before his appointment to the Supreme Court, Jonathan Sumption remarked that “most law is only common sense with knobs on… everyone knows what
In an EEA appeal the tribunal may consider even evidence of a matter arising after the date of decision providing it is relevant to the
Shabani (EEA – jobseekers; nursery education) [2013] UKUT 00315 (IAC) New reported tribunal decision on whether a person who leaves the labour market to look after children retains
Permanent residence for bereaved spouse The Court of Appeal has held that a third country national is entitled to permanent residence where she was married
Confirming the earlier Opinion in the same case the Court of Justice of the European Union has today held in MA and Others v UK (Case C‑648/11), in
There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who
Very good note by AIRE Centre on durable partners in EU law and their rights if they suffer domestic violence and relationship breakdown.
The decision of the Court of Justice of the European Union in Zambrano requires a lot of explaining. The process of seeking to understand its impact
The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (SI 2012/2560) come into force on 8 November 2012. There are two bits of good news for applicants
The Court of Appeal recently gave judgment in a very important decision in European Union deportation cases, Secretary of State for the Home Department v
This post is definitely one for the lawyers, I’m afraid, as it concerns an important but difficult to explain area of European Union free movement
One day, some day, the Immigration (European Economic Area) Regulations 2006 will finally be amended to reflect the UK Border Agency understanding of Zambrano. Until
This is the second post in a short series on the Zambrano judgment. The first part was Making a Zambrano application. Next time: Whither Zambrano?
Amendments to the Immigration (European Economic Area) Regulations 2006 (commonly known as the EEA regs) have been laid and will mainly come into force on
This is the first in a short series of posts about the Zambrano judgment. Next time: Appeals in Zambrano cases. On 8 March 2011 the
In an interview with The Telegraph this weekend Home Secretary Theresa May appeared, at least to those wearing magic-rabidly-Eurosceptic-wishful-thinking-specs, to suggest that the UK Government was
Advocate General Bot has given his Opinion in the case referred to the Court of Justice of the European Union by President Mr Justice Blake.
The European Commission has today given the United Kingdom two months to comply with European Union rules on the free movement of EU citizens and
He said it so sympathetically, it made it all the worse: “This is a fast moving area of law, we understand that, but you might
Several important new cases have just emerged on the subject of marriage and the immigration rules for spouses. They all deal with the evidence and
On 15th November 2011, the Court of Justice of the European Union (‘the CJEU’) handed down its judgment in the case of Dereci (C-256/11). This was a much
Despite having already signed off for Christmas, I’ve been sitting waiting all morning to get on at Hatton Cross and decided to catch up on
UPDATE: correct link added for training notes Omotunde (best interests – Zambrano applied – Razgar) Nigeria [2011] UKUT 00247 (IAC) This case has already been
The UK Border Agency has released the slightly more detailed guidance on Zambrano-based applications that was referred to in my earlier post on this. This
I’ve previously posted up the publicly available UKBA guidance on Zambrano, but a commenter very helpfully posted a link to more information available on the
After what felt like something of a hiatus early in the year, the tribunal has been churning out new reported cases in recent months as
The first of my catch-up posts comes courtesy of the indefatigable Mr T – many thanks, Mr T. The UK Border Agency have issued some
The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a
My post on Friday about the Amos case may have been a little o’er hasty. The excellent Manjit Gill QC, who was Leading Counsel for
The hotly anticipated (er, by EU law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was
Largely unnoticed by many, on 1 January 2014 a new legal regime entered force regarding the allocation of responsibility for considering asylum claims from persons who have entered the country from elsewhere in the European Union: Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26...
New rules restricting access to welfare benefits for new EU migrants including a six month statutory presumption for benefits paid to jobseekers. In this post Garden Court Chambers barrister Desmond Rutledge looks at how we got here, what are the new rules and what might follow next.
...It is well known that those who have been granted leave to remain (LTR) in the United Kingdom but who have a ‘no recourse to public funds’ condition attached to their leave (including those who have applied under Appendix FM of the Immigration Rules) would be in breach of that...
(1) The right of permanent residence under regulation 15 of the Immigration (European Economic Area) Regulations 2006 is capable of being established whilst a national of a Member State or a family member of that national is outside the host country. (2) Leaving aside military service, the reasons for that...
A non – EEA national family member travelling to the United Kingdom accompanied by the EEA national family member concerned for the purpose of a visit of not more than three months’ duration is entitled to enter, pursuant to regulations 11(2), 12(1) and 13(1) and (2) of the Immigration (European...
The Immigration (EEA) Regulations 2006, Regulation 10(5)(d)(iv) provides for the continued right of residence of family members of EEA nationals exercising Treaty rights in the UK whose relationships have ended due to domestic violence, whilst it does not afford the same right of continued residence to unmarried partners of EEA...
In the recent case of Pensionsversicherungsanstalt v Peter Brey [2013] EUECJ C-140/12 (19 September 2013), the Court of Justice of the European Union (‘CJEU’) ruled that welfare benefit legislation which automatically bars benefit to an EEA national from another Member State based on the right to reside requirement is contrary...
Zambrano cases for admission to the UK finally seem to be filtering through to the Upper Tribunal. In MA and SM (Zambrano: EU children outside EU) Iran [2013] UKUT 00380 (IAC) there are two linked appeals, both involving a child resident in the UK with one parent where the other...
The tribunal isn’t bound by a NOMS risk assessment report when it isn’t high risk. But is bound when it is high risk. Also the tribunal comes down like a tonne of bricks on a claimant’s representative who failed to comply with procedure rules and directions. We are, I think,...
Many years before his appointment to the Supreme Court, Jonathan Sumption remarked that “most law is only common sense with knobs on… everyone knows what the answer is likely to be”. He clearly wasn’t talking about European Union law. After years of being fed on mantras of a single market...
Shabani (EEA – jobseekers; nursery education) [2013] UKUT 00315 (IAC) New reported tribunal decision on whether a person who leaves the labour market to look after children retains the status of a worker in EU law (‘no’, apparently). Includes useful concessions from Home Office on second time job seekers and...
Permanent residence for bereaved spouse The Court of Appeal has held that a third country national is entitled to permanent residence where she was married to an EU citizen with permanent residence who died after experiencing permanent incapacity to work. This does not apply where the EU citizen acquired permanent...
Confirming the earlier Opinion in the same case the Court of Justice of the European Union has today held in MA and Others v UK (Case C‑648/11), in effect, that the Dublin II regulation does not apply to separated children who have claimed asylum. The key conclusion is as follows:...
There are some detailed blog posts to come on some of the more important things that happened in the last fortnight, but for those who missed their beloved Free Movement updates here is a brief round up of developments I’ve spotted looking through my emails on my return from holiday....
The decision of the Court of Justice of the European Union in Zambrano requires a lot of explaining. The process of seeking to understand its impact will continue for some time at an EU level and domestically. In Harrison (Jamaica) v Secretary of State for the Home Department [2012] EWCA...
The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (SI 2012/2560) come into force on 8 November 2012. There are two bits of good news for applicants and one piece of bad news. For previous news, updates and commentary on Zambrano and developments since that case see the EU...
The Court of Appeal recently gave judgment in a very important decision in European Union deportation cases, Secretary of State for the Home Department v FV (Italy) [2012] EWCA Civ 1199. The case concerns the question of whether or how far a period of imprisonment interferes with rights of residence...
This post is definitely one for the lawyers, I’m afraid, as it concerns an important but difficult to explain area of European Union free movement law: obtaining evidence in retained rights of residence cases. A few weeks ago my roommate in chambers, the marvellous Francis Allen, told me with more...
One day, some day, the Immigration (European Economic Area) Regulations 2006 will finally be amended to reflect the UK Border Agency understanding of Zambrano. Until then we will all continue to struggle both on a practical and conceptual level. Zambrano rules that third country nationals can derive a right of...
This is the second post in a short series on the Zambrano judgment. The first part was Making a Zambrano application. Next time: Whither Zambrano? by Iain Palmer. Following on from the last post on Zambrano, the position of the UK Border Agency is that a decision that a Zambrano...
Amendments to the Immigration (European Economic Area) Regulations 2006 (commonly known as the EEA regs) have been laid and will mainly come into force on 16 July 2012. The amendments are at SI 2012/1547. Firstly, there is no sign of any attempt to tackle Zambrano yet. The main change is...
In an interview with The Telegraph this weekend Home Secretary Theresa May appeared, at least to those wearing magic-rabidly-Eurosceptic-wishful-thinking-specs, to suggest that the UK Government was contemplating suspending free movement rights for southern Europeans if the Euro collapses: And what if a eurozone collapse sent thousands of economic migrants heading...
The European Commission has today given the United Kingdom two months to comply with European Union rules on the free movement of EU citizens and their families across the EU or face an EU court case. You can read the press release yourself here. The four issues highlighted are as...
Several important new cases have just emerged on the subject of marriage and the immigration rules for spouses. They all deal with the evidence and burden of proof in such cases. The President of the Upper Tribunal’s Immigration and Asylum Chamber, Mr Justice Blake, has had a hand in all...
On 15th November 2011, the Court of Justice of the European Union (‘the CJEU’) handed down its judgment in the case of Dereci (C-256/11). This was a much awaited judgment after the ‘Zambrano and Article 20’ revolution was dampened by McCarthy (see here for previous posts in relation to Zambrano...
UPDATE: correct link added for training notes Omotunde (best interests – Zambrano applied – Razgar) Nigeria [2011] UKUT 00247 (IAC) This case has already been mentioned on the blog but a closer look is warranted as it gives an idea of how the domestic courts are applying the principles in...
The UK Border Agency has released the slightly more detailed guidance on Zambrano-based applications that was referred to in my earlier post on this. This follows from a Freedom of Information request, although in fact the document had already been provided to ILPA. Frankly, it does not take things a...
I’ve previously posted up the publicly available UKBA guidance on Zambrano, but a commenter very helpfully posted a link to more information available on the Wornham & Co blog. I don’t myself post letters to or from ILPA unless the information is public, but there is some suggestion in the...
After what felt like something of a hiatus early in the year, the tribunal has been churning out new reported cases in recent months as if there was no tomorrow. As far as I know no-one has suggested scrapping the Immigration and Asylum Chamber YET, although it is surely only...
The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a major judgment on return to Somalia and the conditions there. The press release can be found here and the judgment here (Word version here, BAILII version...
My post on Friday about the Amos case may have been a little o’er hasty. The excellent Manjit Gill QC, who was Leading Counsel for the claimant in Amos, has sent in a correction by email, the relevant part of which is as below (reproduced with kind permission): “Please note...
The hotly anticipated (er, by EU law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was dismissed: dual nationals living in a country of their nationality who have never exercised free movement rights cannot rely on the Citizens’ Directive (2004/38)...
