Supreme Court finds detention of asylum seekers unlawful
27 November 2019
2 Comments
The Supreme Court has confirmed in the case of Hemmati v Secretary of State for the Home Department [2019] UKSC 56 that the detention of
The Supreme Court has confirmed in the case of Hemmati v Secretary of State for the Home Department [2019] UKSC 56 that the detention of
We’ve received the following enquiry about the rules on settled status for EU citizens and their families after Brexit: Can the third country national spouse
Another statement of changes to the Immigration Rules (HC 170) was laid on 24 October 2019. The changes relate to Appendix EU of the Rules
The Home Office released a new set of EU Settlement Scheme statistics in early October. While this update again showed a rise in applications to
As the outcome of the latest Brexit negotiations are still uncertain — and with 31 October less than one month away – the latest research
The Court of Justice of the European Union has found that a child is self-sufficient in EU law even if supported only by the earnings
The Upper Tribunal has finally, some six years after the test was introduced into domestic regulations, taken a good, hard look at the “centre of
In the case of C‑94/18 Chenchooliah the Court of Justice of the European Union returns to the contentious issue of the rights of family members of
An EU citizen, or their spouse or civil partner, is entitled to have his or her dependent parent continue to live with them or join
A few weeks ago I analysed EU Settlement Scheme stats released in August. I argued that the Scheme is not working as well as the Government
Yesterday afternoon the government dropped statement of changes to the Immigration Rules HC 2631. This is a formal change to the Immigration Rules and there
The Johnson ‘government’ has reaffirmed that free movement rules will continue if the UK leaves the EU without a deal on 31 October. A new
When the word ‘chaotic’ no longer seems to adequately describe a situation you know things are getting bad. The government’s announcement and subsequent hasty retraction
The Government yesterday rowed back on the bonkers idea floated by Home Secretary Priti Patel two weeks ago to end free movement of EU citizens
The Home Secretary, Priti Patel, said last week that free movement for EU nationals will end on 31 October 2019 unless there is a Brexit
Following Priti Patel’s recent comments about the immediate end of free movement following a no-deal Brexit, the Home Office sent an email reassuring EU citizens
Confusion abounds after Dominic Cummings sources close to Home Secretary Priti Patel told the Telegraph and Independent over the weekend that free movement of EU
Three years after the referendum, the more than three million EU citizens living in the UK still have no clarity on what their legal status
The Supreme Court handed down its second judgment in the long-running case of Franco Vomero today. The latest instalment is Secretary of State for the
Over 900,000 people have applied for EU settled status so far. By the end of June 2019, the Home Office had processed 806,000 applications, granting
In the fraught context of Brexit, the need to register EU citizens already resident in the UK presents a major conundrum of policy, law, and
The Home Office cannot detain an EU citizen pending deportation without first considering whether detention is “proportionate and necessary” under EU law, the Court of
In 2016 the Home Office embarked on an attempt to homogenise the application processes for immigration applications made under EU law and those made under
Detention in a young offender institution has much the same impact on an EU citizen’s enhanced protection against deportation as imprisonment in an adult jail,
Banger (EEA: EFM – Right of Appeal) [2019] UKUT 194 (IAC) has finally reached the end of the road. This is the case that went
The Supreme Court has today dismissed the Home Office appeal in the case of Gubeladze [2019] UKSC 31. The judgment affects hundreds of thousands of EU citizens
The government should guarantee the rights of EU citizens living in the UK through legislation to back up the flawed EU Settlement Scheme, an influential
The June 2016 vote to leave the European Union has already had a major impact on Europeans living in the UK. Even though Brexit has
The 2016 referendum sent shockwaves through the European community in the UK, but now that the dust has settled, the picture is far less alarming
On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Buried in the
An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in
The United Kingdom is not now leaving the European Union at 11pm on 29 March 2019. Brexit fans can rest assured that the game is
Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous
Depending on which pundit you speak to, a no-deal Brexit has either got more likely or less likely over the last couple of weeks. It
The settled status scheme for EU citizens to stay in the UK after Brexit is about to complete its last test phase and will be
The draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019, laid before Parliament on 11 February, make major changes to the law on deportation of
This is significant: the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019. The most important of the changes are to give non-EU extended family
Just weeks from the date that the EU and UK’s divorce is due to take place, the position of UK travellers to the EU remains
The Upper Tribunal has held that the non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a
The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered
The Supreme Court has confirmed in the case of Hemmati v Secretary of State for the Home Department [2019] UKSC 56 that the detention of asylum seekers for their removal to other EU states under the Dublin Regulation was unlawful between 1 January 2014 and 15 March 2017, when new...
We’ve received the following enquiry about the rules on settled status for EU citizens and their families after Brexit: Can the third country national spouse of a dual EU/British national apply for the EU Settlement Scheme? “Third country national spouse” is immigration lawyers’ jargon for a non-European husband or wife....
Another statement of changes to the Immigration Rules (HC 170) was laid on 24 October 2019. The changes relate to Appendix EU of the Rules and their functioning in a no-deal Brexit scenario. This is somewhat surprising given recent events. Jacob Rees-Mogg said in Parliament on the same date that...
The Home Office released a new set of EU Settlement Scheme statistics in early October. While this update again showed a rise in applications to the scheme, it also suggests re-applications to it are counted towards the total. This raises questions over the quality and transparency of statistical reporting about...
As the outcome of the latest Brexit negotiations are still uncertain — and with 31 October less than one month away – the latest research update from the Public Law Project (PLP) shows that EU citizens would still lack statutory protection for their rights in the event of a ‘no-deal’...
The Court of Justice of the European Union has found that a child is self-sufficient in EU law even if supported only by the earnings of a parent who is working without permission to do so. The case is C‑93/18 Bajratari. The case involved an Albanian family living in Northern...
The Upper Tribunal has finally, some six years after the test was introduced into domestic regulations, taken a good, hard look at the “centre of life” test applied by the Home Office to Surinder Singh cases. For background on the Surinder Singh route see our explainer post here: The Surinder...
In the case of C‑94/18 Chenchooliah the Court of Justice of the European Union returns to the contentious issue of the rights of family members of EU citizens. Family members like to have rights, governments like to be able to remove family members and the judges are called on time...
An EU citizen, or their spouse or civil partner, is entitled to have his or her dependent parent continue to live with them or join them in the UK under the EU Settlement Scheme. This has always been the case since the scheme began. But one particularly confusing aspect, even...
A few weeks ago I analysed EU Settlement Scheme stats released in August. I argued that the Scheme is not working as well as the Government claims it is. While it might be performing well from the point of view of its administrators at the Home Office, it surely seems to...
Yesterday afternoon the government dropped statement of changes to the Immigration Rules HC 2631. This is a formal change to the Immigration Rules and there is a lot to it: the full version weighs in at 102 pages. We’ll deal with other changes in another post (or posts) but here...
The Johnson ‘government’ has reaffirmed that free movement rules will continue if the UK leaves the EU without a deal on 31 October. A new voluntary (Ed. – !?!) immigration scheme will be introduced called the European Temporary Leave to Remain Scheme, or “Euro TLR” to its (few) friends. From...
When the word ‘chaotic’ no longer seems to adequately describe a situation you know things are getting bad. The government’s announcement and subsequent hasty retraction of its intention to end free movement on 1 November 2019 has served only to amplify levels of anxiety amongst EU nationals and the wider...
The Government yesterday rowed back on the bonkers idea floated by Home Secretary Priti Patel two weeks ago to end free movement of EU citizens into the UK on 31 October 2019. Apart from the obvious problem of having to invent and implement a new immigration system in a matter...
The Home Secretary, Priti Patel, said last week that free movement for EU nationals will end on 31 October 2019 unless there is a Brexit deal. Media reports indicate that she intends to repeal EU free movement law from day one of a no-deal Brexit, replacing it with new rules...
Following Priti Patel’s recent comments about the immediate end of free movement following a no-deal Brexit, the Home Office sent an email reassuring EU citizens that they will continue to be eligible to remain in the UK so long as they apply for the settled status scheme. What the email...
Confusion abounds after Dominic Cummings sources close to Home Secretary Priti Patel told the Telegraph and Independent over the weekend that free movement of EU citizens would end the day after a no-deal exit on 31 October 2019. While at first glance it seems very unlikely that this means anything...
Three years after the referendum, the more than three million EU citizens living in the UK still have no clarity on what their legal status will be after Brexit. It is uncertain whether the Brexit deal negotiated by Theresa May’s government (formally known as the Withdrawal Agreement) will ever be...
The Supreme Court handed down its second judgment in the long-running case of Franco Vomero today. The latest instalment is Secretary of State for the Home Department v Franco Vomero [2019] UKSC 35. The facts Mr Vomero is Italian. He moved to the UK and married a British citizen in...
Over 900,000 people have applied for EU settled status so far. By the end of June 2019, the Home Office had processed 806,000 applications, granting full settled status in 65% of cases and pre-settled status in 35% of cases. The department says that nobody has been refused status outright. There...
In the fraught context of Brexit, the need to register EU citizens already resident in the UK presents a major conundrum of policy, law, and administration. The government’s answer is the EU Settlement Scheme. It is expected that millions of people, from a wide variety of different backgrounds, will apply...
The Home Office cannot detain an EU citizen pending deportation without first considering whether detention is “proportionate and necessary” under EU law, the Court of Appeal has said in R (Lauzikas) v Secretary of State for the Home Department [2019] EWCA Civ 1168. Any decision to detain cannot be based...
In 2016 the Home Office embarked on an attempt to homogenise the application processes for immigration applications made under EU law and those made under UK law. The Upper Tribunal has confirmed in Rehman (EEA Regulations 2016 – specified evidence) [2019] UKUT 195 (IAC) that there are limits to how...
Detention in a young offender institution has much the same impact on an EU citizen’s enhanced protection against deportation as imprisonment in an adult jail, the Court of Appeal has held. The case is Secretary of State for the Home Department v Viscu [2019] EWCA Civ 1052. EU deportation law...
The Supreme Court has today dismissed the Home Office appeal in the case of Gubeladze [2019] UKSC 31. The judgment affects hundreds of thousands of EU citizens from the so-called Accession Eight (or “A8”) countries that joined the EU in 2004 and means that the United Kingdom unlawfully imposed a...
The government should guarantee the rights of EU citizens living in the UK through legislation to back up the flawed EU Settlement Scheme, an influential committee of MPs has said. In a report published today, the Home Affairs committee invokes the Windrush scandal, says that “lessons must be learned to...
The 2016 referendum sent shockwaves through the European community in the UK, but now that the dust has settled, the picture is far less alarming than appeared at first. Various groups who seemed particularly vulnerable in the wake of the vote, including European spouses of British citizens, no longer need...
On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Buried in the 63-page document is a fundamental change of policy: potential Zambrano applicants must first make a human rights application under British immigration law. In other words,...
An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580. On the facts, it is surprising that the Secretary of State...
Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous post. The case has now gone from the Supreme Court to the Court of Justice of the European Union, which has held that although...
Depending on which pundit you speak to, a no-deal Brexit has either got more likely or less likely over the last couple of weeks. It remains the default if the UK-EU withdrawal agreement is not passed at the third time of asking, and a further extension is not agreed by...
The settled status scheme for EU citizens to stay in the UK after Brexit is about to complete its last test phase and will be fully open on 30 March 2019. We have talked about how the Settlement Scheme operates here: How to apply for “settled status” for EU citizens....
The draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019, laid before Parliament on 11 February, make major changes to the law on deportation of European Economic Area and Turkish citizens after Brexit. They will kick in on the date of Brexit, if there is no deal, or at the...
This is significant: the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019. The most important of the changes are to give non-EU extended family members of EU citizens a right of appeal against refusal of a family permit or residence card. The regulations also implement last summer’s Court of...
Just weeks from the date that the EU and UK’s divorce is due to take place, the position of UK travellers to the EU remains foggy. The clock is ticking and Prime Minister May is still caught between the EU and her own government, struggling to reach an agreement that...
The Upper Tribunal has held that the non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a residence card, pointing out the well established distinction between family members and extended family members in EU free movement law. In short: a person married...
The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered necessary because most citizens of European Union countries will lose their existing legal status in this country after it leaves the EU. EU citizens who...
