The change to the immigration rules on 11 April 2024 regarding how absences would be calculated in the long residence route initially caused a lot of confusion because the drafting […]
The High Court has said that it was not unlawful that a Kenyan refugee who had been trafficked to the UK as a domestic worker had to wait from August […]
The High Court has held that the decision to refuse to grant exceptional case funding for legal aid to a person applying to the Windrush compensation scheme was lawful. The […]
The latest modern slavery statistics have been published and show that the ‘immigration enforcement competent authority’ had made its lowest percentage of positive conclusive grounds decisions confirming that a person […]
The immigration rules allow some people to apply to remain in the UK on the basis of long residence. Those who had periods of overstaying can apply for limited leave […]
Appendix Long Residence of the immigration rules enables a person with 10 continuous and lawful years of residence in the UK to apply for indefinite leave to remain. It is […]
On 18 April 2024, the Court of Appeal held in ASY & Ors v Home Office [2024] EWCA Civ 373 that damages are payable to those subjected to destitution that […]
In AM (Belarus) v Secretary of State for the Home Department [2024] UKSC 13, in a judgment delivered by Lord Sales, the Supreme Court has held that a man living […]
The Home Secretary has lost a case where it was argued that a refugee who held indefinite leave to remain in the UK should not be permitted to return to […]
On 10 April 2024 the Home Office introduced a fee waiver process for those applying to extend their leave in Appendix Hong Kong BN(O) however the new process introduces barriers […]
This article explains how to make a successful change of conditions application where a person needs to lift the no recourse to public funds restriction (NRPF) from their grant of […]
The short answer is “yes, criminals can be denied refugee status.” There is a moral dimension to the Refugee Convention. But the criminal offence or offending must be particularly serious […]
The question of who has the duty to provide accommodation where a person has certain needs under the Care Act 2014 has been the subject of recent litigation and appears […]
A “returning resident” is a resident of the United Kingdom with settled status who returns to the country after a lengthy absence abroad. Ordinarily, when a person refers to “returning […]
The Upper Tribunal has provided further guidance on the meaning of historical injustice in the case of Ahmed v SSHD [2023] UKUT 00165 (IAC). “Historical injustice” is the term used […]
In its 2023 World Report, Human Rights Watch found that the recent immigration and asylum policies introduced by the UK government breach domestic human rights obligations and undermine international human […]
Across Europe, asylum seekers and displaced people are facing growing hostility as they look to start new lives escaping war and persecution. In Greece, there is continually mounting evidence of […]
Figures the Ministry of Justice was instructed to publish by the Office for Statistics Regulation show that just 8% of all deportation appeals lodged in 2020/21 were allowed on human […]
The Grand Chamber of the European Court of Human Rights has held that France breached Article 3.2 of Protocol 4 due to the lack of explanation for and independent scrutiny […]
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what […]
The current/outgoing government on 22 June 2022 introduced to Parliament the Bill of Rights Bill. For those (like me) who have been struggling to keep up with the news of […]
The European Court of Human Rights has concluded that a maritime pushback operation conducted by Greek coastguards in 2014 violated the right to life of the 11 people who drowned […]
Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the Points Based Immigration System) now cost £1,048. In addition, applicants may need […]
The Home Office has published guidance on when officials should vary an application for indefinite leave to remain and instead grant an extension of permission to stay (i.e. limited leave […]
The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for free). This is important as […]
The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home Office to bring the claimant […]
The Supreme Court has allowed the appeal against the deportation of a Jamaican man who arrived in the UK aged ten. The case is SC (Jamaica) v Secretary of State for […]
When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from? In practice, probably not. This seems […]
Practitioners will no doubt be aware of the Supreme Court’s decision in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17. The justices endorsed the European […]
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 […]
Someone correctly refused leave under the Immigration Rules as then in force is not the victim of a historical injustice, and therefore can’t rely on this as strengthening a subsequent […]
The Upper Tribunal has decided that it has the power to transfer damages claims resulting from judicial review proceedings to the County Court. The tribunal held that its incidental powers […]
In the case of Jallow v Norway (application no. 36516/19), the European Court of Human Rights looked at what is quite a familiar and popular topic at present: the fairness […]
The government has published its proposals for changing the Human Rights Act 1998. Not all the consultation questions will be of professional interest to immigration lawyers — for instance, there […]
In the case of PS (cessation principles) Zimbabwe [2021] UKUT 283 (IAC), the Upper Tribunal has reiterated the correct approach to cessation of refugee status. The case is also a […]
What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case should be treated as a […]
Some young people born or brought up in the UK without immigration status can now apply for settlement after five years rather than ten. The change in policy comes in […]
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500. Unfortunately, it confirms […]
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 experience and the UK may […]
In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion […]
