Test for “further submissions” success routinely misstated in rejection letters

A quick note on a recent asylum judgment in Scotland — nothing earth-shattering in it, our friends at McGill & Co tell me, but a reminder to be on the alert for multiple misstatements of the threshold for success in decision letters rejectin ...

22nd March 2018 By

New Statelessness Index compares how European countries help people with no citizenship

A pan-European alliance of NGOs has launched a new database allowing for easy comparison of how different European countries protect people left without  citizenship of any country due to quirks in nationality law. The Statelessness Index covers a do ...

20th March 2018 By

Home Affairs Committee probes “systemic” problems with immigration detention

The Home Affairs Committee of MPs has announced that it is broadening an existing enquiry into the treatment of migrants held at Brook House detention centre to look at the detention system more widely. The influential committee, which is headed up by ...

19th March 2018 By

New statement of changes to the Immigration Rules: HC895

A short Statement of Changes in Immigration Rules HC895 was laid yesterday, 15 March 2018. It makes minor changes to the Rules to take effect on 6 April. The explanatory memorandum summarises the tweaks as being to: Ensure that an asylum claim can b ...

16th March 2018 By

Law centre solicitor who charged immigration and asylum clients agrees to striking off

A law centre solicitor who took money from clients seeking help with immigration and asylum problems has accepted his striking off the role of solicitors. Andrew John Puddicombe was employed by Gloucester Law Centre until November 2015, when managemen ...

15th March 2018 By

NGOs launch hostile environment survival guide

A group of charities and NGOs have launched a new guide on immigrants’ rights. It places with particular emphasis on coping with hostile environment measures designing to make life intolerable for undocumented migrants. Know Your Right ...

15th March 2018 By

Home Office helpline for querying bank account closures finally up and running

The first round of immigration checks on migrants’ current accounts took place in January, with banks being required to check the immigration status of their customers against a Home Office database. Those flagged up as being in the UK unlawfull ...

14th March 2018 By

Why the Home Office banned three far-right activists from the UK

Three far-right celebrities have been denied entry to the UK in the past week under the Home Secretary’s power to exclude people when it is conducive to the public good. But what is the law about refusing to let people come into the country and ...

14th March 2018 By

Tortured migrants held at drug-ridden Harmondsworth dentention centre

The independent prison inspector has raised the alarm over the continued detention of migrants who the Home Office accepts have been tortured. A scathing inspection report also found “considerable failings” in safety and respect for detainees at ...

13th March 2018 By

Battle for control of migrants’ data heats up

Campaign groups are fighting for better protection of migrants’ personal data on multiple fronts this month. Last week came news that permission had been granted in a judicial review of data sharing arrangements between the Home Office and the N ...

7th March 2018 By

Case on Brits keeping EU citizenship stalls in Dutch courts

We recently covered the case taken by British migrants living in the Netherlands that had, it appeared, succeeded in its aim of getting the Court of Justice of the European Union to decide whether their EU citizenship survives Brexit. The headline was ...

6th March 2018 By

Yarl’s Wood hunger strike letter undermines official stance on protests

A Home Office letter handed to hunger strikers at Yarl’s Wood detention centre casts doubt on the department’s simultaneous insistence that the refusal of food may be for non-political reasons. Last week, Home Office minister Baroness ...

6th March 2018 By

Interview: Adam Wagner on human rights blogging

Barrister Adam Wagner founded the widely acclaimed UK Human Rights Blog at 1 Crown Office Row in 2010. He went on to found RightsInfo, an online platform that aims to build knowledge and support for human rights, and now practises out of Doughty Str ...

5th March 2018 By

Landmark detention precedents should be revisited, Lady Justice Arden suggests

The Court of Appeal has lit a distress beacon on damages for wrongful detention, with Lady Justice Arden signalling that the Supreme Court should look again at case law that denies a remedy to people detained on the basis of Home Office decisions that ...

1st March 2018 By

What does the EU’s draft Brexit agreement say about citizens’ rights?

The European Commission has published a draft legal text for a Brexit “Withdrawal Agreement”. It includes the all-important issue of citizens’ rights for EU nationals already living in the UK or arriving here before Brexit is finalis ...

28th February 2018 By

EU residents rush for British citizenship but ever fewer new arrivals from Europe

EU citizens already living in the UK are opting for British citizenship at record levels even as more depart and fewer arrive, this morning’s quarterly immigration statistics from the Home Office and Office for National Statistics confirm. The ...

22nd February 2018 By

Judicial review targets G4S “mismanagement” of detention centres

Bail for Immigration Detainees (BID) has begun a judicial review challenge aimed at G4S, the controversial private company that runs two of the UK’s immigration detention centres. The charity aims to have G4S officially branded a “High Ris ...

15th February 2018 By

Experienced immigration solicitors disciplined over abusive litigation

A solicitor has been suspended from practice for 18 months, and his brother heavily fined, in the latest disciplinary ruling over tactical judicial reviews designed to frustrate deportations. Malik Mohammed Saleem and Malik Mohammed Nazeer, of London ...

13th February 2018 By

How immigration bail really works: scenes from Hatton Cross immigration tribunal

Free Movement deputy editor Conor James McKinney has been exploring the day-to-day workings of the immigration tribunals. Above is a discussion with Emily Dugan of BuzzFeed News, a journalist with a long-standing interest in immigration and asylum iss ...

13th February 2018 By

Upper Tribunal to reconsider blanket extensions of time for Home Office in judicial review cases

The Upper Tribunal is on the hunt for examples of Home Office delay in formally responding to judicial review cases taken against it. Immigration and Asylum Chamber President Peter Lane is keen to look again at the 2014 Kumar decision that granted gov ...

7th February 2018 By

Judicial appointments latest: presenting officer becomes immigration judge

Another five salaried judges have been appointed to the First-tier Tribunal (Immigration and Asylum Chamber) in the past fortnight, all to be based in London. Joe Neville, 37, solicitor turned barrister. A former legal blogger – which activ ...

7th February 2018 By

NHS immigration health surcharge to double but details thin on the ground

The government has announced that the controversial health surcharge paid by applicants for entry clearance or leave to remain is to double. The main rate will go from £200 a year to £400 a year, with students and those on the Youth Mobility Sc ...

5th February 2018 By

Refugees with criminal records are being told it’s safe to go home

Countries are being declared safe for refugees to return to, but only if they have criminal records, a new report by the government’s immigration inspector suggests. The Independent Chief Inspector of Borders and Immigration, David Bolt, found t ...

31st January 2018 By

Government feeling the pressure of immigration litigation costs

The Home Office is struggling to control the cost of legal fees and compensation for immigration cases, an independent report says. One of the three inspection reports released today by David Bolt, Independent Chief Inspector of Borders and Immigrati ...

30th January 2018 By

Immigration advice regulator attacks Home Office

The head of the organisation that regulates immigration advisers has hit out at the Home Office, accusing the department of failing to make basic decisions about what the regulator is allowed to do. Dr Ian Leigh said that “unacceptable delay in ...

30th January 2018 By

Fundamental problems with asylum country of origin information, Chief Inspector Bolt finds

The Independent Chief Inspector of Borders and Immigration has urged the Home Office to fundamentally overhaul the country of origin information it gives to officials making asylum decisions. David Bolt’s latest report, published today, says tha ...

30th January 2018 By

Home Office loses out on costs over “clear and inexcusable” litigation delay

A challenge to the lawfulness of immigration detention in R (Shote) v Secretary of State for the Home Department [2018] EWHC 87 (Admin), decided today, was unsuccessful. But Michael Fordham QC, sitting as a Deputy High Court judge, declined to make a ...

23rd January 2018 By

Expert immigration committee left understaffed for over a year

A crack committee of experts charged with advising the government on immigration policy has had an unfilled position for the past 15 months. The five members of the Migration Advisory Committee – a chair and four other independent economists  ...

18th January 2018 By

New edition of the Right to Remain Toolkit launched

The latest print edition of Right to Remain’s immigration Toolkit is out. It comes highly recommended by Colin. The civil society group’s Luke Butterly has more: The Toolkit is a unique, plain language guide to the UK asylum and immigratio ...

16th January 2018 By

Government should challenge immigration myths, MPs say

The government needs to do more to challenge myths and misconceptions about the impact of immigration to the UK, a new report by a committee of MPs says. In a wide-ranging survey of the political landscape, the influential Home Affair Committee recomm ...

15th January 2018 By

Black belt barrister among new First-tier Tribunal judges

Eleven salaried immigration judges have been appointed to the First-tier Tribunal. They are as follows: London Neeti Haria, 55, solicitor. Previously held various fee-paid roles, including in the immigration and asylum chamber. John Keith, 43, solicit ...

15th January 2018 By

Same-sex spouses should benefit from free movement, EU Advocate General says

Some excitement at this opinion of Advocate General Wathelet at the Court of Justice of the European Union: According to Advocate General Wathelet, the term ‘spouse’ includes, in the light of the freedom of residence of citizens of the EU and the ...

11th January 2018 By

Caroline Nokes takes over as immigration minister

Caroline Nokes MP is the new Minister of State for Immigration at the Home Office. Caroline Nokes MP attends Cabinet as Minister of State for Immigration @UKHomeOffice #CabinetReshuffle pic.twitter.com/znTKowS45M — UK Prime Minister (@Number10go ...

9th January 2018 By

Another immigration solicitor struck off over tactical judicial reviews

The Solicitors Disciplinary Tribunal has struck off an East London solicitor for abuse of the judicial review process. Azfar Naseem Bajwa, who practised as A Bajwa & Co in Whitechapel, was accused of filing hopeless JRs in order to get clients out ...

21st December 2017 By

New code of practice on freezing immigrants’ bank accounts

The Home Office today published guidance for caseworkers on when to apply for a court order freezing the bank account of someone alleged to be in the UK unlawfully. A freezing order under section 40C(2) of the Immigration Act 2014 “prohibits ea ...

20th December 2017 By

Northern Ireland appeal case on “Chen parents” referred to EU court

The case of an Albanian couple living in Northern Ireland has been referred to Luxembourg over a conflict between English, Irish and European Union law. The decision of the Court of Justice of the European Union in their case could help thousands of o ...

15th December 2017 By

Brexit citizens’ rights deal near completion

In the early hours of this morning the British government and European Commission agreed, to much media fanfare, a joint report on Brexit negotiations. The Commission will now recommend to the European Council – the 27 national leaders – t ...

8th December 2017 By

People accused of ETS cheating have in-country right of challenge

The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of cheating on the TOEIC English language test and threatened with removal from the UK have the right to challenge tha ...

5th December 2017 By

Immigration judges denounce detention system in Bar Council report

The numbers of people in immigration detention have increased in the last decade. The UK has one of the largest immigration detention systems in Europe. There is no time limit. So opens a Bar Council report on Injustice in Immigration Detention, publ ...

30th November 2017 By

Six things we learned from today’s migration statistics

1. This was the biggest annual drop in net migration ever recorded The difference between the number of people coming to live in the UK and the number leaving to live abroad was put at 336,000 in the 12 months to June 2016. Fast forward 12 months, and ...

30th November 2017 By