New cases

A raft of cases has come out in the last week or so, so it is high time for a round up. I’ll start with two cases from the Court of Appeal followed by the headnotes from a series of mundane tribunal determinations. One wonders why some of these ...

4th April 2011 By

Lumba: Pyrrhic victory?

In the case of Lumba v Secretary of State for the Home Department [2011] UKSC 12 the Supreme Court has held that it was unlawful to detain foreign prisoners under a secret policy which was the precise reverse of the publicly declared policy. However, ...

1st April 2011 By

No strings attached

The Government would like students to come to the UK, pay their overseas tuition fees (and a few immigration fees along the way) and then, as the great Meatloaf would put it, be gone when the morning comes. Despite the general reputation of students f ...

31st March 2011 By

Legacy exercise outcomes revealed

[UPDATE 31/3/11: see Comments below for further information and updates] This interesting snippet of information recently came my way and I thought it was worth sharing. A Freedom of Information request recently revealed outcomes to the Legacy backlog ...

30th March 2011 By

Quila heads for Supreme Court

Permission has been granted to the Secretary of State to appeal to the Supreme Court against the judgment of the Court of Appeal in the case of Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482, concerning the increase ...

29th March 2011 By

Children, family tracing and section 55

Firstly, I should apologise for getting behind with my updates. I have nominally been on holiday this last week and my internet connection, perhaps fortuitously for my holiday, died unexpectedly half way through. Briefly, we have seen a major judgment ...

25th March 2011 By

Critical reports published on Amman and Istanbul

The Chief Inspector of UKBA has today published critical reports of the entry clearance operations at Amman in Jordan and Istanbul in Turkey. Click here for press release, here for the report on Amman and here for the report on Istanbul. In Amman, 55% ...

17th March 2011 By

Buy your way in

The Government has announced a new ‘red carpet’ approach to immigration for the super rich: From April 6, investors who come to the UK and invest £5m will be allowed to settle here after three years and those that invest £10m or more wil ...

16th March 2011 By

New Zimbabwe Country Guidance out

The long awaited new Country Guidance case on Zimbabwe is finally out: EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) (BAILII link here). It includes interesting guidance not only on Zimbabwean asylum claims but also on dealing with cases ...

14th March 2011 By

iLegal legislation app review

The team behind the iLegal legislation app for iPhones and iPads has been kind enough to provide me with a review copy and I’ve had it running for nearly a week now. It is simple but effective little app that in essence provides an offline versi ...

13th March 2011 By

Damages denied for deprivation of permission to work

Mr Justice Collins has rejected a claim for damages by an asylum seeker who was kept waiting for over a year for a decision on his claim and whose application for permission to work was not decided by the Home Office. The case is R (on the applicatio ...

8th March 2011 By

Other Family Members issue referred to ECJ

The Upper Tribunal has finally referred the vexed question of the rights of ‘other family members’ (or ‘extended family members’ in the domestic EEA regulations) to the European Court of Justice. The reference was made by Mr Ju ...

4th March 2011 By

Fresh claim judicial reviews transferred to Upper Tribunal

The date has finally been announced for transfer of fresh claim judicial reviews into the Upper Tribunal: 1 October 2011. This has been coming for some time and seems to have been held up by some confusion over the effect of BA (Nigeria). Section 53 o ...

4th March 2011 By

Libyans in the UK: update

The advice page on the UK Border Agency website for Libyans in the UK has been updated so that is now a bit more acceptable. It previously advised Libyans whose visas were reaching an end to leave the UK ‘as soon as possible’. See previous ...

1st March 2011 By

No return rule to be modified

There have been a number of interesting announcements by UKBA today, which I will add to the blog once I’ve had time to digest and consider. Most of them surround child detention and what is now being termed the ‘family returns processR ...

1st March 2011 By

Refusal with no right of appeal revisited

This is a problem that has been addressed previously on the blog: what can be done when a person makes an immigration application but for technical legal reasons is not granted a right of appeal to the tribunal? See this previous post. The problem has ...

28th February 2011 By

Libyans in the UK: ‘piss off’

[UPDATE: see more recent post] Remarkable: “The UK Border Agency is aware that the visas of some Libyans may expire before they are able to leave the UK, due to the current situation in Libya. Travellers transiting through Libya to other countri ...

25th February 2011 By

Points Based System survey results

The Home Office have published the results of a survey on the Points Based System (full report, summary, both as pdfs). It makes interesting reading. Well, I say “interesting”, I actually mean “terribly dull unless you are freakishly ...

25th February 2011 By

Medical treatment case: look away now

This is stomach turning stuff, I’m afraid, and has left me quivering with anger. A new case on Article 3 has just been reported: GS (Article 3 – health exceptionality) India [2011] UKUT 35 (IAC) The facts of the case and the medical eviden ...

24th February 2011 By

Family proceedings and immigration cases

An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings – discretionary leave) Morocco [2010] UKUT 439 (IAC) (28 September 2010). In it, the Upper Tribun ...

24th February 2011 By

Mirza and Daley-Murdock

Quick alerter post, to be amended later: judgment in R (on the application of Daley-Murdock) v Secretary of State for the Home Department [2011] EWCA Civ 161  is now available on BAILII and it looks like Mirza will follow soon. They were heard as c ...

23rd February 2011 By

Quila and the spouse visa age

There have been several quite distraught sounding commenters on my previous piece on the outcome of the Quila case, which is understandably causing confusion. I thought it might be useful to set out what I understand to be the current legal position. ...

23rd February 2011 By

Entry clearance discrimination authorised

  Immigration Minister Damian Green has authorised discrimination by visa officers on the basis of nationality. This follows on from a finding last year by John Vine, Chief Inspector of the UK Border Agency, that visa officers were discriminating ...

18th February 2011 By

New look

After a grand total of 50 votes, 74% of which were in favour of the new look, the new look is duly adopted. The four of you who hate the new look so much you plan to set up yet further ‘free movement’ immigration blog and update sites, goo ...

13th February 2011 By

Access to Justice

As you may be aware, the deadline for responding within the Legal Aid Proposed Cuts consultation is imminent i.e. 12pm 14.02.2011.  If you have not done so already, may I urge all legal aid firms, not-for-profit organisations and supporters of legal ...

10th February 2011 By

Blog news

As some may have noticed, I’ve made a few minor changes to the blog in the last few days. I’ve added new pages about instructing the barristers here at Renaissance Chambers, both for solicitors and members of the public, and about contribu ...

8th February 2011 By

Doing the right thing?

I’ve just been in court doing yet another case where a solicitor has advised a client to do the ‘right’ thing and go abroad to make an application for entry clearance. This is common in spouse cases and I have myself advised clients ...

8th February 2011 By

Child asylum claims take LONGER to process

In what to me is a shocking development, we learn through the case of R (on the application of AO) v Secretary of State for the Home Department [2011] EWHC 110 (Admin) (28 January 2011) that it actually takes the UK Border Agency longer to process a ...

7th February 2011 By

Best interests of children: new Supreme Court case

The Supreme Court has today handed down judgment in a major case on the best interests of children generally and the best interests of British Citizen children specifically. ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4 fina ...

1st February 2011 By

Tribunal catch up

There have been a few quite interesting tribunal determinations recently, which I have overlooked for various reasons. I thought it was high time for a catch up, otherwise I’ll never force myself to sit down and digest them. MJB (Inability to pr ...

26th January 2011 By

Discrimination in Pakistan entry clearance cases

In his report late last year on the entry clearance operation based in Abu Dhabi, the ‘hub’ for processing claims from Pakistan and several Gulf states, the Chief Inspector of UKBA, John Vine, made a stark finding of racial discrimination by Entry ...

24th January 2011 By

Returns to Greece unlawful, says Strasbourg

The European Court of Human Rights has just held that it is unlawful to send asylum seekers to Greece under what is widely known as the ‘Dublin II’ Regulation for their asylum claims to be processed there. The case is MSS v Greece and Belg ...

21st January 2011 By

Litigation, the law and UKBA

I gave a short presentation this morning to John Vine, the Chief Inspector of UKBA. I thought I’d share it with you. It lacks a certain something without my narration, I feel, but it at least gives you the gist. The presentation was based on ILP ...

18th January 2011 By

Detention of children

The routine detention of immigrant children by the last Government was a disgrace. Claimed changes to detention policy by the current incumbents and the recent case of R (on the application of Suppiah) v Secretary of State for the Home Department [201 ...

14th January 2011 By

MoJ Proposals for legal aid cuts

With New Year Celebrations follow the dreaded New Year Resolutions, well for most of us anyway… And so this year, it is my task today to remind and urge as many of you as possible to respond within the consultation to the Green Paper proposing d ...

12th January 2011 By

2010 in review

Happy New Year to you all. May 2011 usher in a new era of sanity in UK immigration law and practice… WordPress, through whom this blog is hosted, have been kind enough to send me an automated email to report on 2010 – see below. I’m ...

4th January 2011 By

Jesus refused asylum: full decision letter leaked

Although not quite on the scale of Wikileaks, Free Movement can today publish a confidential leaked document from the UK Government. It is entirely in keeping with the traditional Home Office practice of bundling as many immigrants out of the country ...

24th December 2010 By

IJs should not raise mandatory refusals themselves

Many thanks to David Chirico for showing me this case (who I understand was in turn tipped off by Muhunthan Paramesvaran at Wilson and Co), and to Seema Farazi (of Doughty Street) for arguing it. Why it has not been reported, one can only speculate. A ...

23rd December 2010 By

Major case on section 55

I’m a bit behind the times at the moment for all sorts of reasons (giving up blog, lots happening in immigration law, having first baby) and this is one of the important cases that slipped under my radar while I was away. In the case of R (on t ...

22nd December 2010 By

Quila appeal succeeds!

The Court of Appeal has declared unlawful the application of the increased spouse visa age to the appellants in the Quila appeal. The judgment is available now: Quila & Anor v Secretary of State for the Home Department [2010] EWCA Civ 1482 (21 De ...

21st December 2010 By
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