Possible warning for tribunal?

Quick post to flag up a piece over on the HJT Training blog which may be of interest to Free Movement readers. It concerns a case where the High Court deals with the effect of a tribunal determination on those who were not parties to the case. In shor ...

21st December 2010 By

Round up

There have been two big developments in the last week or so: the ‘ending’ of child detention and the successful challenge to the temporary mad cap (as I link to think of it). On child detention, Alan Travis of The Guardian was clearly well ...

21st December 2010 By

David Burgess

I have struggled to write anything that would do justice to the late David Burgess, who died a few weeks ago. I cannot let his death pass without acknowledgement on this website, though. He died under an underground train and murder charges have been ...

15th December 2010 By

Doctors Ditched by Home Office

A doctor ‘is no longer considered an acceptable professional person’ by the Home Office. The quotation is taken directly from an email from a policy adviser in the UKBA Nationality Group. Doctors were quietly dropped from mention in the applicatio ...

10th December 2010 By

Settlement rules for spouses

[UPDATED: to include link to case] I won a case in the Upper Tribunal the other day that I think is worth sharing. Despite, or perhaps because of, the wide(ish) effect of the findings it seems unlikely to be approved for reporting by the UT’s sh ...

7th December 2010 By

Goodbye Woolas

It is a shame to come back on a sour note, but it is difficult not to be cheerful about the ruin of Phil Woolas, ex Immigration Minister. He has been stripped of his constituency, barred from standing for public office for three years and has earned h ...

5th December 2010 By

Future of Free Movement

I have decided that I will revive Free Movement in some shape or form in the near future, although not quite yet. There is just too much going on at the moment in immigration law to abandon the blog and I’ve been really touched and amazed by the ...

20th November 2010 By

Winding down

I have taken the surprisingly easy decision to wind down Free Movement. For reasons that continue to escape me and which have never been explained by John O, formerly of NCADC, he left that organisation in April 2010 and set up a website called, imagi ...

4th October 2010 By

New Immigration Rules laid

New Immigration Rules have just been laid in Statement of Changes CM 7944. The main change is that the English language requirement for spouses and partners has been introduced, as expected. It takes effect for new applications made on or after 29 Nov ...

1st October 2010 By

Zimbabwe removals still suspended

As recently as 14 September 2010 the Government’s position was that it is not enforcing returns to Zimbabwe. In a debate in the Commons on that day the following question and answer were given: Keith Vaz (Leicester East) (Lab): Given the critica ...

29th September 2010 By

Entry clearance deception refusals

Practitioners have seen a considerable increase in the number of applications for entry clearance that have been refused on the general grounds for refusal. The reasons are often opaque at best. Some simply refer to the contents of a Document Verifica ...

29th September 2010 By

New Zimbabwe fact finding report

UKBA has published a new fact finding report on the situation in Zimbabwe. It is, probably not by co-incidence, just in time for the new test case on Zimbabwe, due to begin on 20 October 2010 and in which the Immigration Advosory Service are again act ...

28th September 2010 By

Eliza Doolittle Exposed As Cockney Flower Girl Shocker

The methods and reports of controversial linguistic analysis company Sprakab, based in Sweden and used by UKBA in disputed nationality asylum cases, have been warmly endorsed by the tribunal in the case RB (Linguistic evidence Sprakab) Somalia [2010] ...

27th September 2010 By

New Iraqi Country Guideline case out

The tribunal has held that it is safe to return to Iraq. In HM and Others (Article 15(c)) Iraq CG [2010] UKUT 331 (IAC) President Blake finds that The degree of indiscriminate violence characterising the current armed conflict taking place in Iraq is ...

23rd September 2010 By

Removals to Greece suspended

The Government has confirmed that removals to Greece under the Dublin II Regulation have been suspended pending the outcome of the test case. This comes following a number of recent news items on the calamity that is the Greek asylum ‘systemR ...

22nd September 2010 By

New policy on children

UKBA has published a new policy on dealing with children, specifically asylum applications by unaccompanied children. It went ‘live’ on 1 September 2010 and can be found with the earlier link or in the Asylum Process Guidance Special Cases ...

14th September 2010 By

Fees going up again

Substantial rises are set for most immigration fees on 1 October 2010, on the basis of the laughable justification that UKBA ‘want to ensure that we can offer a good level of customer service’. They also openly state that the increases are ...

9th September 2010 By

Adverts on Free Movement

It has come to my attention that Google Ads sometimes (or possibly always) show on Free Movement to those not already logged in as WordPress users – i.e. everyone except me sometimes sees Google Ads on my blog, basically. This blog is hosted mai ...

7th September 2010 By

Lions Led By Donkeys?

The tragic demise of Refugee and Migrant Justice, formerly known as the Refugee Legal Centre, leaves a gaping and unfillable void in the immigration sector. With its higher than average success rate and top notch training and nurturing programme for a ...

7th September 2010 By

New PBS cases

The tribunal has allowed two appeals on the basis that Pankina does not only apply to the three month rule and that all an applicant need do is comply with the requirements of the Immigration Rules themselves. See FA and AA (PBS effect of Pankina) Nig ...

6th September 2010 By

Immigration Judges and Migration Watch

I am back from my very pleasant holidays and thought I would kick off what feels like a new season with some juicy gossip. Many lawyers in the sector will know that ex immigration judges (then plain old adjudicators, in fact) Patricia Skitmore, John D ...

6th September 2010 By

Right to work for asylum seekers

UKBA has laid Statement of Changes CM7929 to give effect (or, at least, limited effect) to the judgment of the Supreme Court in ZO (Somalia) [2010] UKSC 36. This was the case in which the Court held that an asylum claim is still an asylum claim for th ...

23rd August 2010 By

Post Pankina Rules Update

Following Pankina, UKBA laid Statement of Changes HC 382, different parts of which came into effect on 23 July and 12 August 2010. The main changes were to incorporate into the main Immigration Rules some provisions that had previously featured only i ...

23rd August 2010 By

Temporary immigration cap

I still use this blog as my own personal note book of developments I might well want to look up later. I’m currently updating and re-writing the HJT Immigration Manual (ready first week of September in time for the next round of accreditation, a ...

23rd August 2010 By

UKBA seek feedback on settlement application process

Anyone with recent experience of applying for settlement may wish to help UKBA by completing a feedback form, available here. ...

17th August 2010 By

Rights of children a primary consideration

Yet more good news, this time for children and their parents. In LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) the President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the UN Convention on the Ri ...

12th August 2010 By

Post flight spouses of refugees

Some tremendously good news for many refugees: in the new case of FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC) the tribunal has found that Article 8 appeals by the spouses of refugees who married the refugee after the refugee left the country o ...

11th August 2010 By

Zimbabwe test case: RN affirmed

Plainly the ratio of HJ is not limited just to sexual orientation cases but will apply to all grounds covered by the Convention. I thought it might be interesting to start with that quotation from the paragraph 38 of TM (Zimbabwe) & Ors v Secretar ...

30th July 2010 By

RMJ administration

I’ve been silent on this so far for fear of losing my rag. There is much distress still, and criticism of the administrators seems to be growing. Alan George and George Joffe are seeking to hold the Legal Services Commission directly responsible ...

30th July 2010 By

No notice removals case

R (on the application of Medical Justice) v Secretary of State for the Home Department [2010] EWHC 1925 (Admin) should be a wake up call to civil servants at UKBA and Ministers in the new Government. The High Court declared unlawful the Home Office po ...

30th July 2010 By

Louise Perrett complaints rejected

An unpublished UKBA internal investigation has rejected the complaints made by Louise Perrett about the Cardiff asylum team. A summary has been made available. The existence of the ‘grant monkey’ was confirmed, but seems to have been foun ...

29th July 2010 By

Certificates of Approval to be scrapped

The Home Office has announced that Certificates of Approval will be scrapped in late 2010 or early 2011. This is a belated implementation of the House of Lords judgment in Baiai, handed down exactly two years ago tomorrow, in which their Lordships hel ...

29th July 2010 By

Right to work for asylum seekers confirmed

The Home Office appeal to the Supreme Court in ZO (Somalia) [2010] UKSC 36 has been dismissed. This confirms that in cases where a fresh asylum claim has been made and no decision was reached for a year, the asylum seeker obtains a right to work unde ...

28th July 2010 By

Damning reports by Chief Inspector

The concisely monikered Chief Inspector of the UK Border Agency yesterday published two very critical reports on UKBA operations. One was on the visa operation in Pakistan and the other was on removals of families. These reports were actually complete ...

28th July 2010 By

More big cases

I can’t keep up! If things ever quieten down I’ll do a few more weighty analysis posts but in the meantime these alerter ones must suffice. Firstly, the Medical Justice challenge to no-notice removals has succeeded: R (on the application ...

27th July 2010 By

New rules sidestep Pankina and English UK

The Government has laid a new Statement of Changes (HC 382) that incorporates the parts of the Points Based System policy guidance ruled unlawful in the Pankina and English UK cases. This reinstitutes the three month £800 requirement and the minimum ...

23rd July 2010 By

PBS decision not being appealed

The Points Based System test case, Pankina, is not being appealed by UKBA. This has been confirmed by Treasury Solicitors. Interim guidance has apparently been issued to UKBA caseworkers. More information and links if/when I get a chance. ...

21st July 2010 By

Effect on family members

The related House of Lords decisions of June 2008 (Beoku-Betts, Chikwamba and EB (Kosovo)) should have brought about a sea change in the approach of the Home Office and the immigration tribunal to human rights issues. While there have been improvement ...

15th July 2010 By

Domestic violence case

I’ve been so busy I forgot to post a link to this recent piece on The Guardian’s Comment Is Free site. I have an excuse to mention that now because the Court of Appeal has considered and rejected an appeal against findings by Immigration J ...

14th July 2010 By

Meaning of ‘false representation’: AA Nigeria case

The Court of Appeal has adopted a helpfully limited approach to the meaning of ‘false representation’ in Immigration Rules 320(7A) and 322(1A), restricting it to cases of deliberate falsehood rather than accidental mistake. The case is AA ...

13th July 2010 By
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