Future behaviour and the Refugee Convention

HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department [2010] UKSC 31 represents a fundamental change in UK asylum law. The previous settlement, established by the case of Iftikar Ahmed [2000] INLR 1, was a very British and pragmatic ...

12th July 2010 By

English UK challenge successful

Firstly, I am well aware that this blog is seriously behind with a lot of the developments that have taken place in the last fortnight. And a lot has happened. I’ve actually read more or less everything now (iPad + public transport to far flung ...

10th July 2010 By

Big Gay Case Allowed

UPDATE: see proper post here with analysis. Sorry for the headline, which is in fact an accurate description of what has happened. Although from the half of the judgment I’ve managed to read so far, their Lordships prefer to refer to ‘prac ...

7th July 2010 By

Free Movement is away

...

25th June 2010 By

Points Based System appeal succeeds

The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went along to and reported on part of the hearing. The case is Secretary of State for the Home Department ...

23rd June 2010 By

RMJ demo at MoJ

The union at RMJ is organising a demonstration outside the Ministry of Justice tomorrow. See you there? It is ages since I’ve been to a demonstration. I think the last one may have been at Campsfield when I was a student. Demonstrate Against Lik ...

17th June 2010 By

The end for RMJ?

Refugee and Migrant Justice, formerly known as the Refugee Legal Centre, has gone into administration today. As a lawyer specialising in immigration and family work I have no idea what this means in commercial terms and whether it is now too late to s ...

15th June 2010 By

English language compulsory for spouses

The new Government is making it a requirement that all spouses coming to the UK will need to know a minimum level of English. That wasn’t in the coalition immigration policy document. I wonder what else they have up their sleeves that wasn’ ...

8th June 2010 By

Withdrawing representation

I re-Tweeted this a few days ago but thought it was worth highlighting for those who (arguably sensibly) do not follow the Free Movement Twitter account. The Times reported a case called Richard Buxton (Solicitors) v Mills-Owens & Anor [2010] EWCA ...

8th June 2010 By

Challenge to new language requirements

UPDATE: challenge successful. Penningtons have dropped me a line with some interesting information about a challenge to the new English language requirements for foreign Tier 4 students. The challenge is being brought by English UK, a national associa ...

3rd June 2010 By

Points Based System hearing

[UPDATE: read about result here] I dropped into court this afternoon to see how the PBS challenge was going. Unfortunately I missed what sounds like a masterclass in the morning from Michael Fordham QC, who led the assault on the vires of the entire P ...

25th May 2010 By

Permanent right of residence

Attorney General Trstenjak has given his opinion in the Lassal case (referred to the ECJ by the Court of Appeal) and has concluded that five years of residence under previous Directives does impart a right of permanent residence under the Citizens Dir ...

25th May 2010 By

No notice removals suspended

No-notice removals have been suspended following a legal challenge brought by Medical Justice. The no-notice policy has been covered here previously and was the subject of a damning judgment by Mr Justice Collins when two children were taken from fo ...

23rd May 2010 By

New immigration policies

The more detailed coalition government programme is now available. The immigration section doesn’t look too bad so far but is, inevitably in a general purpose document of this nature, very sketchy. The commitment to ending child detention for im ...

20th May 2010 By

Hopeless helpline

This bit of BBC research will come as no surprise to anyone who has attempted to use a UKBA helpline. The waiting time for a phone call to the UK Border Agency is almost seven minutes and then 70% of calls are abandoned or go unanswered. It is all but ...

13th May 2010 By

Clean sweep

A sign of things to come: Following the UK general election on 6 May 2010, the UK Border Agency website has undergone some changes. All news stories published before April 2010 have been removed from this website, as has information about our strategi ...

13th May 2010 By

ZN (Afghanistan) judgment handed down

Supreme Court press release here and judgment here. The reasoning is remarkably short: the Court simply disagrees with Laws LJ on the ordinary and natural meaning of the words ‘has been granted asylum’. ...

12th May 2010 By

New Government

[UPDATE: The ‘Lib’ ‘Dems’ have agreed to a cap on non-EU immigration as part of the coalition deal. So, if too many people bring spouses and children in, the rest will have to wait until next year, and multi-national businesses ...

11th May 2010 By

Upcoming Supreme Court judgments

Quick alert courtesy of the Supreme Court website. Judgment in ZN (Afghanistan) is at last to be handed down tomorrow, and the Court is today starting a three day hearing of appeals against HJ (Iran) and HT (Cameroon) [2009] EWCA Civ 172, on the issu ...

10th May 2010 By

A poor immigration history

Today seems an auspicious day to examine Labour’s recent immigration history. At first glance it may appear that Labour has been generous on immigration policy in recent times. In some respects this is right. Immigration has certainly increased sinc ...

6th May 2010 By

Driven From Home

I have received the following email and I’m happy to bring it to the attention of readers: I am writing to alert you the recent publication of Driven from Home: Protecting the Rights of Forced Migrants by David Hollenbach, SJ, a book that may b ...

30th April 2010 By

Stats

I’m up late this evening with plenty more work still do to, and like many bloggers (er, all of us, I suspect) will check my blog stats in idle moments. It’s all part of the narcissistic nature of the beast. An old colleague once teased me ...

30th April 2010 By

Misfeasance in public office

UKBA got away with an appeal against a finding of misfeasance in public office in the new case of Muuse v Secretary of State for the Home Department [2010] EWCA Civ 453, but lost on the award of exemplary damages. In the course of judgment Lord Justic ...

28th April 2010 By

Removals to war zones

The Court of Appeal has again revisited the vexed question of removals to war torn countries like Somalia in the major new case of HH (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 426. The issues at stake have also been the su ...

27th April 2010 By

No PO… still

There was another story on the scarcity of Home Office Presenting Officers, this time in The Sunday Times. I’ve blogged about this before. They do seem to be a bit of an endangered species at the moment, and unlike most animals on the endangered ...

26th April 2010 By

Sea change needed on detention

A sea change is needed on the detention of foreign nationals in the United Kingdom. Periods of detention have grown and grown in recent years. The Home Office never ask ‘should we detain this person’, they merely ask ‘can we detain this person. ...

22nd April 2010 By

Major Article 8 case law

There have been two interesting recent cases on Article 8. The most recent and far and away most important is SS (India) v Secretary of State for the Home Department [2010] EWCA Civ 388, handed down yesterday. The Court of Appeal holds that the now wi ...

16th April 2010 By

I ? MIGRANTS

Free Movement has been asked to highlight the I ? MIGRANTS campaign and upcoming launch event and is very happy to do so. The campaign is run by JCWI and the launch event is at the Foundry Club in Old Street, East London on Thursday, April 29. I quote ...

15th April 2010 By

Two Minute Hate: Criminals and Immigrants

No responsible politician or political party would have a section of their manifesto for the coming election entitled ‘Crime and Immigration’, thereby lumping the two issues (and sets of people) together in an unholy juxtapositioning that ...

14th April 2010 By

Permission to appeal in MS (Somalia)

Just a quick alerter post. This actually happened a couple of weeks ago but I was insanely busy at the time, then forgot to mention it. Permission was granted by the Court of Appeal in MS and others (family reunion: “in order to seek asylum”) Soma ...

13th April 2010 By

Human rights claims and rights of appeal

  BA (Nigeria) [2009] UKSC 7 in the Supreme Court did not create a right of appeal against refusal of a human rights claim. A right of appeal to the tribunal can only ever exist where an ‘immigration decision’ is made, as exhaustively and (a ...

12th April 2010 By

Free Movement Too

In the really very small world of UK immigration websites, someone has seen fit to set up another one called Free Movement. I’ve tried politely getting in touch but have received no response. It seems that there has been some sort of bust up at NCAD ...

7th April 2010 By

Greek case dismissed

The Big Fat Greek Test Case has been dismissed. Read all about it here. Permission has been granted to appeal to the Court of Appeal, though. No news on what will happen to other cases stayed behind Saaedi but they’ll probably stay stayed. Read ...

31st March 2010 By

Barristers on the move

This falls firmly into the gossip category. Please accept my apologies, the more serious minded amongst you. There have been a number of barristers moving chambers recently. It is such a small world that it is just about worthy of mention, I reckon. T ...

30th March 2010 By

New policy document on children

A new previously undisclosed UKBA policy on children has come to light, brought to you courtesy of the Freedom of Information Act and What Do They Know? The policy is entitled Children and Family Process Instruction and specifically relates to the Cri ...

26th March 2010 By

Migration blues

This is brilliant. Looks like a fun day at the Public Enquiry Office to me. [youtube=http://www.youtube.com/watch?v=UfQbvn2ACzc] It is In Your Hands by Charlie Winston, and apparently it reached the top ten in France. Many thanks to the correspondent ...

22nd March 2010 By

More rule changes and spouse visa age travesty

Yet more changes to the rules. Haven’t had a chance to look properly as I am on my way to Liverpool right now but the press release suggests tightening up of Tiers 1 and 2 and a further spouse visa age travesty. The full Statement of Changes to ...

18th March 2010 By

Greek third country cases

The Council of Europe’s Commissioner for Human Rights has intervened in a Strasbourg case on Greek refugee protection – or rather lack of it: The Commissioner concluded that current asylum law and practice in Greece are not in compliance ...

18th March 2010 By

New Supreme Court judgement: exclusion clauses

Judgment is out in JS (Sri Lanka), an appeal to the Supreme Court from KJ (Sri Lanka) in the Court of Appeal. Judgment here, summary here. The Secretary of State’s appeal was dismissed and the Court of Appeal judgment largely upheld, other than ...

17th March 2010 By

Same day removals condemned

Further to my alerter post on this last month, the judgment is now available in the damning Third Country removals case on children. It is called R (on the application of T) v Secretary of State for the Home Department [2010] EWHC 435 (Admin). As exp ...

12th March 2010 By