New long residence case

In the case of MD (Jamaica) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 213 the Court of Appeal has dismissed two appeals against refusals under the long residence immigration rules. In both cases the immigrants had short g ...

11th March 2010 By

New fresh claims case

The Court of Appeal has re-visited the proper approach to deciding whether fresh asylum claims meet the rule 353 test. The case is R (on the application of YH) v Secretary of State for the Home Department [2010] EWCA Civ 116 and it effectively superse ...

9th March 2010 By

Cross examination

I’ve just seen the first half decent cross examination by a Presenting Officer that I can remember in a long time. This is partly because Presenting Officers are an endangered and rarely encountered species these days, but largely because they a ...

8th March 2010 By

Vacuous and banal

That’s Twitter for you. Or so I thought… Long term and very observant readers may have noticed a brief and unsuccessful experiment with Twitter some months ago, where I thought creating an intelligent (i.e. authored rather than automatic) ...

3rd March 2010 By

New immigration silks

Hugh Southey of Tooks Chambers, Stephen Knafler of Garden Court Chambers and Raza Husain of Matrix have all been appointed Queen’s Counsel, the highest accolade for a barrister. All three do plenty of non immigration work, I believe, but are ver ...

2nd March 2010 By

Rules change to be debated

The Lib Dems have tabled an objection to the latest Immigration Rules changes, covered earlier here on the blog. Under the ‘scrutiny-lite’ negative resolution procedure by which the rules become law there will therefore, unusually, be a de ...

25th February 2010 By

Damning judgment on removal of children

Mr Justice Collins has given a scathing judgment in a grant of permission to a judicial review challenge to the practice of the Home Office’s Third Country Unit (TCU) in detaining and removing children to supposedly safe third countries such as ...

19th February 2010 By

Mandatory refusals and contriving to frustrate

I’ve just come across an interesting little judgment on mandatory refusal cases. It is only a permission decision so it has limited precedent value, but it is worth highlighting. The case is SA (Pakistan) v SSHD [2009] EWCA Civ 1510 and concerns ...

18th February 2010 By

New tribunal rules and procedure

I’ve been working on new training notes and having fun (noooooo!) deleting all of the references to the unlamented Asylum and Immigration Tribunal for the next edition of the HJT Immigration Manual. I thought I would share some of the fruits of ...

17th February 2010 By

ECO loses in Supreme Court

The appeal to the Supreme Court against the Court of Appeal judgment in DL (DRC) and ZN (Afghanistan) [2008] EWCA Civ 1420 succeeded yesterday, on the day it was heard. Judgment is to follow. The case turns on the question of whether a recognised ref ...

16th February 2010 By

New student rules

After being trailed on breakfast TV, the new rules on students were eventually more formally announced last week. It seems the education sector is in for a double whammy. The Points Based System gets worse and worse and excludes more and more fee-payi ...

15th February 2010 By

3rd country cases

There were developments last week in the world of third country removal cases, and now seems like a good moment to review the current position. The Dublin II Regulation (not its official title) enables EU states to return an asylum seeker to the count ...

13th February 2010 By

AIT backlog

No time for proper posting right now, too much to do. Although I do have some long train journeys looming ahead of me… I heard today in court that the reason why second stage reconsideration cases are being brought forward is because after 15 Fe ...

11th February 2010 By

Culture of disbelief

Claims have emerged from a UKBA staff member previously based at Cardiff that her colleagues were abusive to asylum seekers both to their faces and behind their backs when discussing their applications. The claims are detailed, specific and plausible. ...

3rd February 2010 By

Family life

I thought I’d highlight another case that came out before Christmas and which I didn’t have time to write up at the time. I’m sometimes asked where I find the time to write this blog. Today is a good example: I’ve prepped my ca ...

1st February 2010 By

Re-accreditation woes

I’m reluctant to post on this as it causing so much anger in the sector at the moment and spilled blood seems quite possible right now. I’d rather it wasn’t mine. In order to undertake publicly funded immigration work, a person must ...

29th January 2010 By

Rule 320 case law

The first case I’ve seen dealing with the notorious Immigration Rule 320 no-return provisions came out shortly before Christmas, although judgment was actually handed down ages ago, in April 2009. The case is MA (Nigeria) v Secretary of State fo ...

28th January 2010 By

More long residence case law

I’m back and even have time on my hands to do some catching up, as a three day case just went very short on me. Quite a lot seems to have happened in the last month. I thought I would start with the case of JO (Uganda) v Secretary of State for ...

27th January 2010 By

Museum of immigration

I’ve just visited the Immigration Museum in Melbourne, Australia. It is based in one of the city’s grand buildings, and one which is tied to the subject matter: the old Customs House. There is an enormous amount of space and the exhibits, ...

20th January 2010 By

Temporary migration

Free Movement is leaving for warmer climes and will return embarrassingly late in January. I hope you all have a good Christmas break, and I hope UKBA doesn’t illegally remove too many detainees while their lawyers are off work. I was going to d ...

23rd December 2009 By

Children and refugee status

Just a quick warning to practitioners. There have been a small number of examples recently of UKBA granting five years’ status to children recognised as refugees on the basis of their membership of a particular social group based on their age, b ...

23rd December 2009 By

Good news in an HIV/AIDS case

This is another from last week’s luggage carousel – I’m still catching up, I’m afraid. In the case of JA (Ivory Coast) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 1353 the Court of Appeal has allowe ...

22nd December 2009 By

New removals policy

UKBA have changed their removals policy, and not in a nice way. The announcement letter to stakeholders is available here and does not really tell half the story. In essence, the 72 hour notice period for removals is to be waived in a wide range of c ...

21st December 2009 By

3rd party support judgment

Further to my earlier posts on this, the judgment in Mahad and Others [2009] UKSC 16 (as it can now be called) is now available on the Supreme Court website [update: and on BAILII). It makes interesting reading for any immigration lawyer. I will pick ...

20th December 2009 By

New country guidance case

The case of TK (Tamils, LP updated) Sri Lanka CG [2009] UKAIT 00049 is next on the carousel. As can be seen from the title, it deals with the current situation on the ground in Sri Lanka since the military defeat of the LTTE in May 2009. The country ...

16th December 2009 By

New cases

The luggage carousel of the UK courts has deposited a collection of interesting new cases. I’ll take them one at a time. Probably the most important of these is KH (Afghanistan) v SSHD [2009] EWCA Civ 1354, a long-awaited decision from the Court ...

15th December 2009 By

Keith Best departs IAS

It seems that news of this has circulated fast. After what must be fifteen years at the helm, former Tory MP Keith Best is departing the Immigration Advisory Service to take up the prestigious job of Chief Executive of the Medical Foundation for the C ...

11th December 2009 By

Dependency a question of fact

Many thanks to the encyclopedic John O of NCADC for this information. The Court of Appeal has allowed an appeal against the reasoning of the tribunal in AP and FP (Citizens Directive Article 3(2); discretion; dependence) India [2007] UKAIT 00048 and ...

8th December 2009 By

Spouse visa age challenge fails

The JCWI challenge to the increase to the spouse and partner visa age from 18 to 21 has been dismissed: Quila v Secretary of State for the Home Department [2009] EWHC 3189 (Admin) (07 December 2009). For previous coverage of this issue on Free Moveme ...

8th December 2009 By

Points Based System oddity

I’ve just been drafting a skeleton argument for yet another Points Based System student refusal where there is no doubt the applicant has plenty of money, it is just that the evidence is not quite in the required form. This application was made ...

1st December 2009 By

Challenge to inclusion of Gambia on the White List

Permission has been granted in the case of R (on the app of Darboe) v SSHD [2009] EWHC 3100 (Admin) to challenge the inclusion of men in Gambia on the s.94 ‘White List’ of countries for which it is presumed any asylum claims are clearly u ...

30th November 2009 By

Points Based System appeal to Court of Appeal

Permission has finally been granted for an appeal to the Court of Appeal on the current approach of the tribunal to the Points Based System and the scheme’s lawfulness. Six cases have been joined. Oddly, two of the parties are litigants in perso ...

30th November 2009 By

Work in progress…

As you can see, I’ve made some presentational changes to the blog over the weekend. Votes were overwhelmingly in favour of de-orangification! I’m looking for a cleaner and more professional presentation, but to retain the functionality of ...

28th November 2009 By

News from On High

The Supreme Court has ruled in favour of claimants in two immigration cases today. In R (on the application of A) v London Borough of Croydon their Lordships have ruled that it is for the courts to decide age assessment issues. The courts should not s ...

26th November 2009 By

Slight tweaks

I’ve made a few slight changes to the blog I thought I ought to explain. The UKBA press department has gone mad in recent months and produces so much garbage it drowns out the other items in the news feed. I’ve therefore separated it out i ...

25th November 2009 By

AGMs

I’ve been to a couple of AGMs in the last couple of weeks — Hammersmith and Fulham Community Law Centre and the Immigration Law Practitioners Association — and have learned all sorts of interesting things. Only some of which I will s ...

24th November 2009 By

Cambridge College of Learning

Enough is enough. I’ve deleted the earlier Cambridge College of Learning posts and comments because I am concerned that this website was being used by various groups of alleged ex-CCL students to take money from other alleged ex-CCL students. Th ...

24th November 2009 By

Permission to work judgment

I’ve just seen that judgment is now available on BAILII* in a recent successful challenge to UKBA’s refusal to grant permission to work to those who are entitled to it following the Court of Appeal judgment in ZO (Somalia). More about the ...

20th November 2009 By

New President announced

The new president of the Immigration and Asylum Chamber of the new Upper Tribunal has been announced: Mr Justice Nicholas Blake QC. The appointment is effective as of 15 February 2010, when the unlamented Asylum and Immigration Tribunal is merged into ...

20th November 2009 By

3rd party support: correction

[UPDATE: see later post for judgment] My bad, as I believe some young people today sometimes say. Many thanks to the excellent Philip Nathan of 36 Bedford Row, one of the juniors in the case, for a more authoritative explanation of the 3rd party Supr ...

13th November 2009 By