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Free Movement

The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.

Happy Fifth Birthday!

Yet again I missed the blog’s birthday, which was 7 March. Unbelievably (for so, so many reasons) the blog has now been going for over

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Other dependent relatives

A rare judgment on paragraph 317 of the Immigration Rules, the ‘other dependent relatives’ category, was handed down by the Court of Appeal last month

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There has been a flood of judgments in the last few weeks on the issue of unlawful detention. With immigration detention used more frequently and for longer periods than ever before, the aftermath of the secret and unlawful presumption of detention policy and the ongoing travails of the UK Border...

9th May 2012
BY Free Movement

I have a new and cunning plan to solve the queues at Heathrow, save the Olympics and, as an added bonus, revitalise rock bottom morale at the UK Border Agency, which is by all accounts now falling apart at the seams of its soon-to-be-replaced uniforms. All Theresa May has to...

1st May 2012
BY Free Movement

The European Commission has today given the United Kingdom two months to comply with European Union rules on the free movement of EU citizens and their families across the EU or face an EU court case. You can read the press release yourself here. The four issues highlighted are as...

26th April 2012
BY Free Movement

Yet again I missed the blog’s birthday, which was 7 March. Unbelievably (for so, so many reasons) the blog has now been going for over five years. In that time it has clocked up roughly 1,346,037 hits, 521 posts and 2,608 comments between the old wordpress.com site and the newer...

25th April 2012
BY Free Movement

A rare judgment on paragraph 317 of the Immigration Rules, the ‘other dependent relatives’ category, was handed down by the Court of Appeal last month and has so far escaped reporting here on Free Movement due to other commitments. The case is Mohamed v Secretary of State for the Home...

20th April 2012
BY Free Movement

A couple of cases on marriage were recently decided in the Family Division and are worth reporting here as they could have a bearing on immigration cases where the validity of a marriage is significant in some way. The first of the cases might also be relevant to defining ‘subsisting...

18th April 2012
BY Free Movement

The UK Border Agency will start x-raying children again from 29 March 2012 in order to determine their age. This practice is highly controversial. The letter announcing the resumption of this procedure can be found here. This brings to mind another example of the application of false quasi-scientific ‘certainty’ to...

28th March 2012
BY Free Movement

Far too late to be of use to anyone, the Upper Tribunal has held that the controversial commencement of section 85A did not affect appeals that had already been lodged. The case is Shahzad (s. 85A: commencement) Pakistan [2012] UKUT 81 (IAC). It was heard by a panel including the...

23rd March 2012
BY Free Movement

In the second Court of Appeal judgment from last week in which Zane Malik was Counsel for the Appellant, that of Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260, the same bench has given another judgment that many migrants will find unhelpful. Essentially, the Court...

15th March 2012
BY Free Movement

The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of there being a free standing ‘near miss’ argument in immigration cases where the applicant falls just short of the requirements of the rules. As...

14th March 2012
BY Free Movement
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