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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.

Guest worker era begins

In a slew of new documents published today the Government has heralded the end of quasi-automatic settlement for skilled foreign workers under Tier 2 of

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Obtaining IAS files

The sudden collapse of the Immigration Advisory Service shocked the sector and left many clients without any way of obtaining their paperwork from their former

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Appointments to Panel

This blog congratulates Zane Malik of 12 Old Square, who was this week appointed to the Attorney General’s C Panel of ‘junior juniors’. Zane has made

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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

The Legal Services Board has issued a consultation paper that proposes potentially major changes to the regulation of immigration advice and services. The deadline for responses is 24 May 2011. The LSB is critical of the current regulatory regime, saying of their own investigation into the immigration market in 2011:...

5th March 2012
BY Free Movement

As expected, the obscure but important Chapter 53 of the Enforcement Instructions and Guidance (‘Extenuating Circumstances’) has been amended following on from the scrapping of paragraph 395C of the Immigration Rules. The new text is basically in line with the amended rules and is set out below for reference. It...

2nd March 2012
BY Free Movement

In a slew of new documents published today the Government has heralded the end of quasi-automatic settlement for skilled foreign workers under Tier 2 of the Points Based System, the evisceration of the Overseas Domestic Worker scheme, some tinkering with the Tier 5 temporary worker routes and the creation of...

29th February 2012
BY Free Movement

The sudden collapse of the Immigration Advisory Service shocked the sector and left many clients without any way of obtaining their paperwork from their former lawyers. Following legal action by the Immigration Law Practitioners Association it will now be possible to obtain files on demand until 28 May 2012. Unlike...

28th February 2012
BY Free Movement

UPDATE: the order made by the Upper Tribunal is now available. A Tamil failed asylum seeker forcibly returned from the United Kingdom to Sri Lanka on 21 February 2012 has claimed that he was tortured on arrival. He was later interviewed by British officials. A medical examination arranged by the...

27th February 2012
BY Free Movement

This blog congratulates Zane Malik of 12 Old Square, who was this week appointed to the Attorney General’s C Panel of ‘junior juniors’. Zane has made a huge impact on immigration law in the last couple of years and it has become increasingly rare to see a judgment of the...

23rd February 2012
BY Free Movement
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