Halsbury Legal Awards 2013

With an unhealthy mixture of surprise, embarrassment and pride (emphasis on surprise, I think) we can announce that the Renaissance Chambers Immigration Team has been shortlisted for the Award for Innovation – The Bar at the Halsbury Legal Award ...

25th February 2013 By

Best interests of child and Dublin II

In Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, when an applic ...

21st February 2013 By

Migration map

IOM inward/outward migration map Interesting! Thanks to @deportedfromUK for the heads up. ...

18th February 2013 By

May be wrong

Theresa May this weekend launched a blistering and unprecedented attack on ‘a minority of judges’, accused them of ignoring the will of Parliament by refusing to deport foreign criminals. Remarkably, she said that: A minority think it is t ...

18th February 2013 By

This instrument is drawn to the special attention of the House on the grounds it may inappropriately achieve its policy objective. House of Lords Secondary Legislation Scrutiny Committee, 6th Report of Session 2012-13, Statement of Changes in Immigrat ...

17th February 2013 By

Country Guidance on Burma unlawful

The Court of Appeal has ruled that Country Guidance on Burma dating back to 2009 was legally flawed. Decisions based on the earlier TK case are therefore flawed. Full post and analysis to follow. ...

13th February 2013 By

Residence rights of durable partners

Very good note by AIRE Centre on durable partners in EU law and their rights if they suffer domestic violence and relationship breakdown. ...

12th February 2013 By

New Phelan freshly minted!

Hard copy left, Kindle right (buying via these links throws me a very small bungreferral fee) Amazon doesn’t yet have an image but for those wondering about this year’s colour, it is a bit like the 2003 model but a slightly mintier green. ...

6th February 2013 By

Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC)

Rodriguez (Flexibility Policy) [2013] UKUT 00042 (IAC). About as good as it could be. Appeals to be allowed where UK Border Agency Points Based System decisions fail to apply the evidential flexibility policy. ...

1st February 2013 By

CM (EM country guidance; disclosure) Zimbabwe CG [2012] UKUT 00059 (IAC)

No general duty on Secretary of State to disclose evidence in asylum cases, only not to mislead by omission Overturned Country Guidance in case of EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) reinstated with amendment to account for RT ...

1st February 2013 By

Mirza (ACCA Fundamental level qualification – not a recognised degree) [2013] UKUT 41 (IAC)

But why chose to report a case when the appellant had no lawyer? ...

1st February 2013 By

BID AGM

The charity Bail for Immigration Detainees (BID) asked me to speak at their AGM last night and I was delighted to accept. It was held at Amnesty International’s Human Rights Action Centre in Shoreditch. I expected the auditorium seating to split ...

23rd January 2013 By

Blog changes ahead

I am planning some changes to the blog in the next week or so. This may lead to some down time and/or a very funny looking blog for a while. Hopefully a short while. Firstly, I need to mess around with and change the theme as it seems to be doing a fe ...

20th January 2013 By

Free Movement 2012 ebook

I have collected together all the blog posts for 2012 into an ebook, which is now available on the Kindle store. By a surprising automated process, the blog posts were automatically sucked up by some sort of scary blog muncher website and then spat ou ...

16th January 2013 By

More judicial warnings to immigration lawyers

A barrister … must promote and protect fearlessly and by all proper and lawful means the lay client’s best interests and do so without regard to his own interests or to any consequences to himself or to any other person (para 302, Code of ...

11th January 2013 By

Year in review

First of all, some stats from the blog for 2012: 722,000 page views 2,000 page views per day on average 356,000 visitors 2 min 46 sec average visit duration 2 pages viewed per visit on average 149 new blog posts in 2012 (three per week) 21,500 unique ...

28th December 2012 By

Christmas time

Just a reminder that time does not run over the Christmas period for lodging appeals in the First-tier Tribunal against its decisions. See the Asylum and Immigration Tribunal (Procedure) Rules 2005 (as heavily amended) rule 2 definition of ‘busi ...

27th December 2012 By

Santa arrested

The UK Border Agency today announced that Santa has been arrested as part of the #fakexmas campaign. Apprehended importing a considerable number of toys seemingly made by reputable manufacturers, Santa is reported to have admitted that the toys are ch ...

20th December 2012 By

Thought for the day

“I agree with my noble friend that no area is more complex than the whole business of the Immigration Rules and the procedures surrounding them.” Lord Taylor of Holbeach in response to Lord Lester of Herne Hill, Hansard, 12 December 2012: Column ...

17th December 2012 By

Judicial review consultation

The consultation on changes to the procedure for judicial review has opened and it closes on 24 January 2013. Regular readers will recall that these proposals were said by David Cameron to be part of the Government’s efforts to combat the recess ...

14th December 2012 By

ONS video explains census data

This is such a good explanation of the census data on the foreign-born component of the ‘usually resident’ population that I felt I had to share it. Really good work by the Office of National Statistics. It is a five minute look at the dat ...

11th December 2012 By

Open season on immigration lawyers

There has been a lot of media coverage of judicial review applications in the last few days, as most readers will no doubt have noticed. The Government has announced plans to (a) reduce the time limit for judicial review from three months, (b) increas ...

21st November 2012 By

Last minute judicial reviews: warning

The President of the Queens Bench Division, Sir John Thomas, has issued a dire warning to solicitors applying for last minute judicial reviews and injunctions in immigration cases. The comments come in the case of R (on the application of Hamid) v Sec ...

14th November 2012 By

Blatant puff piece

Back to more serious blogging and the detention mini series ASAP, but I simply can’t resist a quick plug for Renaissance Chambers, the team behind this blog. On Thursday last week we were awarded the tasteful little logo to the right by Chambers ...

5th November 2012 By

The Outer Limit

The Court of Appeal recently gave judgment in the case of R (on the application of Muqtaar) v Secretary of State for the Home Department [2012] EWCA Civ 1270, a challenge by a Somali national to his detention under administrative immigration powers fo ...

30th October 2012 By

News flash on Sri Lanka charter flight

It is Sri Lanka Charter Flight day again today. Just a quick one to say that the UK Border Agency has suddenly withdrawn parts of its new October 2012 Operational Guidance Note (link to old version) on Sri Lanka. Paragraphs 3.3.4 and 13.6 have been ...

23rd October 2012 By

More on pre-entry English language challenge

In his judgment in the case of R (On the Application Of Bhavyesh & Ors) v Secretary of State for the Home Department [2012] EWHC 2789 (Admin) Blake J has dismissed the latest attempt to challenge the requirement that foreign spouses learn Engli ...

18th October 2012 By

Interesting fresh claim case

I’ve no time for a proper post at the moment but as a filler take a look at a few choice quotes from an interesting fresh claim judicial review concerning an Iranian convert to Christianity and her son, the case of R (on the application of SA (I ...

17th October 2012 By

Blog developments

From its conception in 2007, the Free Movement blog has been about sharing information and ideas. When the blog first went live with an anonymous author and zero readership the ‘About’ page had this to say: All you need to know about me is ...

12th October 2012 By

UNHCR guidelines on survivors of male rape and sexual violence

UNHCR has published guidelines on Working with men and boy survivors of sexual and and gender based violence in forced displacement. The document is essential reading for anyone working with such men and boys and it is the first time I can recall seei ...

8th October 2012 By

Holiday

Colin is now off on holiday for a fortnight so updates will be even slower than the last fortnight. There are a couple of posts in the pipeline, though, and there is likely to be a flurry of catching up activity on his return. They keys to the blog Tw ...

31st August 2012 By

Operation Mayapple and Home Office use of social media

The UK Border Agency has taken to using social media to proclaim its propaganda on the ongoing purge of illegal immigrants from the United Kingdom. Conventional press releases are no longer sufficient. Free Movement has already covered the use of YouT ...

23rd August 2012 By

Daily Mail drafting grounds at UKBA?

The UK Border Agency just got permission to appeal from the First-tier Tribunal on these grounds, reproduced word for word in their entirety: The Judge of the First-tier Tribunal has made a material error of law in the determination in the following w ...

1st August 2012 By

UK Border Agency recruiting barristers for tribunal work

It will not have escaped the attention of immigration barristers in London that there are some very fresh faces in court acting for the Home Office. ‘Operation Present’ is back, sort of, with the Home Office having recruited a bunch of jun ...

27th July 2012 By

Judge hung out to dry

As we have previously argued on this blog here and here, attacks by newspapers on judges for following and applying the law are unwarranted and dangerous in a healthy democracy. In one recent such attack article, the Daily Mail named a particular imm ...

19th July 2012 By

Zimbabwe Country Guidance case overturned

In a follow up to my last post on Country Guidance cases generally and the Court of Appeal judgment in SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940, the existing Country Guidance case on Zimbawe, that of EM and Others (R ...

16th July 2012 By

Country Guidance cases reviewed

In the jurisprudential equivalent of Easyjet and Ryanair flights simultaneously arriving at Stansted from Alicante, Malaga AND Lanzarote, a number of important cases have just been deposited in the luggage carousel that is BAILII. School is now out an ...

16th July 2012 By

Immigration judicial reviews to be transferred

The Government is amending the Crime and Courts Bill to allow transfer of any or all immigration, asylum and nationality judicial review cases from the High Court to the Upper Tribunal. This seems to have pretty much universal support from Government, ...

4th July 2012 By

The Telegraph’s witch hunt for lenient judges

The Sunday Telegraph yesterday published an article singling out three Senior Immigration Judges as being excessively lenient. I am going to more or less ignore the issue of the correctness or otherwise of the principle of singling out judges based on ...

18th June 2012 By

Interruption to normal service…

Free Movement will be on light to non-existent blogging and Tweeting duties for the next fortnight or so owing to the birth on Monday of baby Annabel, sister to Alec. All is well but blogging is not top of FM’s to-do list at the moment. ...

13th June 2012 By