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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.

RMJ administration

I’ve been silent on this so far for fear of losing my rag. There is much distress still, and criticism of the administrators seems to

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No notice removals case

R (on the application of Medical Justice) v Secretary of State for the Home Department [2010] EWHC 1925 (Admin) should be a wake up call

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More big cases

I can’t keep up! If things ever quieten down I’ll do a few more weighty analysis posts but in the meantime these alerter ones must

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Some tremendously good news for many refugees: in the new case of FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC) the tribunal has found that Article 8 appeals by the spouses of refugees who married the refugee after the refugee left the country of origin should normally be allowed. Ever...

11th August 2010
BY Free Movement

Plainly the ratio of HJ is not limited just to sexual orientation cases but will apply to all grounds covered by the Convention. I thought it might be interesting to start with that quotation from the paragraph 38 of TM (Zimbabwe) & Ors v Secretary of State for the Home...

30th July 2010
BY Free Movement

I’ve been silent on this so far for fear of losing my rag. There is much distress still, and criticism of the administrators seems to be growing. Alan George and George Joffe are seeking to hold the Legal Services Commission directly responsible for payment for their unpaid expert reports and...

30th July 2010
BY Free Movement

R (on the application of Medical Justice) v Secretary of State for the Home Department [2010] EWHC 1925 (Admin) should be a wake up call to civil servants at UKBA and Ministers in the new Government. The High Court declared unlawful the Home Office policy of conducting no notice removals....

30th July 2010
BY Free Movement

An unpublished UKBA internal investigation has rejected the complaints made by Louise Perrett about the Cardiff asylum team. A summary has been made available. The existence of the ‘grant monkey’ was confirmed, but seems to have been found to be entirely benign. No racial overtones to it, then, and no...

29th July 2010
BY Free Movement

The Home Office has announced that Certificates of Approval will be scrapped in late 2010 or early 2011. This is a belated implementation of the House of Lords judgment in Baiai, handed down exactly two years ago tomorrow, in which their Lordships held that the scheme requiring foreign nationals to...

29th July 2010
BY Free Movement

The Home Office appeal to the Supreme Court in ZO (Somalia) [2010] UKSC 36 has been dismissed. This confirms that in cases where a fresh asylum claim has been made and no decision was reached for a year, the asylum seeker obtains a right to work under European law. This...

28th July 2010
BY Free Movement

I can’t keep up! If things ever quieten down I’ll do a few more weighty analysis posts but in the meantime these alerter ones must suffice. Firstly, the Medical Justice challenge to no-notice removals has succeeded: R (on the application of Medical Justice) v Secretary of State for the Home...

27th July 2010
BY Free Movement

The Government has laid a new Statement of Changes (HC 382) that incorporates the parts of the Points Based System policy guidance ruled unlawful in the Pankina and English UK cases. This reinstitutes the three month £800 requirement and the minimum of level of English language qualification required by foreign...

23rd July 2010
BY Free Movement

The Points Based System test case, Pankina, is not being appealed by UKBA. This has been confirmed by Treasury Solicitors. Interim guidance has apparently been issued to UKBA caseworkers. More information and links if/when I get a chance.

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21st July 2010
BY Free Movement
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