Author: Free Movement

Picture of Free Movement

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.

EC law applications

The Home Office have announced that they plan to impose all sorts of new requirements on European Community law applications for documentation proving the right

Read More »

Odelola dismissed

Odelola v SSHD has been dismissed in the House of Lords. The immigration rules that apply to a decision are those at the date of

Read More »

The Home Office have today announced some changes to the Points Based System for Tier 4 students. In summary, the main changes are: 1. Transitional arrangements on maintenance are extended to 30 September 2009, meaning the applicant need only show the necessary money in their bank account at the date...

1st June 2009
BY Free Movement

I recently wrote a post on fresh claims for asylum explaining what they are and summarising the criteria. New on this subject this week is ZO (Somalia) v SSHD [2009] EWCA Civ 442, in which the Court of Appeal holds that the same law on permission to work that applies...

29th May 2009
BY Free Movement

The Home Office have announced that they plan to impose all sorts of new requirements on European Community law applications for documentation proving the right to residence. I’ve copied the press release into the post below in case it vanishes later. These new requirements would without doubt be unlawful if...

27th May 2009
BY Free Movement

There are reports that the Home Office just conceded a judicial review against the maintenance requirements under the Points Based System (PBS). This could be a very important development, and more posts (or comments, below) will follow as details become available. The challenge appears to have been based on the...

26th May 2009
BY Free Movement

The Home Office recently increased the minimum age for both spouses to 21 if a foreign spouse is to enter the UK on a spouse visa. The same requirements apply to unmarried, same sex and civil partners. As discussed previously on this blog, the justification given by the Home Office...

26th May 2009
BY Free Movement

In some ways it was heartening to read yesterday and this morning about the Government climbdown on the Gurkhas. There is a universal recognition of the injustice of the Government’s previous positions. Personally, though, I can’t help thinking of all the other cases and groups that haven’t received the same...

22nd May 2009
BY Free Movement

Odelola v SSHD has been dismissed in the House of Lords. The immigration rules that apply to a decision are those at the date of decision, not the date of the application. There is no presumption against retrospectivity. The Law Lords do not repeat Buxton LJ’s analysis of the nature...

20th May 2009
BY Free Movement

I thought it was high time for a general advice post, as it’s been a while since the last one. This one is about fresh claims for asylum. A failed asylum seeker can apply for asylum again; this is referred to as a ‘fresh claim’. By ‘asylum’, I’m referring here...

20th May 2009
BY Free Movement

Few will lament its passing, announced today by still Immigration Minister Phil Woolas. The news is far from unexpected, but the details are interesting. The plan is for the new system to be implemented by early 2010. A full consultation response has also been published. Immigration appeals will be transferred...

8th May 2009
BY Free Movement

In an unusual example of the Court of Appeal being less liberal than the Asylum and Immigration Tribunal, the AIT’s rather good decision in YS and YY (Paragraph 352D – British national sponsor former refugee) Ethiopia [2008] UKAIT 00093 was overturned by the Court of Appeal in DL (DRC) v...

6th May 2009
BY Free Movement
Login
Or become a member of Free Movement today
Verified by MonsterInsights