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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.

Reviews of ECO decisions

News from the front line is that Entry Clearance Officers (ECOs) are overturning refusals under immigration rule 320(7B) that were made before the string of

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Contriving to frustrate

Thanks for those who posted comments pointing the way to updated guidance to visa officers on the issue of contriving to frustrate immigration rules. The

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Latest news on HS Zimbabwe

News just in from Mark Henderson, the barrister behind the Zimbabwe test case litigation, is that HS is appealing the negative decision of the tribunal in his

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Guidance on DP3/96 cases

The Home Office has managed to change the online guidance on DP3/96 surprisingly rapidly and these are now available to read. See chapter 53, section

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Transylvania FC decimated

There was more evidence at the weekend that a shortage of Polish plumbers will soon hit these shores. The Observer published an interesting, thoughtful article on

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Legitimate expectation

The Government has lost yet again. I’m beginning to feel embarrassed for them. These repeated legal defeats smack of a basic failure to comprehend the idea of

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News from the front line is that Entry Clearance Officers (ECOs) are overturning refusals under immigration rule 320(7B) that were made before the string of concessions was announced. Just ask for a review, you shouldn’t have to make a second application and pay the whacking great fee for their ‘service’...

13th June 2008
BY Free Movement

One of the annoyingly frequent changes to the immigration rules has just been issued and can be found here. These sometimes come out as often as fortnightly, and I can remember a number of occasions when they have been so ill conceived they’ve had to withdraw them immediately. They once...

10th June 2008
BY Free Movement

Thanks for those who posted comments pointing the way to updated guidance to visa officers on the issue of contriving to frustrate immigration rules. The guidance is here and reads as follows: ‘Contrived in a significant way to undermine the intentions of the immigration rules’ is where an applicant has...

5th June 2008
BY Free Movement

News just in from Mark Henderson, the barrister behind the Zimbabwe test case litigation, is that HS is appealing the negative decision of the tribunal in his case, which was used as a test case for all Zimbabweans currently in the UK. Permission to appeal sounds like it was refused...

5th June 2008
BY Free Movement

I found it necessary to polish off a bottle of wine before writing this post (Charon QC would be proud, although Rioja it was not), for reasons I think are probably clear from reading it. It is not a pleasant subject. The European Court of Human Rights, often referred to...

27th May 2008
BY Free Movement

Following on from the parliamentary debate last week, the Entry Clearance Guidance (ECG, until recently rather quaintly called the Diplomatic Service Instructions – I always thought the idea visa officers were diplomatic was rather optimistic) on immigration rule 320(7B), the automatic re-entry ban for overstayers and other breachers of immigration...

20th May 2008
BY Free Movement

Some great news on the re-entry ban saga. There was an unusually good debate in the Commons last night, when several MPs managed to put the screws on Liam Byrne, the Minister, and extracted three excellent concessions. All credit to those responsible, who appear to be Simon Hughes, John Spellar...

15th May 2008
BY Free Movement

The Home Office has managed to change the online guidance on DP3/96 surprisingly rapidly and these are now available to read. See chapter 53, section 53.3 of the Enforcement Instructions and Guidance (formerly known as the Operating Enforcement Manual or OEM). The EIG are addressed to immigration officers and other...

14th May 2008
BY Free Movement

There was more evidence at the weekend that a shortage of Polish plumbers will soon hit these shores. The Observer published an interesting, thoughtful article on the return of many Eastern European migrants from Ireland to their home countries or elsewhere in Europe. One side effect was the depletion in...

7th May 2008
BY Free Movement

The Government has lost yet again. I’m beginning to feel embarrassed for them. These repeated legal defeats smack of a basic failure to comprehend the idea of rule of law. That’s OK with individual politicians, of whom you can’t generally expect very much, but it is deeply worrying with a...

2nd May 2008
BY Free Movement
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