Part 3 of the Nationality and Borders Bill 2021 includes provisions relating to immigration offences and enforcement. It criminalises arriving in the UK, as well
When the Home Office want to deport an EU citizen who has committed a criminal offence it adopts a two-stage process. First it issues a
This, in a sentence, is the conclusion reached by the Upper Tribunal (after 248 paragraphs!) in R (Waseem & Others) v Secretary of State for
This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15. Fishing boats
The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that
The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-defined categories.
The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the
Ever since the Brexit vote in June 2016, EU citizens in the United Kingdom have been turning their attention to applications for British citizenship. Foreign
The distinction between a “claim” and an “application” was at the heart of the Upper Tribunal’s recent decision in Yerokun (Refusal of claim; Mujahid) Nigeria
Immigration law is complicated. This will probably not be a surprise to readers of this blog. There has, over the last couple of years, been
Part 3 of the Nationality and Borders Bill 2021 includes provisions relating to immigration offences and enforcement. It criminalises arriving in the UK, as well as formally entering, making it almost impossible to claim asylum in the UK without first committing a criminal offence. People helping asylum seekers get to...
When the Home Office want to deport an EU citizen who has committed a criminal offence it adopts a two-stage process. First it issues a Deportation Liability Notice (DLN). This lets the person know that the Home Office is considering deportation and invites representations. The second stage is issuing the...
This, in a sentence, is the conclusion reached by the Upper Tribunal (after 248 paragraphs!) in R (Waseem & Others) v Secretary of State for the Home Department (long residence policy – interpretation) [2021] UKUT 146 (IAC). Background: overstaying and long residence This is the fifth time within the last...
This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15. Fishing boats impounded over illegal immigration charges In 2015, an immigration officer issued letters purporting to detain three fishing vessels owned by Galbraith Trawlers. Mr Galbraith, the...
The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that he is a foreign criminal. The case is TD (Albania) v Secretary of State for the Home Department [2021] EWCA Civ 619. It concerns an...
The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-defined categories. So what happens when there is overlap between, for instance, an asylum claim and a human rights claim? This is the issue considered by the...
The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the Court of Appeal in Kalsi & Ors v Secretary of State for the Home Department [2021] EWCA Civ 184. Exception for overstayers The rules for...
Ever since the Brexit vote in June 2016, EU citizens in the United Kingdom have been turning their attention to applications for British citizenship. Foreign nationals who have been living in the UK for five years can apply to “naturalise” as British — but there are other requirements which can...
The distinction between a “claim” and an “application” was at the heart of the Upper Tribunal’s recent decision in Yerokun (Refusal of claim; Mujahid) Nigeria [2020] UKUT 377 (IAC). Mr Yerokun made an application for permission to remain in the UK based on his human right to private and family...
Immigration law is complicated. This will probably not be a surprise to readers of this blog. There has, over the last couple of years, been a concerted effort to simplify it. This is a good thing. But has it been successful? Different types of complicated Immigration law can be complicated...
