- BY Colin Yeo
Immigration update podcast, episode 50
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Welcome to the February 2018 edition of the Free Movement immigration update podcast. This month I look at some legal developments with Brexit and review no less than three Supreme Court decisions on immigration, nationality and detention. There have also been some case law on the Points Based System, which I look at alongside the worrying trend in Tier 2 visa applicants being turned away. There are a couple of new Court of Appeal and Upper Tribunal authorities touching on procedure that are worth being aware of, and a few other cases in a range of different areas, all important in their own way.
The material is all drawn from the February 2018 blog posts on Free Movement.
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The main content of the downloadable 30 minute audio podcast follows the (non chronological) order of content below:
Brexit
What does the EU’s draft Brexit agreement say about citizens’ rights?
Blocking Brexit: Article 50 in the Scottish Court of Session
In the Supreme Court
Do unrecognised adoptions confer EU free movement rights? Maybe… (SM (Algeria) v Entry Clearance Officer [2018] UKSC 9)
Landmark Supreme Court decision overrules historic gender discrimination in British citizenship (Advocate General for Scotland v Romein [2018] UKSC 6)
Home Office could not impose bail on migrant who cannot lawfully be detained (B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5)
Points Based System
High Court gives useful steer on the Resident Labour Market Test (R (Khan) v Secretary of State for the Home Department [2018] EWHC 105 (Admin))
No duty of fairness to student left in the lurch by college (R (Dharmeshkumar Bhupendrabhai Patel & Anor) v Secretary of State for the Home Department [2018] EWCA Civ 229)
Visa cap for skilled non-EU workers hit for third month running
Procedure
Lawyers criticised for misleading court in bid to prevent high-profile removal (R (SB (Afghanistan)) v Secretary of State for the Home Department [2018] EWCA Civ 215)
President Lane urges caution in making awards of costs against Home Office (Thapa & Ors (costs: general principles; s 9 review) [2018] UKUT 54 (IAC)).
Other cases
Court of Appeal gives authoritative guidance on Article 3 medical cases (AM (Zimbabwe) & Anor v Secretary of State for the Home Department [2018] EWCA Civ 64)
Immigration bail system failing mentally ill, Court of Appeal finds (R (VC) v Secretary of State for the Home Department [2018] EWCA Civ 57)
Government stance on residence permits for trafficking victims declared unlawful (PK (Ghana) v Secretary of State for the Home Department [2018] EWCA Civ 98)
Marriages of convenience and immigration controls: a dangerous path (R (Seferi & Anor) v Secretary of State for the Home Department [2018] EWHC 287 (Admin))
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