Updates, commentary, training and advice on immigration and asylum law

Immigration update podcast, episode 50


Older content is locked

A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more


By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;

  • Single login for personal use
  • FREE downloads of Free Movement ebooks
  • Access to all Free Movement blog content
  • Access to all our online training materials
  • Access to our busy forums
  • Downloadable CPD certificates

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.

If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here.

If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.

To access previous Free Movement immigration update podcasts click here.

The main content of the downloadable 30 minute audio podcast follows the (non chronological) order of content below:


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


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))


Relevant articles chosen for you
Picture of Colin Yeo

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.