Welcome to the May 2017 edition of the Free Movement immigration update podcast. This month I’m starting with the current waiting times for immigration appeals, moving on to give some quick mentions to some big blog posts we put out in May and then covering a load of cases from Strasbourg, the CJEU, several from the Court of Appeal and then quite a few at tribunal level as well.

The material is all drawn from the May 2017 blog posts on Free Movement.

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These are the posts I give “shout outs” to at the start of the podcast but do not cover in depth:

• INTERPOL “wanted” alerts: using them as evidence and making them go away
• Tier 1 (Entrepreneur) visas: is Britain open for business?
• Alternative options for EU partners: making an application under Appendix FM
• The interregnum: 11 years without free movement from 1962 to 1973
• The case of Stoly Jankovic: what are the 10 and 20 year rules on long residence?
• The hostile environment: what is it and who does it affect?

The main content of the downloadable 25 minute audio podcast follows the (non chronological) order of content below:

• Waiting time in the immigration tribunal now 83 weeks for some appeals
• New CJEU case extends Zambrano rights of residence, emphasises best interests of children
• Indefinite detention does not breach ECHR says European Court of Human Rights
• Court of Appeal dismisses challenge to rules on Adult Dependent Relatives
• Home Office unlawfully relies on Albania guidance for five years
• Country guidance issued between hearing and promulgation will still bind tribunal
• Family life succeeds in defeating s.94B ‘deport first, appeal later’ certification
• No human rights issues to be raised in EEA appeals, confirms Court of Appeal
• Court of Appeal: “Particularly where children are concerned, there is no such thing as an average case”
• When can a tribunal be forced to pay the costs of judicially reviewing it?
• Another successful unlawful detention claim
• Guidance from tribunal on strike out powers and appeal to Court of Appeal as remedy
• Tribunal says foreign law is a question of fact normally determined by expert evidence
• Tribunal gives guidance on general principles in deprivation of citizenship appeals
• Coruscating criticism by President of Home Office behaviour in refugee family reunion case
• Tribunal rules a Big Issue seller has no right of residence in EU law
• UK law found to be more generous than EU law for jobseekers acquiring permanent residence
• New Home Office policy: Exclusion from the UK