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

Immigration update podcast, episode 59


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Welcome to the November 2018 edition of the Free Movement immigration update podcast. This month we again take it from the top with the Supreme Court’s latest attempt to cut through the complexity of our immigration law before turning to a major High Court decision on trafficking. November also saw the Home Office roll out a new in-country application system, so we’ll discuss what we know about that so far. There’s then some Upper Tribunal case law on appeals, asylum and Article 3 to chew on, and we conclude on the now-infamous paragraph 322(5).

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

Human rights

Supreme Court decides meaning of “precarious immigration status” and “financially independent”

Exceptional circumstances in a spouse or partner visa application under Appendix FM


Major court win for trafficking victims as subsistence payment cut is reversed


The new UK in-country visa application system

Family of four face removal for failing to tick box on visa application form

Appeals law

A “new matter” includes EU law arguments

Upper Tribunal grants general permission to appeal to Afghan hijackers


Immigration Rules on humanitarian protection conflict with EU law

Home Office “too accepting” of dire asylum accommodation, immigration inspector finds

Article 3

Burden of proof rests with appellants in Article 3 appeals

More Article 3 appeals rejected as Court of Appeal stands firm on Paposhvili

Paragraph 322(5) tax cases

Blame the accountant? Tribunal weighs in on paragraph 322(5)

Home Office publishes paragraph 322(5) guidance but stands firm on controversial refusals

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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.