The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court of Appeal’s judgment has been dismissed. Lord Reed, giving the court’s judgment, emphasised the non-political nature of the court’s role,...
The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent remains abroad. The United Kingdom’s immigration rules effectively presume that a child should remain outside the country with the other parent, unless the parent moving...
She managed longer than 43 days this time. But achieved little if anything more the second time around. Braverman forced the Illegal Migration Act 2023 through Parliament in record time on the basis that it was desperately urgent. Almost all of the legislation has not yet been brought into force....
The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority intervening) [2023] EWCA Civ 1307, meaning that people with pre settled status under Appendix EU are able to access universal credit in circumstances where they...
Draft regulations have been laid which will add India and Georgia to the list of ‘safe’ countries at section 80AA of the Nationality, Immigration and Asylum Act 2002. The Nationality, Immigration and Asylum Act 2002 (Amendment to List of Safe States) Regulations 2024 need to be voted through by both...
An Iranian refugee who, according to MI5, holds an Islamist extremist mindset and is supportive of ISIL (Islamic State of Iraq and the Levant), has won his appeal against revocation of his refugee status. If the Home Office decides to revoke a person’s refugee status, there is a right of...
The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor [2021] UKSC 7 on how deprivation decisions should be made is not limited to cases involving national security, it also applies where a person has...
The Court of Appeal has reiterated the process that should be followed in article 3 medical treatment cases in relation to the shifting burden of proof, as set out in AM (Zimbabwe) v SSHD [2020] UKSC 17 and in the headnote to the Upper Tribunal’s consideration of the case. This case...
Visitors are those who come to the UK for a short time and intend to leave the UK at the end of their visit. Page contentsWhere to find law and policy on visitorsCategories of visitorsPeriods of leaveThe main requirements for visitorsAdditional requirements for certain standard visitorsChild visitorVisitors for private medical...
Diego Garcia did not have any sort of asylum system in place when it received its first asylum seekers in 2021. Following litigation, the British Indian Ocean Territory has for the first time put in place processes for protection claims to be lodged and decided there. What happens to people...
Our September roundup is here, featuring the latest statement of changes and new parts of the Illegal Migration Act 2023 being brought into force. We also discuss the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines and have an impromptu book club. If you listen...
Last week, the Supreme Court heard an argument that the Rwanda policy breaches retained EU law, which the president Lord Reed described as a potential “knock out” blow in the Rwanda litigation. Under the Rwanda policy, asylum seekers arriving by small boat or other illegal clandestine means would be flown...
This month Sonia and Colin cover the latest statement of changes, new parts of the Illegal Migration Act 2023 being brought into force, the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines. If you would like to claim CPD points for reading the material and...
Changes made by section 43 of the Nationality and Borders Act 2022 will have a wide-ranging effect on UK maritime sectors and risks some vessels unintentionally incurring illegal working fines. This is because the changes alter some long established and fundamental concepts of UK immigration law concerning what it means...
Judicial review is only viable where a claimant can persuade a court or tribunal that there are grounds for judicial review. These are categories of legal error, and are often summarised as illegality, irrationality, procedural unfairness and disproportionality (although they can be broken down into a much longer list). Page...
Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in primary legislation, the deportation of foreign criminals is in the public interest. The law in this area is rent through with politics, shifting relentlessly with...
Page contentsProcedural rigourDuty of candourClaimant’s duty of candourThe Hamid jurisdictionA continuing dutyDefendant’s duty of candourEvidenceWitness evidenceExpert evidenceGrounds for judicial reviewIllegalityIrrationalityProcedural unfairnessDisproportionalityReview – rationality and proportionalityRemediesQuashing ordersProhibiting ordersMandatory ordersDeclarationsInjunctionsDamagesOuster clauses Procedural rigour In recent years the courts have highlighted the need for procedural rigour throughout all steps in judicial review proceedings...
Readers of this blog will have noticed that the fairness of the Home Office’s procedure for deciding who to send to Rwanda is not among the issues being argued in the Supreme Court in October. This post highlights the important findings made by the Court of Appeal on procedural fairness...
The impact of age assessment decisions on unaccompanied asylum seeking children coming to the UK is huge. As we explored in this earlier article, an age assessment decision will affect a young person’s entitlement to social work support and care. It will also have implications on how their asylum claim...
Page contentsIntroductionDevelopment of British nationality lawPre 19491949 to 19831983 to 20222022 onwardsTypes of British nationality Introduction British citizenship can be acquired in three ways: There are many myths and misconceptions about British nationality law. Some of the most common ones are: I want to apply for my British passport. Non-British...
The government was granted permission to appeal in the Rwanda litigation in July. This post provides an update on the current state of play ahead of the Supreme Court hearing. You can read Free Movement’s coverage of the Court of Appeal’s judgment here and here. In essence, the Court of...
This month Colin and Sonia cover two statements of changes to the Immigration Rules, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a number of cases, including one from the Supreme Court on Palestinian refugees. If you...
We are a bit behind the times this month, catching up from the summer. This time Sonia and I cover not one but two statements of changes, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a load...
With the number of asylum claims on the rise across Europe and around the world, the discussion on safe routes for people seeking asylum is not unique to the UK. I thought it would useful to look at what processes other countries have in place for receiving refugees aside from...
While advisers qualified at OISC Level 2 can lodge notices of appeal against immigration and asylum decisions, they are not authorised to do substantive appeals work. This includes paper appeals work and making representations to, or appearing before, the courts or tribunals. In this unit we will look at which...
There are three main ways in which British citizenship can be lost. British citizens can: Page contentsDeprivationNullificationBringing a legal challengeRenunciation Deprivation There are two separate powers of deprivation (see Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC)). First, a person’s citizenship status may be deprived under section 40(2) of...
The Immigration Rules are widely considered to be inflexible and unforgiving — qualities that often result in harsh outcomes for individual migrants. For many people, complying with the onerous requirements of the Rules is not even an option. Some people who wish to enter or stay in the UK simply do...
Article 8 family life cases outside the Rules are for people with family in the UK who cannot meet the normal requirements under Appendix FM for a family visa. Categorising this basis of application as “outside the Rules” is somewhat inaccurate. Appendix FM of the Immigration Rules has, in effect, codified...
Refugees will be sent their decision via email or post. They may need to request that their original documents are returned to them. Page contentsSuccessful outcomeSettlementFamily reunionApplying for travel documentsOther types of statusDealing with a refusalIs there a right of appeal?Can the appeal be pursued from inside the UK?What is...
Page contentsSources of interpretationUNHCREU and UK lawCase lawScholarsThe definitionWell-founded fearPersecutionConvention reasonsState protection and internal relocationWhat is the difference between a refugee and an asylum seeker?What is the difference between a refugee and an economic migrant? Sources of interpretation The definition of a refugee is set out at Article 1(A)(2) of...
OISC level 2 advisers are expected to have a detailed knowledge of the structure and sources of immigration law, the procedures for making an application and the key principles of immigration control. In these next two units we go over these foundational concepts, before making a start on the different...
Judicial review is only viable where a claimant can persuade a court or tribunal that there are grounds for judicial review. These are categories of legal error, and are often summarised as encompassing the following (although they can be broken down into a much longer list): Page contentsIllegalityIrrationalityProcedural unfairnessDisproportionality Illegality...
We have been flagging up concerns about the Home Office use of withdrawals for a couple of months now. We have covered the changes to the immigration rules relating to the withdrawal of asylum claims that come into effect on 7 August 2023, and published a briefing on withdrawals. The...
If you married an EU national in the UK after 31 December 2020, you can’t get leave to remain under the EU Settlement Scheme unless you previously had or applied for an EEA residence card or family permit as their durable partner. That remains the case even if you would...
The Illegal Migration Act 2023 has now been published, after receiving Royal Assent on 20 July 2023. Previously, we have covered the provisions of what was then the Illegal Migration Bill in detail, so for the purposes of this article we look at what substantive changes have been made during...
This month Colin and Sonia discuss the history of asylum law and the Windrush generation, some asylum developments and procedural updates, and the latest case law. They also discuss the Rwanda judgment. If you would like to claim CPD points for reading the material and listening to this podcast, complete...
This month Sonia and I discuss the Rwanda judgment (we’re saving that to the end as our good news story), a couple of fairly lengthy immigration and asylum history blog posts I’ve been working on for a while, several asylum developments and also our Refugee Week content, some procedural updates,...
A would-be student stopped on arrival in the UK was wrongly denied a solicitor in interview, the High Court has found in R (on the application of Kumar) v Secretary of State for the Home Department [2023] EWHC 1741 (Admin). The facts Mr Kumar arrived at Manchester Airport with a...
Can a judge ignore part of a Home Office decision if their representative doesn’t mention it in court? No, said the Court of Appeal in Shyti v Secretary of State for the Home Department [2023] EWCA Civ 770. The case The appellant, Mr Shyti, was challenging a decision to deprive...
This post reflects on last week’s extraordinary Court of Appeal judgment on the Rwanda policy. You can read our initial take on this here. Appeal to the Supreme Court The government has already announced its intention to seek leave to appeal to the UK Supreme Court. The key issues that...
