Like me, readers may have detected some uncertainty from the First-tier and Upper Tribunals about how best to determine claims of former UASCs from Afghanistan in light of EU and […]
In Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the […]
The Upper Tribunal has rejected the Government’s attempt exhaustively to define the scope and meaning of Article 8 private and family life in the controversial new immigration rules introduced in […]
On Tuesday this week the Court of Appeal handed down two important new cases on deportation. The first is Mohan v Secretary of State for the Home Department [2012] EWCA […]
Continuing with our efforts to decipher and digest the new Immigration Rules, this post examines the changes made to the categories relevant to parents of children who are here in […]
The Court of Appeal’s judgement in KA (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 1014 makes it absolutely clear that the Secretary of State’s […]
Following up from yesterday, this post is now going to look at the second case of two from the Upper Tribunal setting further guidance as to how to deal with […]
Two cases were reported very recently from the Upper Tribunal both looking at the impact of family court proceedings and orders on immigration proceedings and vice versa. The first case […]
The recent Supreme Court cases of HH, PH & BH [2012] UKSC 25 did not concern the deportation or expulsion of one or both parents, but rather their extradition. In HH, an […]
In Buama (inter-country adoption – competent court) Ghana [2012] UKUT 146 (IAC) Upper Tribunal Judge Warr held that there is no basis for the UK Border Agency to go behind a court […]
The UK Border Agency will start x-raying children again from 29 March 2012 in order to determine their age. This practice is highly controversial. The letter announcing the resumption of […]
This is the week in which Human Rights Watch reported that ‘Children deported to Kabul will face horrible risks‘ and Amnesty International reported that at least 28 children had died […]
In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of both the First Tier and […]
Today’s report by the Children’s Commissioner, Landing in Dover, exposes gross double standards by UK Border Agency officials. The report reveals the existence of a so called ‘gentleman’s agreement’ operating […]
The Upper Tribunal in T (s.55 BCIA 2009 – entry clearance) Jamaica [2011] UKUT 00483 (IAC) has decided that section 55 of the Borders, Citizenship and Immigration Act 2009 does […]
There are two recent cases to cover on this subject. The first is AJ (India) v Secretary of State for the Home Department [2011] EWCA Civ 1191, in which I […]
NA (Iran) v Secretary of State for the Home Department [2011] EWCA Civ 1172 This case concerned a challenge to the decision of the SSHD to remove the Claimant, and […]
In a judgment handed down yesterday HH Judge Anthony Thornton QC has given some very interesting guidance on the scope of the duty under section 55 of the Borders, Citizenship […]
HM Inspectorate of Prisons yesterday published two reports based on unannounced inspections of the short term immigration holding facilities at Heathrow Terminals 3 and 4 (Terminal 3 report here and […]
The legal luggage carousel of the tribunal’s reporting committee has deposited a large batch of new cases in the arrivals hall of BAILII. Some of these cases are interesting, others […]
Last weekend I finally read the Refugee Council report Lives in the Balance: The quality of immigration legal advice given to separated children seeking asylum. It is a short, sharp, very […]
Quick plug for a new publication from the Immigration Law Practitioners Association, to which I contributed a chapter. It is called Working with Refugee Children: Current Issues in Best Practice […]
Firstly, I should apologise for getting behind with my updates. I have nominally been on holiday this last week and my internet connection, perhaps fortuitously for my holiday, died unexpectedly […]
A slightly belated post to highlight another important decision of the Court of Appeal that will have relevance to both immigration and family law practitioners. R (FZ) v London Borough […]
The long awaited new Country Guidance case on Zimbabwe is finally out: EM and Others (Returnees) Zimbabwe CG [2011] UKUT 98 (IAC) (BAILII link here). It includes interesting guidance not only […]
The Home Office has introduced a new way of dealing with the return of families from the UK. It is called the ‘family return process’. If it is faithfully implemented […]
This is a problem that has been addressed previously on the blog: what can be done when a person makes an immigration application but for technical legal reasons is not […]
An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings – discretionary leave) Morocco [2010] UKUT […]
In what to me is a shocking development, we learn through the case of R (on the application of AO) v Secretary of State for the Home Department [2011] EWHC 110 […]
The Supreme Court has today handed down judgment in a major case on the best interests of children generally and the best interests of British Citizen children specifically. ZH (Tanzania) […]
The routine detention of immigrant children by the last Government was a disgrace. Claimed changes to detention policy by the current incumbents and the recent case of R (on the […]
I’m a bit behind the times at the moment for all sorts of reasons (giving up blog, lots happening in immigration law, having first baby) and this is one of […]
There have been two big developments in the last week or so: the ‘ending’ of child detention and the successful challenge to the temporary mad cap (as I link to […]
UKBA has published a new policy on dealing with children, specifically asylum applications by unaccompanied children. It went ‘live’ on 1 September 2010 and can be found with the earlier […]
Yet more good news, this time for children and their parents. In LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) the President of the Immigration and […]
There have been two interesting recent cases on Article 8. The most recent and far and away most important is SS (India) v Secretary of State for the Home Department […]
