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 […]
In the reported case of Sawmynaden (Family visitors – considerations) [2012] UKUT 00161 (IAC) the Upper Tribunal outline a number of factors relevant to the assessment of “genuine visitor”. In […]
A rare judgment on paragraph 317 of the Immigration Rules, the ‘other dependent relatives’ category, was handed down by the Court of Appeal last month and has so far escaped […]
The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of there being a free standing […]
As expected, the obscure but important Chapter 53 of the Enforcement Instructions and Guidance (‘Extenuating Circumstances’) has been amended following on from the scrapping of paragraph 395C of the Immigration Rules. The […]
In a slew of new documents published today the Government has heralded the end of quasi-automatic settlement for skilled foreign workers under Tier 2 of the Points Based System, the […]
A plethora of immigration tweaks were announced yesterday, mainly of a technical nature. There is still no sign of the introduction of a minimum income level nor the ending of […]
Looking at a few recent cases, there seems to be a trend emerging. In the face of over-complex legislation, and poorly-handled applications at the Home Office, the courts are finding alternative […]
The Government’s plan massively to increase the minimum income threshold required to sponsor family members to the UK came one step closer yesterday with the publication of a report by the […]
UPDATE: correct link added for training notes Omotunde (best interests – Zambrano applied – Razgar) Nigeria [2011] UKUT 00247 (IAC) This case has already been mentioned on the blog but […]
As well as formally lowering the spouse visa age back to 18 through a formal change to the Immigration Rules on 28 November 2011 in response to the Quila case, […]
UPDATE: see later post for information on applying for a review if your case has already been refused. The Government has announced today that the spouse visa age will be […]
The Exceptional Talent route attracted a lot of attention and comment when it was announced way back in November 2010. Questions were starting to be asked about what had happened […]
The Government yesterday launched another consultation on restricting immigration, this time family immigration. The splash on the UKBA website is here, the Ministerial statement here, the consultation document here and the […]
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 […]
I have had to redraft this post, which had been intended to be a good news story about a positive development at the UK Border Agency and which I had […]
There have been a number of interesting announcements by UKBA today, which I will add to the blog once I’ve had time to digest and consider. Most of them surround […]
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 […]
Immigration Minister Damian Green has authorised discrimination by visa officers on the basis of nationality. This follows on from a finding last year by John Vine, Chief Inspector of […]
I’ve just been in court doing yet another case where a solicitor has advised a client to do the ‘right’ thing and go abroad to make an application for entry […]
In his report late last year on the entry clearance operation based in Abu Dhabi, the ‘hub’ for processing claims from Pakistan and several Gulf states, the Chief Inspector of […]
A doctor ‘is no longer considered an acceptable professional person’ by the Home Office. The quotation is taken directly from an email from a policy adviser in the UKBA Nationality […]
[UPDATED: to include link to case] I won a case in the Upper Tribunal the other day that I think is worth sharing. Despite, or perhaps because of, the wide(ish) […]
New Immigration Rules have just been laid in Statement of Changes CM 7944. The main change is that the English language requirement for spouses and partners has been introduced, as […]
Practitioners have seen a considerable increase in the number of applications for entry clearance that have been refused on the general grounds for refusal. The reasons are often opaque at […]
Substantial rises are set for most immigration fees on 1 October 2010, on the basis of the laughable justification that UKBA ‘want to ensure that we can offer a good […]
The tribunal has allowed two appeals on the basis that Pankina does not only apply to the three month rule and that all an applicant need do is comply with […]
UKBA has laid Statement of Changes CM7929 to give effect (or, at least, limited effect) to the judgment of the Supreme Court in ZO (Somalia) [2010] UKSC 36. This was […]
Following Pankina, UKBA laid Statement of Changes HC 382, different parts of which came into effect on 23 July and 12 August 2010. The main changes were to incorporate into […]
I still use this blog as my own personal note book of developments I might well want to look up later. I’m currently updating and re-writing the HJT Immigration Manual […]
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 […]
Some tremendously good news for many refugees: in the new case of FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC) the tribunal has found that Article 8 appeals by the […]
The Government has laid a new Statement of Changes (HC 382) that incorporates the parts of the Points Based System policy guidance ruled unlawful in the Pankina and English UK […]
I’ve been so busy I forgot to post a link to this recent piece on The Guardian’s Comment Is Free site. I have an excuse to mention that now because […]
Firstly, I am well aware that this blog is seriously behind with a lot of the developments that have taken place in the last fortnight. And a lot has happened. I’ve […]
Yet more changes to the rules. Haven’t had a chance to look properly as I am on my way to Liverpool right now but the press release suggests tightening up […]
In the case of MD (Jamaica) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 213 the Court of Appeal has dismissed two appeals against refusals […]
The Lib Dems have tabled an objection to the latest Immigration Rules changes, covered earlier here on the blog. Under the ‘scrutiny-lite’ negative resolution procedure by which the rules become […]
I’ve just come across an interesting little judgment on mandatory refusal cases. It is only a permission decision so it has limited precedent value, but it is worth highlighting. The […]
