All Articles: opinion

Thought for the day

“I agree with my noble friend that no area is more complex than the whole business of the Immigration Rules and the procedures surrounding them.”

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Goodbye paragraph 395C?

Theresa May and David Cameron have promised to crack down on the perversion of human rights. May specifically stated that she wanted to amend the

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Immigration update course

I’m currently working on materials for a general immigration update course for HJT Training, taking place this Wednesday, 18th May. Click here to book if

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Access to Justice

As you may be aware, the deadline for responding within the Legal Aid Proposed Cuts consultation is imminent i.e. 12pm 14.02.2011.  If you have not

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Home Office waste

I thought I’d start putting together a list of the myriad ways in which the Home Office wastes money (mainly public funds, also private sometimes)

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Lions Led By Donkeys?

The tragic demise of Refugee and Migrant Justice, formerly known as the Refugee Legal Centre, leaves a gaping and unfillable void in the immigration sector.

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RMJ administration

I’ve been silent on this so far for fear of losing my rag. There is much distress still, and criticism of the administrators seems to

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Withdrawing representation

I re-Tweeted this a few days ago but thought it was worth highlighting for those who (arguably sensibly) do not follow the Free Movement Twitter

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Clean sweep

A sign of things to come: Following the UK general election on 6 May 2010, the UK Border Agency website has undergone some changes. All

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New Government

[UPDATE: The ‘Lib’ ‘Dems’ have agreed to a cap on non-EU immigration as part of the coalition deal. So, if too many people bring spouses

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A poor immigration history

Today seems an auspicious day to examine Labour’s recent immigration history. At first glance it may appear that Labour has been generous on immigration policy

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No PO… still

There was another story on the scarcity of Home Office Presenting Officers, this time in The Sunday Times. I’ve blogged about this before. They do

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AIT listing policy

This post is definitely one for other immigration lawyers. Anyone else will be left thinking ‘diddums!’ There is an ugly rumour abroad that immigration judges

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Excellent but awfully depressing article by Jo Renshaw of Legal Aid Lawyers of the Year 2012 firm Turpin & Miller in the New Law Journal on the effect of LASPO: …The list of casualties among those who are often the least able to fight their own corner is long and...

2nd April 2013
BY Free Movement

In preparing my two year old toddler son for another trip to the swimming pool on Saturday morning, I suddenly realise that I am teaching him how to remember details, what are the important or ‘right’ details (by my reaction when I laugh or smile at the answer) and how...

6th February 2013
BY Colin Yeo

A barrister … must promote and protect fearlessly and by all proper and lawful means the lay client’s best interests and do so without regard to his own interests or to any consequences to himself or to any other person (para 302, Code of Conduct of the Bar of England...

11th January 2013
BY Free Movement

“I agree with my noble friend that no area is more complex than the whole business of the Immigration Rules and the procedures surrounding them.” Lord Taylor of Holbeach in response to Lord Lester of Herne Hill, Hansard, 12 December 2012: Column 1087 (with thanks to Alison from ILPA).

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17th December 2012
BY Free Movement

The reported Upper Tribunal case of Kalidas (agreed facts – best practice) [2012] UKUT 00327 (IAC) underscores some important points of practice and procedure in the First Tier Tribunal (FTT). The case concerned an appeal before the FTT where it appears to have been agreed between the Appellant and Respondent...

23rd November 2012
BY Sanaz Saifolahi

There has been a lot of media coverage of judicial review applications in the last few days, as most readers will no doubt have noticed. The Government has announced plans to (a) reduce the time limit for judicial review from three months, (b) increase the court fees for bringing a...

21st November 2012
BY Free Movement

The President of the Queens Bench Division, Sir John Thomas, has issued a dire warning to solicitors applying for last minute judicial reviews and injunctions in immigration cases. The comments come in the case of R (on the application of Hamid) v Secretary of State for the Home Department [2012]...

14th November 2012
BY Free Movement

The Centre for the Study of Emotion and Law (CSEL) has recently collaborated in a new article Non-clinicians’ judgments about asylum seekers’ mental health: how do legal representatives of asylum seekers decide when to request medico-legal reports? by Lucy Wilson-Shaw, Nancy Pistrang and Jane Herlihy, which considers decisions made by...

13th November 2012
BY David Rhys Jones

Imprisoned lawyer Nasrin Sotoudeh and banned film maker Jafar Panahi have been awarded the Sakharav Prize. The Sakharav Prize, named after the Soviet scientist and dissident, is an annual prize, awarded by the European Parliament to individuals or organisations fighting for human rights and fundamental freedoms. Nasrin Sotoudeh is currently...

2nd November 2012
BY Sanaz Saifolahi

As the opening post in a mini series over the next few weeks on detention issues and cases I thought it would be worthwhile to give a plug to the work of the small charity Bail for Immigration Detainees (BID). BID relies on pro bono work by barristers in order...

29th October 2012
BY Colin Yeo

The UK Border Agency has taken to using social media to proclaim its propaganda on the ongoing purge of illegal immigrants from the United Kingdom. Conventional press releases are no longer sufficient. Free Movement has already covered the use of YouTube (see latest bizarre video here). Now Twitter, Storify and...

23rd August 2012
BY Free Movement

In the case of HJ (Iran) [2011] 1 AC 596 (post here) the Supreme Court held that self oppression can be persecution. To put it another way, being forced to conceal a Convention reason protected characteristic (sexuality, political opinion, religious faith and so on) would itself be persecutory. This self...

2nd August 2012
BY Colin Yeo

It will not have escaped the attention of immigration barristers in London that there are some very fresh faces in court acting for the Home Office. ‘Operation Present’ is back, sort of, with the Home Office having recruited a bunch of junior barristers to ensure no case goes uncovered. Free...

27th July 2012
BY Free Movement

I say ‘Tomato’, interpreter says ‘Potato’. I say ‘Potato’, interpreter says ‘Tomato’. Tomato. Potato. Potato? Tomato? Everyone thinks I’ve given inconsistent evidence, my credibility is shot to pieces, I’ve lost my case. Applied Language Solutions, the agency who won the Ministry of Justice’s contract to supply all courts and tribunals...

16th March 2012
BY Iain Palmer

The Legal Services Board has issued a consultation paper that proposes potentially major changes to the regulation of immigration advice and services. The deadline for responses is 24 May 2011. The LSB is critical of the current regulatory regime, saying of their own investigation into the immigration market in 2011:...

5th March 2012
BY Free Movement

Regular readers will know that Free Movement practises from Renaissance Chambers, as do the other contributors to the blog. We have been expanding our immigration team at Renaissance over the last few months and have now also relaunched our website. Last night was one of our periodic immigration lectures (more...

27th October 2011
BY Free Movement

Theresa May and David Cameron have promised to crack down on the perversion of human rights. May specifically stated that she wanted to amend the Immigration Rules to do so. Some of this is no doubt pure politics of the dogwhistle variety: it will not necessarily be followed by new...

14th October 2011
BY Free Movement

In his speech on Monday addressing the long term causes behind the recent looting, David Cameron blamed the State. The communities that erupted need less help, not more, it would seem. In some classic post-Blair, verb-free rhetoric, Cameron recited some rather tired soundbites (communities, rights, responsibilities, the usual). He also...

17th August 2011
BY Free Movement

It turns out that the muppets* at the Ministry of Justice have laid regulations that at first glance appear to forbid English and Welsh barristers and solicitors from appearing in the immigration tribunal in Scotland and Northern Ireland but which permit Scottish and Northern Irish equivalents to appear in England...

8th August 2011
BY Free Movement

I’m currently working on materials for a general immigration update course for HJT Training, taking place this Wednesday, 18th May. Click here to book if you are interested. As well as things I’ve already covered here on Free Movement I’ve learned a few interesting things from reading through Statements of...

16th May 2011
BY Free Movement

It looks like family visit appeals may be axed. Again. Those who have been doing this a while will no doubt be afflicted by a terrible sense of deja vu at this point, as this is not the first time this has happened. The news seems to have broken via...

10th May 2011
BY Free Movement

The recent scrapping of the old AIT website has rendered my old page of links to procedure rules and practice directions out of date. I found it useful myself, so here are a replacement list of useful links sourced from the new Ministry of Justice, Judiciary, Tribunals and legacy AIT...

27th April 2011
BY Free Movement

Last week was the annual Renaissance Chambers immigration lecture, and I promised to post up the notes and slides from the talks. It has been such a busy week that I haven’t even had time to accomplish that, for which I apologise. We all thought it went very well, and...

22nd April 2011
BY Free Movement

As you may be aware, the deadline for responding within the Legal Aid Proposed Cuts consultation is imminent i.e. 12pm 14.02.2011. If you have not done so already, may I urge all legal aid firms, not-for-profit organisations and supporters of legal aid generally to send in their responses. I will...

10th February 2011
BY Free Movement

With New Year Celebrations follow the dreaded New Year Resolutions, well for most of us anyway… And so this year, it is my task today to remind and urge as many of you as possible to respond within the consultation to the Green Paper proposing drastic cuts in legal aid....

12th January 2011
BY Free Movement

I thought I’d start putting together a list of the myriad ways in which the Home Office wastes money (mainly public funds, also private sometimes) in the small world of immigration. It makes my blood boil that legal aid is being brutally slashed in immigration and across the whole area...

20th December 2010
BY Colin Yeo

The tragic demise of Refugee and Migrant Justice, formerly known as the Refugee Legal Centre, leaves a gaping and unfillable void in the immigration sector. With its higher than average success rate and top notch training and nurturing programme for asylum lawyers, it is simply irreplaceable. What happened? I start...

7th September 2010
BY Free Movement

I’ve been silent on this so far for fear of losing my rag. There is much distress still, and criticism of the administrators seems to be growing. Alan George and George Joffe are seeking to hold the Legal Services Commission directly responsible for payment for their unpaid expert reports and...

30th July 2010
BY Free Movement

I re-Tweeted this a few days ago but thought it was worth highlighting for those who (arguably sensibly) do not follow the Free Movement Twitter account. The Times reported a case called Richard Buxton (Solicitors) v Mills-Owens & Anor [2010] EWCA Civ 122 in which the Court of Appeal held...

8th June 2010
BY Free Movement

A sign of things to come: Following the UK general election on 6 May 2010, the UK Border Agency website has undergone some changes. All news stories published before April 2010 have been removed from this website, as has information about our strategies and aims under the previous government. This...

13th May 2010
BY Free Movement

[UPDATE: The ‘Lib’ ‘Dems’ have agreed to a cap on non-EU immigration as part of the coalition deal. So, if too many people bring spouses and children in, the rest will have to wait until next year, and multi-national businesses will not be able to transfer employees to the UK?...

11th May 2010
BY Free Movement

Today seems an auspicious day to examine Labour’s recent immigration history. At first glance it may appear that Labour has been generous on immigration policy in recent times. In some respects this is right. Immigration has certainly increased since 1997. As Don Flynn wrote so perceptively in 2002 in Tough...

6th May 2010
BY Free Movement

There was another story on the scarcity of Home Office Presenting Officers, this time in The Sunday Times. I’ve blogged about this before. They do seem to be a bit of an endangered species at the moment, and unlike most animals on the endangered list also seem to be well...

26th April 2010
BY Free Movement

A sea change is needed on the detention of foreign nationals in the United Kingdom. Periods of detention have grown and grown in recent years. The Home Office never ask ‘should we detain this person’, they merely ask ‘can we detain this person.’ In a civilised country, the ultimate sanction...

22nd April 2010
BY Free Movement

The Office of the Immigration Services Commissioner (OISC) is currently consulting on the regulation of immigration advisers. Or, more accurately, the de-regulation of immigration advisers. It is illegal to give immigration advice in the UK unless the adviser is a member of an exempted profession (mainly solicitors and barristers) or...

11th November 2009
BY Free Movement

This Hello! style headline is perhaps the clearest sign yet that the Asylum and Immigration Tribunal will be abolished and amalgamated into the unified tribunal. The Home Office planning documents now state that the AIT will be scrapped, the AIT stakeholder meetings keep getting postponed and now the President of...

23rd April 2009
BY Free Movement

Someone brought this job advert to my attention. It’s been fun writing this blog and representing immigrants and asylum seekers, but duty calls. You have to be part of it to change it, as Steve Cohen undoubtedly would not have said. I’m confident I’ll get the job and very much...

20th April 2009
BY Free Movement

This post is definitely one for other immigration lawyers. Anyone else will be left thinking ‘diddums!’ There is an ugly rumour abroad that immigration judges at Taylor House doing the CMR list are going to start sending two cases a day to be heard at Yarl’s Wood detention centre near...

9th December 2008
BY Free Movement

Well, this is a bit of a surprise. “Cameron, David” has lodged an Early Day Motion opposing the latest change in the immigration rules (both latest changes: typically, the first set were badly drafted and needed almost instant amendment after publication). Thanks to John O at NCADC for spotting this...

12th November 2008
BY Free Movement

UPDATE 19/4/09: The Home Office has stopped charging for Certificates of Approval. They say their policy is under review and they say they are “carefully considering the implications for those who have already paid a fee and will shortly announce its policy in this respect”. More to follow when anything...

7th July 2007
BY Free Movement
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