139 results
Key Immigration Cases: July-Dec 2018 Review
Key Immigration Cases: July-Dec 2018 Review In this free PDF download I review the key cases from July to December 2018 and explain why they are of interest. The review covers EU law, Article 8, health cases, the latest on the Educational Testing Services (‘ETS’) cases, procedural guidance on grants more...
27 Feb 2019 12:40
Chloe Ashley acts pro bono in modern day slavery caseChloe represented AS, an Afghan teenager with significant mental health disorders, charged with assisting an offender. AS’ plea was connected to a trial in respect of a robbery held in the Crown Court where several adults were jointly charged and subsequently convicted. AS entered the UK as an more...
Email address to request Home Office to review a case where appeal pending and there is new evidence
See this extract from a letter sent to ILPA by James Stevens, Director of Appeals, Litigation & Subjects Access Requests Directorate UK Visas & Immigration: ‘Given this higher rate we have decided that we will continue, for the time being, to maintain a dedicated resource to review new evidence and more...
New UT (IAC) Case Law: EFMs, New Matters, Human Rights Appeals and More
Here are the head notes from some new signifncant UT reported cases covering a wide range of topics. I have hyperlinked to the full judgments on Bailii: Kunwar (EFM - calculating periods of residence) [2019] UKUT 63 (IAC) (28 December 2018) (1) An "extended family member" ("EFM") of an EEA national more...
18 Feb 2019 11:35
The Round Up: Return from Syria and Immigration, Immigration, Immigration…Immigration cases have dominated human rights case law this week. However, perhaps the greatest controversy concerned the Home Secretary’s intervention in the case of Shamima Begum. News broke on Sunday morning that the nineteen-year-old had given birth in Syria to baby boy, having travelled to the more...
Permission to Appeal Applications and the Power to Set Aside
The President of the FTT (IAC) has issued a memorandum in relation to 'Permission to appeal applications from the First-tier Tribunal (IAC) to the Upper Tribunal and the power to set aside' . The President reminds representatives of rule 35 of the Procedure Rules and the power of the FTT to set more...
6 Feb 2019 09:00
Court of Appeal dismisses human rights claim for Afghan national who has lived in the UK for 10 yearsSA (Afghanistan) v SSHD [2019] EWCA Civ 53 Related Member(s): Tamara Jaber Related Practice Area(s): Immigration, Asylum and Free Movement, Human Rights Court: Court of Appeal (Civil Division) The Court of Appeal have dismissed the appellant’s appeal form a decision of the FTT, to refuse his claim more...
4 Feb 2019 10:54
The Round-up: immigration centres, military justice and human traffickingIn the news A cross-party group of MPs is seeking to put an end to indefinite detentionin immigration centres. Led by Harriet Harman MP, the Chair of the Joint Committee on Human Rights, the group are backing an amendment to the Immigration and Social Security Coordination (EU Withdrawal) Bill, more...
1 Feb 2019 14:31
Exchange Chambers barristers successfully prosecute ‘bogus colleges’ caseJane Greenhalgh (lead counsel) and Huw Edwards (junior counsel) from Exchange Chambers have successfully prosecuted three men for conspiracy to facilitate breaches of UK immigration law. Muhammad Babar Bashir, Tashina Nayyar and Koteswara Nallamothu were found guilty of using ‘bogus colleges’ to more...
Upper Tribunal (IAC) Reported Cases 2018
In this post I have set out the head notes for all of the UT (IAC) reported cases for 2018. Each case is hyperlinked to the full judgment on Bailii. This is an easy way to update yourself on the recent developments in the law. January Ahmad (scope of appeals) Pakistan [2018] UKUT 84 (IAC) (23 more...
22 Jan 2019 11:33
No5 barrister airs concerns over deportation methods following Judicial ReviewAn immigration barrister fears a Judicial Review has thrown up the possibility that the Government’s methods to deport EU nationals could end up costing the country hundreds of thousands of pounds. Becket Bedford, of No5 Barristers’ Chambers, led the review of a case involving a 19-year-old more...
21 Jan 2019 10:02
Round Up: Heated politics, immigration matters, and a win for The Mail OnlineIn his 1748 text ‘The Spirit of the Laws’, Montesquieu proposed his initial concept of what would ultimately become known amongst political scientists as the separation of powers. Mercifully, for both the writer of this blog and the time poor reader, this weekly round-up of events need only concern more...
2 Jan 2019 10:20
Immigration to the UK post-Brexit and impact upon domestic football clubsIMMIGRATION TO THE UK POST-BREXIT The Government last week updated the information publicly available about immigration to the UK post-Brexit[footnote 1]. The new system will not come into force immediately post-Brexit but after an “Implementation Period” during which further changes and refinements more...
2 Jan 2019 09:59
Questioning to establish whether a detained foreign national is lawfully in the UK under Operation Nexus is permissibleR (Centre for Advice on Individual Rights in Europe) v Secretary of State for the Home Department & Anor [2018] EWCA Civ 2837 Related Member(s): Dan Squires QC, Anita Davies Related Practice Area(s): Immigration, Asylum and Free Movement, Public Law Court: Court of Appeal (Civil Division) This more...
21 Dec 2018 14:01
James Dixon represents family at inquest critical of Home Office and Ministry of JusticeJames Dixon of No5 Barristers’ Chambers was instructed by Irwin Mitchell Solicitors in the case of an immigration detainee who died on the day he was set for release from a privately-run jail in Liverpool. At the conclusion of the inquest, in which the jury recorded a narrative verdict of suicide, more...
21 Dec 2018 09:28
Questioning to establish whether a detained foreign national is lawfully in the UK under Operation Nexus is permissibleR (Centre for Advice on Individual Rights in Europe) v Secretary of State for the Home Department & Anor [2018] EWCA Civ 2837 Related Member(s): Dan Squires QC, Anita Davies Related Practice Area(s): Immigration, Asylum and Free Movement, Public Law Court: Court of Appeal (Civil Division) This more...
Home Office amend their policy on reasonableness of children leaving the UK following KO (Nigeria)
The Home Office have amended their policy document ‘Appendix FM 1.0b: family life (as a partner or parent) and private life: 10-year routes’ publishing a new version on 19th December 2018. The updated guidance includes a revision to the section entitled ‘Would it be reasonable to expect the child to more...
Head Notes from the Latest UT (IAC) Reported Cases
Here are the head notes from the latest UT (IAC) reported cases (as of 16/12/18): Prathipati, R (on the application of) v Secretary of State for the Home Department (discretion - exceptional circumstances) [2018] UKUT 427 (IAC) (26 October 2018) 1) The Secretary of State has a discretion to allow an more...
Very Signifiant Obstacles: Treebhawon gloss disapproved of by Court of Appeal
In Parveen v The Secretary of State for the Home Department [2018] EWCA Civ 932 (25 April 2018) the Court of Appeal considered §276ADE(1)(vi) and the question of 'very significant obstacles' to integration. The test set out in the Immigration Rules was previously considered by a Presidential panel more...
20 Nov 2018 11:31
Court of Appeal refuses permission to appeal in Article 3 case — Vanessa LongIn the recent judgement of MM (Malawi) & MK (Sri Lanka) v SSHD [2018] EWCA Civ 2482 the Court of Appeal declined to grant permission to appeal to the Supreme Court for consideration of whether the test under Article 3 for removal of foreign nationals in medical cases, as set out in Paposhvili v more...
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