Those who deal regularly with the UK Border Agency will sadly be accustomed to receiving unfair decisions, which can have a devastating impact upon the lives of their clients, no matter how blameless they may be. Read more...
On the 10 December 2010, the Court of Appeal, promulgated Secretary of State for the Home Department v DD (Afghanistan)[2010] EWCA Civ 1407. This is a fundamental review of the law in relation to exclusion under the Geneva Convention on Refugees under Article 1F(c). Read more...
Ms Pengayo was studying with Leave in the United Kingdom. She enrolled upon a course at an approved college in accordance with Home Office Guidelines. Later however the college was removed from the register because it had been found to be issuing some bogus qualifications. Read more...
Duncan Lewis has been awarded contracts for onsite surgery rotas and in immigration services for fast track scheme rotas at many immigration removal centres. Duncan Lewis has one of the largest immigration departments in the UK. Read more...
It is already established principle after the Supreme Court ruled in HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department that no person should be expected to modify their behavior in order to avoid persecution. Although that particular appeal concerned the right of homosexuals in Iran and Cameroon not to be required to hide their sexuality, could the same principle be applied to political refugees who claim a right not to be expected to demonstrate a particular political opinion? Read more...
I had been inspired by QC Ian MacDonald’s take on this same issue in his book: MacDonald’s Immigration Law & Practice; the First Supplement to the Seventh Edition. I commend the learned QC for opening up a debate on this issue and whilst the learned QC had broadened his question for a rethink on the whole of the UK deportation law; I have limited my argument to the deportation of EU nationals. Read more...
The ‘seven year policy’ (DP5/96) previously provided that a minor child who had spent seven years in the United Kingdom should not normally be subject to removal (and that the child’s parents should then also be granted leave to remain). Read more...
Given that the right to liberty is accepted by all concerned as being at the very heart of the protection that the courts provide from the arbitrary power of the state, it is perhaps surprising that there is a dearth of authorities on the ambit of Saadi. Read more...
Costs issues regularly arise in the context of judicial review proceedings. Often, as the claimant is financed by the Legal Services Commission, the issue is not considered pivotal. However, given the significant financial costs in bringing the proceedings, this is problematic. Read more...
Most of us hoped that the presence of the Lib Dems in the new government would see transference of at least some of their manifesto pledges on immigration into actual Government policy. However, one of the Coalition’s first announcements concerning asylum policy does much to dash these hopes. Read more...
Nearly 30,000 people are held in immigration detention in the UK every year. It has long been the Secretary of State (SSHD)’s own policy that those suffering from serious medical conditions or the mentally ill are normally considered suitable for immigration detention in “only very exceptional circumstances” . Read more...
The state is understandably eager to deport foreign criminals; many foreign criminals, for their part, are equally eager to stay, often relying on an established family life within the United Kingdom. Read more...
On 15 February 2007, Professor Marianne Hester, Head of the Centre for Gender and Violence Research at the University of Bristol’s School for Policy Studies, delivered a report commissioned by the Home Office. Read more...
Freedom of movement for EU workers and their families within Member States has long been established under EU law. Article 10 of the EC regulation provided that the members of the family of a migrant worker had the right to install themselves with that worker, irrespective of their nationality. Read more...
In November 2008, the UK Border Agency (UKBA) introduced a new system making it compulsory for migrants from outside the European Economic Area and Switzerland to obtain an identity card for foreign nationals (ICFN). Use of ICFNs is being introduced gradually by immigration application type. Read more...
The Court of Appeal has ruled (Duncombe, Fletcher and others v Secretary of State for Children, Schools and Families) that staff regulations instituted by the board of governors of the ‘European Schools’, that restricted the period of employment of teachers to nine years, were unlawful as the rule could not be objectively justified as necessary under the EC Fixed-Term Workers Directive and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, which implement the Directive into UK law. Read more...
The linked judicial reviews of the decisions of the Secretary of State for the Home Department by T and M [2010] EWHC 435 (Admin) were heard before Collins J on 18 February 2010 and the judgement is now available on BALLI1. This case will clearly be of great importance to Immigration and Public Law Practitioners in so far as it impacts upon the position of unaccompanied minors and the Dublin Convention. However the focus of this article is upon the findings of Mr Justice Collins in relation to same day removal. Read more...
Delays on the part of UK Border Agency under the Legacy Exercise and to resolve priority applications lead not only to frustration and anxiety on part of the applicants but may also lead to loss of unique talent, as a promising football player’s career is jeopardised by the unreasonable hold up in determining his application. Read more...
There are thousands of foreign nationals in the United Kingdom anxious to take employment if giventhe opportunity to work, and many employers would welcome the skills and work ethic that they canbring to the workplace. Employers are generally familiar, at least in outline, with the requirements ofthe Immigration Rules that apply to those that come to the United Kingdom for the purpose of takingemployment. In this series of articles we explore the position of those who may have the right to work in the United Kingdom, despite not entering for that purpose. Read more...
In February 2008 the Points Based System (PBS) was introduced where it was described as ‘the biggest shake - up to the UK immigration system for forty years”. The PBS combines over 80 pre existing work and study routes into five categories, or “tiers”. Read more...
There are thousands of foreign nationals in the United Kingdom anxious to take employment if given the opportunity to work, and many employers would welcome the skills and work ethic that they canbring to the workplace. Employers are generally familiar, at least in outline, with the requirements of the Immigration Rules that apply to those that come to the United Kingdom for the purpose of takingemployment. In this series of articles we explore the position of those who may have the right to work in the United Kingdom, despite not entering for that purpose. Read more...
In February 2008 the Points Based System (PBS) was introduced where it was described as ‘the biggest shake - up to the UK immigration system for forty years”. The PBS combines over 80 pre existing work and study routes into five categories, or “tiers”. Read more...
On 8 February 2010, the Parliamentary and Health Services Ombudsman, Ann Abraham, published a report into the immigration system entitled Fast and Fair; She found that the UK Border Agency (UKBA) have shown “numerous examples of very poor customer service”. The majority of complaints made to the UKBA are from people who are facing “long delays awaiting a decision on their application”. She also found “consistent failures in responding to correspondence and complaints, mislaid files and poor record keeping, failure to manage customers’ expectations (or unreasonably raising them) and poor standards of advice and information…” Read more...
On 8 February 2010, the Parliamentary and Health Services Ombudsman, Ann Abraham, published a report into the immigration system entitled Fast and Fair; She found that the UK Border Agency (UKBA) have shown “numerous examples of very poor customer service”. The majority of complaints made to the UKBA are from people who are facing “long delays awaiting a decision on their application”. She also found “consistent failures in responding to correspondence and complaints, mislaid files and poor record keeping, failure to manage customers’ expectations (or unreasonably raising them) and poor standards of advice and information…” Read more...