Man unlawfully denied spouse visa wins appeal too late
Free Movement
by Francesca Sella
4h ago
“Although I have considerable sympathy for Mr Tomlinson, we are unable to wind back the clock so as to put right the historic injustice”. This quote perfectly summarises the bittersweet victory for the appellant in the recent Court of Appeal case of R (Tomlinson) v Secretary of State for the Home Department [2025] EWCA Civ ..read more
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Free Movement Weekly Immigration Newsletter #61
Free Movement
by Sonia Lenegan
19h ago
Welcome to the weekly Free Movement newsletter! On Tuesday last week the Home Affairs Select Committee heard oral evidence for their inquiry into asylum accommodation from witnesses including David Bolt, the interim Independent Chief Inspector of Borders and Immigration (for a little while longer at least). The written evidence submitted to the inquiry has also been published and it ..read more
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New sanctions for failure to comply with biometric regulations in eVisas changes from 27 March 2025
Free Movement
by Sonia Lenegan
1d ago
Following a consultation that took place in 2023, some important changes are being made to eVisas via the Immigration (Biometric Information etc.) (Amendment) Regulations 2025 which were made yesterday and come into force on Thursday 27 March 2025 (although not all powers will be used from then). The explanatory memorandum is here and I have ..read more
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High Court confirms ability to challenge lawfulness of withdrawal decision in asylum support appeal
Free Movement
by Sonia Lenegan
1d ago
In a decision on asylum support last year, the judge invited the Home Secretary to apply for judicial review of the tribunal so that guidance could be provided to asylum support judges on jurisdiction in implicit withdrawal cases (i.e. where the Home Office has deemed an asylum claim withdrawn). The Home Secretary did so and ..read more
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Court of Appeal confirms Home Office must consult Medical Justice on immigration detention policy
Free Movement
by Sonia Lenegan
2d ago
The Home Secretary has been only partially successful in the Court of Appeal in relation to Medical Justice’s challenge to the introduction of a policy allowing caseworkers to refer medical evidence for a second opinion from the Home Office’s medical staff where they believed that standards were not being met. The policy has since been ..read more
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Home Office decision to “correct” grant of indefinite leave made in error held to be lawful
Free Movement
by Sonia Lenegan
5d ago
The Upper Tribunal has held that the Home Secretary has an implied power to correct inadvertent errors, following a judicial review brought by a man whose grant of leave erroneously referred to his being granted settlement instead of limited leave. The case is R (YC) v Secretary of State for the Home Department JR-2024-LON-000850 On ..read more
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Inspection of fee waiver applications notes improvement in processing times, concerns about decision quality
Free Movement
by Sonia Lenegan
5d ago
The Independent Chief Inspector of Borders and Immigration’s report “An inspection of the Home Office’s management of fee waiver applications  (August 2024 – November 2024)” has been published, and as always there are various interesting bits such as what on earth was going on with those tokens last year and the Home Office view on ..read more
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Increases to most Home Office fees from 9 April 2025
Free Movement
by Sonia Lenegan
6d ago
The government announced increases to some Home Office fees, including for electronic travel authorisation, skilled worker and naturalisation applications, earlier this year. It has now been confirmed that these and other increases, including to visitor, indefinite leave to remain and Appendix FM applications, will come into effect on 9 April 2025. The January announcement also ..read more
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No duty for Home Office to carry out impact assessment before revoking sponsor licence
Free Movement
by Jack Freeland
6d ago
The Court of Appeal confirmed in Prestwick Care Ltd & Ors, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 184 that the Home Office is not under a duty to carry out an assessment of the impact of sponsor licence revocation. The Home Office has no obligation ..read more
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No damages for failure to grant leave to survivor of trafficking
Free Movement
by Sonia Lenegan
1w ago
The Upper Tribunal has dismissed a claim for damages for breach of article 8 ECHR following on from the Home Secretary’s failure to grant the applicant discretionary leave as a victim of trafficking. The case is R (on the application of KM (Nigeria)) v Secretary of State for the Home Department (ECAT: where stay necessary ..read more
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