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Perhaps it’s the Donald Trump effect? The government yesterday announced two policy changes that should benefit migrants in the UK, just as the famously anti-immigrant reality TV host President of the United States was landing at Stansted airport. First, legal aid is to be restored for lone child migrants. Justice minister Lucy Frazer QC announced that following a judicial review by the Children’s Society, the government plans to: lay an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to bring immigration matters for unaccompanied and separated children into scope of legal aid. The Children’s Society said that the change is the result of a “five year-long...
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Afzal v East London Pizza Ltd (t/a Dominos Pizza) (Rev 1) [2018] UKEAT 0265_17_1304 is a decision of the Employment Appeal Tribunal. It touches on the vexed issue of an employee continuing to work while awaiting a decision from the Home Office on an immigration application. From an immigration law perspective, none of the parties cover themselves in glory in this case. I do, however, think that says more about the complexity of the immigration regime, and employers’ fear of the punitive “hostile environment” (£20,000 fine anyone?) rather than being a reflection on the parties, lawyers, or judges. Unlawfully dismissed for not providing proof of attempt to renew immigration status The...
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The chief inspector of prisons has attacked the Home Office for its “unacceptable” failure to respond to his reports on immigration detention centres. Peter Clarke, writing in the annual report of HM Inspectorate of Prisons, said that only half the action plans supposed to be drawn up had been sent to him since December 2016. Mr Clarke says: After every inspection of an immigration detention facility it is the agreed protocol with the Home Office that within three months of the publication of the report, an action plan will be produced to address issues raised during the inspection. It is disappointing to report that despite my writing to the then...
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Two years after the referendum vote to leave the European Union, the government has published a White Paper describing what it wants from the future relationship between the UK and EU. The 100-page document includes some references to the future of immigration from the EU, but only in certain, limited areas. Overall, the government does not have a policy on what will replace free movement of people. That is to be the job of a separate White Paper and an Immigration Bill, which “will bring EU migration under UK law, enabling the UK to set out its future immigration system in domestic legislation… further details of the UK’s future immigration...
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The unmarried partner of a British citizen who returns to the UK having resided in another EU country does have rights under EU law, the Court of Justice of the European Union has today held in the case of C‑89/17 Banger v UK. The court also finds that if such a person is refused, he or she is entitled to a proper investigation of the factual basis of the case. In other words, the Court of Justice extends the principle of the Surinder Singh judgment to extended family members. You can read our earlier post on the Surinder Singh route here: The Surinder Singh immigration route: how does it work?. The judgment...
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The latest, and presumably last, amendments to the EEA Regulations were laid before Parliament on 3 July 2018. The Immigration (European Economic Area) (Amendment) Regulations 2018 (SI 2018 No. 801) will come into force on 24 July 2018. Implementing a number of cases decided by the Court of Justice of the European Union, the amendments make the following changes to the Immigration (European Economic Area) Regulations 2016 (SI 2016 No. 1052). Dual nationals Since 2012, the Secretary of State has interpreted the case of C-434/09 McCarthy to mean that British citizens who also hold the nationality of another EU country cannot rely on the EEA Regulations when sponsoring their family members. Unless they could use the...
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The right of free movement for EU migrants could be replaced with something more like the arrangements making travel easier for Canadian business people, the Home Secretary has said. Sajid Javid told the Home Affairs committee of MPs today that free movement will end after Brexit, “full stop”, and repeatedly mentioned the immigration components of an Canadian-EU trade deal — limited to “labour mobility” for professionals — as an example of what could replace it. Asked about post-Brexit immigration policy, Javid told MPs: The Canada-EU trade agreement, CETA, includes labour mobility provisions which apply to the UK today. I think that’s a good example of the kind of mobility that...
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Another shot fired in the ongoing skirmishes between judges, perhaps starting to feel some of the workload pressure that legal aid lawyers have been labouring under for years, and immigration practitioners. Last week a JUSTICE report ominously recommended “greater use of the Hamid procedure”, a hearing convened to haul practitioners over the coals for improper conduct. Little is said in the report of ongoing institutional ineptitude at the Home Office other than some vague and un-actionable exhortations to improve communications and improve decision-making. Days earlier, the Court of Appeal had taken named counsel to task for “failing to adhere to proper standards of appellate advocacy”. The judgment, handed down on 28...
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The Upper Tribunal does not take kindly to the assertion that it operates “unwritten rules”, as was argued in the recent case of SS (Sri Lanka) [2018] EWCA Civ 1391. The points before the court related to delay in promulgating a decision where credibility is in issue and whether a delay of three months makes the decision unsafe. The appellant’s hearing before the First-tier Tribunal was on 23 December 2014. For reasons that remain unclear (excess Christmas pudding perhaps?) the determination was not prepared until 23 April 2015. Due to an administrative error by the judge it was not promulgated until 5 June 2015. The appellant sought to argue that there was...
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The new case of QR (Pakistan), R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1413 is yet another example of fallout from last year’s Supreme Court judgment in Kiarie and Byndloss, relating to the infamous “deport first, appeal later” policy. The QR judgment itself doesn’t give much more guidance than we already had, but it is a good opportunity to take stock of where we are at with out-of-country appeals. Background: QR and out-of-country appeals QR is a Pakistani citizen, married to a British woman. He was served with a notice of a decision to deport him, which he challenged on Article 8 grounds...
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