Guest blog

Latest blog posts

UK Supreme Court limits application of the public sector equality duty overseas

By Ben Amunwa, Law mostly, 18 July 2023

The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers. Does the public sector equality duty in…

Unpublished policy and unlawful detention: a case note on R (MXK) v Secretary of State for the Home Department

By Lance Baynham, UK Human Rights Blog, 04 July 2023

In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that: the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be…

Why UK court ruled Rwanda isn't a safe place to send refugees – and what this means for the government's immigration plans

By Natalie Hodgson, University of Nottingham, via The Conversation, 04 July 2023

The Court of Appeal has ruled against the UK government's plan to send asylum seekers to Rwanda, adding a significant legal hurdle to the prime minister Rishi Sunak's promise to "stop the boats". Under the migration partnership announced in April 2022, the UK government could send people…

New Judgment: R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23

By UK Supreme Court Blog, 03 July 2023

The public sector equality duty ("PSED") imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of…

Use It Or Lose It – Underused UK Visa Routes

By Katerina Woodcock, Latitude Law, 29 June 2023

The Skilled Worker route is becoming a popular choice for migrant workers in post-Brexit UK now that European citizens are subject to immigration control and require sponsorship unless they are able to apply under other categories such as the EU Settlement Scheme. Sponsorship of migrant…

New Judgment: R (on the application of Wang and another) v Secretary of State for the Home Department [2023] UKSC 21

By UK Supreme Court Blog, 21 June 2023

This appeal relates to the interpretation of the Immigration Rules, in particular the Tier 1 (Investor) Migrant regime (as in force in December 2017 – it has since been closed). This regime was designed to grant leave to remain to high-net-worth individuals making a substantial financial…

Tolerance of human rights violations against refugees has reached alarming levels in Europe

By Dunja Mijatović, Commissioner for Human Rights, Council of Europe, 19 June 2023

"I am struck by the alarming level of tolerance to serious human rights violations against refugees, asylum seekers and migrants that has developed across Europe" says Council of Europe Commissioner for Human Rights, Dunja Mijatović, from Lampedusa today, ahead of World Refugee Day…

Upper Tribunal: Postponing biometrics and entry clearance

By Asad Ali Khan, 15 June 2023

R (MRS & Anor) v ECO (Biometrics, Entry Clearance, Article 8) [2023] UKUT 85 (IAC) (30 Mar 2023) The Upper Tribunal thinks that it is open for the Home Office, in line with article 8 of the ECHR, to have a biometric discretion policy that places significant weight to the public…

Illegal migration bill: the concern for children's rights keeping the House of Lords up all night

By Elizabeth A Faulkner, Keele University, via The Conversation, 12 June 2023

The illegal migration bill passed through the House of Commons earlier this year, but is being fiercely contested in the House of Lords. The bill is currently at the committee stage which allows the members to scrutinise the text and make amendments. With only five days scheduled for…

Court of Appeal on credibility, standard of proof and appellate court's role

By Asad Ali Khan, 07 June 2023

MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 (28 February 2023) The central issue in this appeal was whether the Upper Tribunal was entitled to reach the conclusion that the appellant's claim for international protection failed because of his lack of…

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EIN's guest blog is intended as a platform where we gather together some of the best of immigration law blogging.

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