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Latest blog posts

Immigration Judicial Review moving to Tribunal

By Mark Symes, 04 March 2011
Presently the Administrative Court has a power to transfer judicial review proceedings into the Upper Tribunal: but rather a sterile one in the immigration field, because of the wording of section 31A of the Seniors (previously, Supreme) Courts Act 1981, which excludes judicial review where it involves a challenge to a decision made under the immigration acts or the British Nationality Act 1981.

Fresh claims

By Colin Yeo, 08 March 2011
In R (on the application of MN (Tanzania)) v Secretary of State for the Home Department [2011] EWCA Civ 193 the Court of Appeal has yet again returned to the vexed issue of the standard of review in asylum fresh claim judicial reviews. As Mark discussed last week, this category of judicial review claim will be heard in the Upper Tribunal from 1 October 2011. The first paragraph of the judgment is…

Zimbabweans - new Country Guidance in EM, and developments on Article 8

By Mark Symes, 15 March 2011
The decision in EM Zimbabwe of 14 March 2011 changes the prevailing situation of Zimbabwe asylum seekers. From 19 November 2008 until 13 March 2011, RN Zimbabwe prevailed, meaning that the critical issue for a person whose primary asylum claim had failed, and now relied on the general country evidence, was whether they could show loyalty to the Zanu-PF regime, in circumstances where they might…

Proving Rights of Residence regarding EEA Estranged Spouses

By Mark Symes, 17 May 2011
In the recent decision of Amos, we find the Court of Appeal commenting on the approach to the European Union law of right found in the Citizens Directive and transposed into the domestic EEA Regulations by Regulation 10(5) and 15(1)(f).
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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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