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Getting Tough at Strasbourg?

By Richard, 08 May 2012
The media have been much exercised with the way that 'foreign criminals', who are now liable to 'automatic' deportation, are able to invoke the European Convention on Human Rights in order, quite often, to prevent deportation from going ahead. It is actually six years since the 'foreign…

Judicial Review in the Upper Tribunal - HJT's December Conference

By Mark Symes, 18 October 2011
Judicial Review in the Upper Tribunal - HJT's December Conference HJT Training held a very successful session on the transfer of judicial reviews to the Upper Tribunal on 30 September 2011. Speakers included Deputy President of the Upper Tribunal (Immigration and Asylum Chamber) Mark…

Transfer of judicial review

By Colin Yeo, 10 October 2011
The HJT Training conference on transfer of some forms of judicial review into the Upper Tribunal was a sell out and the event was a great success. Mark Ockelton, Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, revealed a number of interesting points,…

Asylum Appeals to the Court of Appeal Radically Cut

By Mark Symes, 15 August 2011
It is a dark day for asylum seekers and their ability to obtain lawful adjudications on their appeals on Refugee Convention grounds. Alive to the 77% increase in applications for permission to appeal in immigration cases since 2005, the majority of which were from reconsiderations by…

Family Members of Points Based System Migrants

By Mark Symes, 13 November 2010
The remedies for those who have been refused entry clearance (visas) under the Points Based System (PBS) are rather slight. There is in general no appeal under the immigration rules, a restriction achieved by a rather arcane legislative route: section 88A(1) of the Nationality Immigration…

Fees to lodge appeals on the way

By Colin Yeo, 26 October 2010
The Government intends to start charging fees to lodge immigration appeals, including asylum appeals. A 12 week public consultation has been launched. You can have your say and access the relevant documents here. The proposed fee levels are as follows: Around £65 for paper hearings in the…

Immigration Amnesty

By Mark Symes, 17 August 2010
Nothing quite gets the blood racing like this topic. So I thought I would briefly write about some aspects of the question. Firstly, of course, it must be appreciated that there is no such thing as an amnesty officially acknowledged. Such material as there is inhabits the blandly…

Effect of a determination on non parties

By Colin Yeo, 20 December 2010
The High Court recently had reason to consider the extent to which courts and tribunals are able to bind non-parties with a determination or judgment. The case is R (on the application of PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin) (04 August 2010) and it makes interesting…

Can an asylum seeker be a student for immigration rule purposes ?

By Mark Symes, 26 January 2011
Can an asylum seeker be a student for immigration rule purposes ? This matters in practice, because if they can, it might be wrong for the Secretary of State to curtail their leave to remain as a student when refusing them asylum. Time there was when one might have imagined only answer to…

Bringing workers into the UK - European Union law and Vander Elst

By Mark Symes, 12 February 2011
As entry for migrants becomes increasingly difficult under the Points Based System, it is necessary to consider what other avenues might be available for firms to bring staff into the United Kingdom. For those firms incorporated elsewhere in the European Union there may be an avenue under…
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