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Latest blog posts

New Perspectives on Paragraph 322(5) and ILR

By Asad Ali Khan, 10 December 2018
R (Khan) v SSHD (Dishonesty, Tax Return, Paragraph 322(5)) [2018] UKUT 384 (IAC) (3 May 2018) Migrants in the defunct Tier 1 (General) category used to be a viable source of highly skilled workers for the UK. Since the route was susceptible to abuse the Home Office abolished it…

Standard of Proof for Statelessness is Balance of Probabilities

By Asad Ali Khan, 01 November 2018
AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234 (12 October 2018) The Court of Appeal has held that those asserting that they are stateless need to prove their case on the balance of probabilities. But if such persons are for good reason unable to produce…

Supreme Court shakes up immigration law on the rights of settled children

By Ben Amunwa, Law mostly, 25 October 2018
Full analysis of this landmark judgment sets out fresh guidance for immigration cases on the law of children's best interests, and the extent to which parental misconduct can be considered in human rights claims involving settled children. The UK Supreme Court has given judgment in the…

Split Court of Appeal rules detention of asylum seekers unlawful

By Rajkiran Barhey, UK Human Rights Blog, 18 October 2018
R (on the application of Hemmati and Others) v The Secretary of State for the Home Department [2018] EWCA Civ 2122: The Court of Appeal has concluded, by a 2-1 majority, that the detention of five asylum seekers pending their removal to another country where they should first have claimed…

Open minds are needed to improve the protection of LGBTI asylum seekers in Europe

By Dunja Mijatović, Council of Europe, 12 October 2018
In many states around the world, lesbian, gay, bisexual, transgender and intersex (LGBTI) persons face serious violations of their human rights on account of their sexual orientation, gender identity or sex characteristics. These include killings, violence, the criminalisation of same-sex…

Human trafficking: is our system for combating it fit for purpose?

By Alasdair Henderson, UK Human Rights Blog, 02 October 2018
Human trafficking or modern slavery is one of the most appalling forms of criminal activity today. It's also one of the most widespread and fastest-growing. The International Labour Organisation believes that at any one time at least 40.3 million people around the world are being coerced…

Best interests – is the UK Home Office letting children down?

By Latitude Law, 25 September 2018
It is a long-established principle in the UK and many other jurisdictions that the government should act in the best interests of the child. The welfare of children must be a primary consideration (albeit not a paramount one), to protect one of the most vulnerable groups in our society.…
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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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