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Latest blog posts

Court of Appeal: Article 8 assessments are fact intensive

By Asad Ali Khan, 14 October 2019
GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 (04 October 2019) GM arrived in the UK from Sri Lanka as a student in 2010 and in August 2012 she married another Sri Lankan national. Their first child was born on 31 October 2012. Her student visa expired…

Court of Justice rules on source of income for Derivative Residence applications

By Dr. Catherine Taroni, Richmond Chambers, 02 October 2019
On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. In a Chen (C-200/02) Derivative Residence…

Avoiding real injustices: re-opening finally determined civil appeals

By Ben Amunwa, Law mostly, 13 September 2019
In a rare step, the Court of Appeal has granted an application to re-open an appeal where the judge deciding it did not have the right documents and the appellant had nowhere else to turn for a remedy against a Home Office family visa refusal. Low on the bucket-list of Lord Justices of…

Immigration Rules designed to keep families together cause families to be separated

By Gillian McCall, Richmond Chambers, 11 September 2019
Individuals coming to the UK for work or investment purposes, such as Entrepreneurs, Innovators, Investors, Sponsored Workers and Sole Representatives, are usually able to bring family members with them, including a Spouse or Partner and children who are under the age of 18. However,…

UK and France risk putting more migrants in danger

By Damon Culbert, Axis Solicitors, 06 September 2019
Following a meeting with French counterpart Christophe Castaner, Home Secretary Priti Patel stated that the UK and France would be investing more in policing along the French border to prevent people making the crossing on small, unsafe boats. Patel asserted that the UK would "not let…

Property investment and immigration

By Mark Burns, Pure Investor, 28 August 2019
If newspaper headlines are to be believed, the announcement of Brexit led to a sudden upsurge in UK nationals rushing to exercise their ancestral right to citizenship of other European countries and thus keep the right to live and work in the EU should they so wish. Taking out…

Father of Islamic State fighter fails in judicial review claim

By Thomas Beasley, UK Human Rights Blog, 22 August 2019
R (on the application of Abdullah Muhammad Rafiqul Islam) v Secretary of State for the Home Department [2019] EWHC 2169 (Admin) In a case that was described as "the first such case to have come on for hearing before this court" and one that shares many similarities with the tabloid-…

Why there is a need for mediators in immigration situations

By Elizabeth Bilton, Midlands Dove, 19 August 2019
Mediators are generally thought of as people who can diffuse conflict (of different sorts) and guide people towards a cooperative solution to the issue which is dividing them. In a typical mediation scenario, there is neither a "winner" nor a "loser". The aim of the mediator is to find…

Unreasonable Costs in Immigration Appeals

By Jasmine Theilgaard, Richmond Chambers, 07 August 2019
Prior to 2014, it was not possible to get an award for unreasonable costs in immigration appeals. However, Rule 9(2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chambers) Rules 2014 changed this, stating that the Tribunal may make an order in respect of costs…

BAME Students at Elite Universities: How Will Brexit Impact Them?

By Emily Hedgley, Immigration Advice Service, 05 August 2019
The Brexit vote that will eventually remove the United Kingdom from the European Union has raised many political questions, with British national identity being a dominant theme. Patrick Cockburn suggests "that Britain has become a more racist country since the Brexit referendum" He goes…
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