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Latest blog posts

What’s new in the Administrative Court Judicial Review Guide 2018?

By Ben Amunwa, Law mostly, 02 August 2018
Parties to judicial review claims should be familiar with this new Court guide or they could face adverse costs consequences. This post gives you a comparative analysis of the key changes since the 2017 guide. One of many highlights of the year for public lawyers is the publication of…

Banger: Extended Family Members are Covered by Surinder Singh

By Asad Ali Khan, 30 July 2018
In Banger (C-89/17, EU:C:2018:570), the CJEU recently held that the historic decision in Surinder Singh (C-370/90, EU:C:1992:296) applies to an extended family member (EFM) and where an EU citizen returns to his member state of origin it must facilitate the entry and residence of the…

Asylum statements: essential foundations or risk of collapse?

By Gabriella Bettiga, The Immigration Lawyer's Blog, 15 July 2018
We all agree that taking a witness statement when preparing an appeal is necessary, but when it comes to statements in the context of asylum applications, views tend to differ. Some legal representatives believe that a statement is a crucial part of evidence, and indeed the foundation of…

CJEU Cases and Changes to the EEA Regulations 2016

By Asad Ali Khan, 06 July 2018
The Immigration (European Economic Area)(Amendment) Regulations 2018 amend the Immigration (European Economic Area) Regulations 2016 in order to implement the effects of a string of judgments given by the CJEU. The new regulations come into forceon 24 July 2018. First of all, in line with…

A summary of Statement of Changes to the Immigration Rules HC1154

By Master Legal Services, 05 July 2018
The changes to the Immigration Rules made by June's Statement of Changes to the Immigration Rules (HC1154) will take effect from tomorrow, 6 July 2018, however in relation to these changes, if an application has been made for entry clearance or leave to enter or remain before 6 July 2018…

Free Movement: Home Office Softens its Stance on Retained Rights of Residence

By Asad Ali Khan, 25 June 2018
Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 (20 April 2018): In this case the Home Office extraordinarily conceded that for a third country national to retain residence rights in the UK under article 13(2)(a) of the Citizens' Directive (2004/38/EC) as a…

Home Office to pay damages for detention of immigrant claimant

By Frederick Powell, UK Human Rights Blog, 19 June 2018
R (on the application of Jollah) v Secretary of State for the Home Department [2018] EWCA Civ 1260: The Court of Appeal has upheld an award of damages for false imprisonment in the context of immigration detention. The Court found that an unlawful curfew which required residence at a…

Appealing UK Spouse Visa refusals

By Damon Culbert, Immigration Advice Service, 06 June 2018
The UK Spouse Visa is one of the most common visa types applied for in the UK. The number granted last year was higher than any other settlement visa (after students). Yet it’s also one of the most difficult to receive, owing to the strict requirements imposed upon it – including a £18,…

Article 8 After Agyarko: The Correct Approach

By Asad Ali Khan, 04 June 2018
TZ (Pakistan) and PG (India) v Secretary of State for the Home Department [2018] EWCA Civ 1109 (17 May 2018) These appeals were heard after the Supreme Court's decision in R (Agyarko) [2017] UKSC 11 (see here) which made it clear that the scheme established by the overhauled Immigration…

What does Brexit mean for thousands of EU nationals settled in the UK?

By Woodgrange Solicitors, 29 May 2018
Since the UK’s announcement to exit EU, there have been many reports about how Brexit will affect business and the economy and what its impact will be on the United Kingdom. Recently, a report has been provided by Migration Observatory that shows how Brexit will impact the EU nationals…
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