https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Tue, 21 Jan 2025 09:13:28 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://freemovement.org.uk/wp-content/uploads/2022/07/cropped-Goose-logo-32x32.png https://freemovement.org.uk 32 32 https://freemovement.org.uk/new-court-of-appeal-guidance-on-the-correct-test-to-be-applied-to-s-403-deprivation-of-citizenship-appeals/?utm_source=rss&utm_medium=rss&utm_campaign=new-court-of-appeal-guidance-on-the-correct-test-to-be-applied-to-s-403-deprivation-of-citizenship-appeals https://freemovement.org.uk/new-court-of-appeal-guidance-on-the-correct-test-to-be-applied-to-s-403-deprivation-of-citizenship-appeals/#respond Tue, 21 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218897 In Chaudhry v Secretary of State for the Home Department [2025] EWCA Civ 16, the Court of Appeal has confirmed the correct test to be applied in appeals against decisions of the Secretary of State to deprive a person of citizenship pursuant to section 40(3) of the British Nationality Act 1981 (where citizenship was obtained […]]]> https://freemovement.org.uk/new-court-of-appeal-guidance-on-the-correct-test-to-be-applied-to-s-403-deprivation-of-citizenship-appeals/feed/ 0 https://freemovement.org.uk/high-court-gives-guidance-on-secret-correspondence-for-charter-flight-removals/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-gives-guidance-on-secret-correspondence-for-charter-flight-removals https://freemovement.org.uk/high-court-gives-guidance-on-secret-correspondence-for-charter-flight-removals/#respond Thu, 16 Jan 2025 14:37:42 +0000 https://freemovement.org.uk/?p=218852 The Administrative Court has set some boundaries and given a warning of potential sanctions to the GLD regarding the withholding of charter flight details in removal cases. The case is R (Jasseh) v Secretary of State for the Home Department [2025] EWHC 47 (Admin). The claimant was issued with removal directions for a flight on […]]]> https://freemovement.org.uk/high-court-gives-guidance-on-secret-correspondence-for-charter-flight-removals/feed/ 0 https://freemovement.org.uk/court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation https://freemovement.org.uk/court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation/#respond Wed, 08 Jan 2025 12:39:53 +0000 https://freemovement.org.uk/?p=218145 The Court of Appeal in Northern Ireland has dismissed an appeal challenging refusal of Schedule 10 accommodation on the grounds that the applicant did not have a bail address, which is what she was asking for by making the Schedule 10 application. The situation endorsed by the Court of Appeal was described by the High […]]]> https://freemovement.org.uk/court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation/feed/ 0 https://freemovement.org.uk/home-office-wins-appeal-against-admitting-parents-of-separated-children/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-wins-appeal-against-admitting-parents-of-separated-children https://freemovement.org.uk/home-office-wins-appeal-against-admitting-parents-of-separated-children/#respond Mon, 06 Jan 2025 08:00:00 +0000 https://freemovement.org.uk/?p=217904 What should happen where young children are carried in a small boat to the United Kingdom and thereby separated from their parents in France? Should the children be returned to France to be reunited with their parents there? Or should the parents be admitted to the United Kingdom to be reunited here instead? These are some […]]]> https://freemovement.org.uk/home-office-wins-appeal-against-admitting-parents-of-separated-children/feed/ 0 https://freemovement.org.uk/supreme-court-finds-no-human-right-to-legal-status-if-its-your-own-fault-you-cant-be-removed/?utm_source=rss&utm_medium=rss&utm_campaign=supreme-court-finds-no-human-right-to-legal-status-if-its-your-own-fault-you-cant-be-removed Wed, 24 Apr 2024 13:18:22 +0000 https://freemovement.org.uk/?p=207691 In AM (Belarus) v Secretary of State for the Home Department [2024] UKSC 13, in a judgment delivered by Lord Sales, the Supreme Court has held that a man living in the United Kingdom for twenty six years with no immigration status was not entitled to status on human rights or other grounds because it […]]]> https://freemovement.org.uk/irish-high-court-finds-decision-to-list-the-uk-as-a-safe-country-for-asylum-seekers-is-unlawful/?utm_source=rss&utm_medium=rss&utm_campaign=irish-high-court-finds-decision-to-list-the-uk-as-a-safe-country-for-asylum-seekers-is-unlawful Thu, 28 Mar 2024 11:07:56 +0000 https://freemovement.org.uk/?p=206589 As reported last week, the Irish High Court has held that the decision to put the UK on the list of safe third countries to return people seeking asylum to has been held unlawful. The case is A & anor v The Minister for Justice, Ireland and the Attorney General & anor [2024] IEHC 164. […]]]> https://freemovement.org.uk/government-legal-department-told-by-high-court-to-keep-rather-basic-point-in-mind-when-advising-on-redactions/?utm_source=rss&utm_medium=rss&utm_campaign=government-legal-department-told-by-high-court-to-keep-rather-basic-point-in-mind-when-advising-on-redactions Mon, 18 Mar 2024 08:30:00 +0000 https://freemovement.org.uk/?p=205855 The government continues to try to maintain its ability to redact the names of junior civil servants in judicial review proceedings and the courts continue to tell them that they cannot do this. The latest instalment is MTA, R (On the Application Of) v Secretary of State for the Home Department & Ors [2024] EWHC […]]]> https://freemovement.org.uk/yet-another-afghan-judge-successfully-challenges-exclusion-from-resettlement-scheme/?utm_source=rss&utm_medium=rss&utm_campaign=yet-another-afghan-judge-successfully-challenges-exclusion-from-resettlement-scheme Thu, 07 Mar 2024 08:30:00 +0000 https://freemovement.org.uk/?p=205450 This is another successful challenge from a former Afghan judge who was unlawfully excluded from the Afghan Relocations and Assistance Policy scheme (ARAP). The case is MP1, R (On the Application Of) v Secretary of State for Defence [2024] EWHC 410 (Admin). Background MP1 worked as a criminal defence lawyer for an NGO in Afghanistan […]]]> https://freemovement.org.uk/rewarding-failure-home-secretary-permitted-to-withdraw-decision-under-appeal-following-failure-to-admit-excluded-evidence/?utm_source=rss&utm_medium=rss&utm_campaign=rewarding-failure-home-secretary-permitted-to-withdraw-decision-under-appeal-following-failure-to-admit-excluded-evidence Mon, 05 Feb 2024 08:30:00 +0000 https://freemovement.org.uk/?p=203800 The Upper Tribunal has approved a situation where the Home Secretary failed to comply with appeal directions to the point that the First-tier Tribunal ordered that evidence be excluded, and then in response to that sought to withdraw the decision under challenge. The case is Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC). I […]]]> https://freemovement.org.uk/high-court-reminder-in-age-assessment-challenge-of-the-importance-of-providing-papers-on-time/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-reminder-in-age-assessment-challenge-of-the-importance-of-providing-papers-on-time https://freemovement.org.uk/high-court-reminder-in-age-assessment-challenge-of-the-importance-of-providing-papers-on-time/#comments Tue, 30 Jan 2024 08:30:00 +0000 https://freemovement.org.uk/?p=202403 The case of R (Karimi) v Sheffield City Council [2024] EWHC 93 (Admin) is a reminder of the importance of filing skeleton arguments in a timely manner with the court. Mr Justice Fordham KC was considering the issue of permission in an age assessment judicial review against a local authority which had been refused on […]]]> https://freemovement.org.uk/high-court-reminder-in-age-assessment-challenge-of-the-importance-of-providing-papers-on-time/feed/ 1 https://freemovement.org.uk/cjeu-women-who-are-victims-of-gender-based-violence-can-qualify-for-refugee-status/?utm_source=rss&utm_medium=rss&utm_campaign=cjeu-women-who-are-victims-of-gender-based-violence-can-qualify-for-refugee-status Fri, 26 Jan 2024 08:30:00 +0000 https://freemovement.org.uk/?p=201736 The Court of Justice of the European Union has concluded that women who experience gender-based violence in their country of origin can be regarded as belonging to a ‘particular social group’ and qualify for refugee status. This is as a result of a preliminary reference made to the Court by Bulgaria in C‑621/21 WS v […]]]> https://freemovement.org.uk/high-court-quashes-home-office-policy-of-delaying-release-of-vulnerable-detainees-to-get-a-second-medical-opinion/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-quashes-home-office-policy-of-delaying-release-of-vulnerable-detainees-to-get-a-second-medical-opinion Fri, 19 Jan 2024 08:30:00 +0000 https://freemovement.org.uk/?p=201670 In the case of R (On the Application Of Medical Justice) v Secretary of State for the Home Department [2024] EWHC 38 (Admin), handed down on 12 January 2024, the High Court allowed a judicial review brought by the charity Medical Justice to a Home Office policy of seeking a second medical opinion in respect of vulnerable […]]]> https://freemovement.org.uk/asylum-support-increased-for-pregnant-women-and-very-young-children/?utm_source=rss&utm_medium=rss&utm_campaign=asylum-support-increased-for-pregnant-women-and-very-young-children Tue, 16 Jan 2024 08:30:00 +0000 https://freemovement.org.uk/?p=201446 On 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old under Regulation 10A of the Asylum Support Regulations 2000 would be increased in line with the Department of Health and Social Care’s ‘Healthy Start’ scheme. The increase was brought into […]]]> https://freemovement.org.uk/home-secretary-must-set-out-plan-to-eliminate-use-of-hotels-for-lone-refugee-children/?utm_source=rss&utm_medium=rss&utm_campaign=home-secretary-must-set-out-plan-to-eliminate-use-of-hotels-for-lone-refugee-children Tue, 12 Dec 2023 08:30:00 +0000 https://freemovement.org.uk/?p=199095 The Home Secretary must set out a lawful plan to completely end its use of hotels for accommodating lone refugee children. This is the conclusion of Judge Chamberlain in  R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin). The case is the latest in a […]]]> https://freemovement.org.uk/home-office-unaware-of-the-extent-to-which-mystery-stamp-has-been-used-to-grant-entry-to-uk-in-error/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-unaware-of-the-extent-to-which-mystery-stamp-has-been-used-to-grant-entry-to-uk-in-error https://freemovement.org.uk/home-office-unaware-of-the-extent-to-which-mystery-stamp-has-been-used-to-grant-entry-to-uk-in-error/#comments Fri, 08 Dec 2023 08:30:00 +0000 https://freemovement.org.uk/?p=198520 An Albanian national was mistakenly allowed to enter the UK by an immigration officer who used a stamp described by the Home Office Presenting Officer as “a stamp which is regularly encountered, but the use of which is shrouded in mystery”. As a result, he did not meet the requirements of Appendix EU nor fall […]]]> https://freemovement.org.uk/home-office-unaware-of-the-extent-to-which-mystery-stamp-has-been-used-to-grant-entry-to-uk-in-error/feed/ 1 https://freemovement.org.uk/objective-evidence-must-be-considered-when-deciding-very-significant-obstacles-to-integration/?utm_source=rss&utm_medium=rss&utm_campaign=objective-evidence-must-be-considered-when-deciding-very-significant-obstacles-to-integration Wed, 06 Dec 2023 08:30:00 +0000 https://freemovement.org.uk/?p=198515 The Court of Appeal has emphasised that consideration of whether there are very significant obstacles to a person’s reintegration is a practical test which must take into account objective evidence. The case is NC v Secretary of State for the Home Department [2023] EWCA Civ 1379. Background The appellant is a national of St Kitts […]]]> https://freemovement.org.uk/damages-claim-for-asylum-delay-dismissed-by-court-of-appeal/?utm_source=rss&utm_medium=rss&utm_campaign=damages-claim-for-asylum-delay-dismissed-by-court-of-appeal https://freemovement.org.uk/damages-claim-for-asylum-delay-dismissed-by-court-of-appeal/#comments Thu, 30 Nov 2023 08:30:00 +0000 https://freemovement.org.uk/?p=198434 The Court of Appeal has dismissed a claim for damages against the Home Secretary for a five month delay in granting refugee status, following a successful appeal, to a person with severe mental health issues. The case is FXJ v Secretary of State for the Home Department & Anor [2023] EWCA Civ 1357. Background The […]]]> https://freemovement.org.uk/damages-claim-for-asylum-delay-dismissed-by-court-of-appeal/feed/ 1 https://freemovement.org.uk/court-of-appeal-tells-home-office-to-reconsider-plainly-wrong-decision-on-turkish-business-person-application/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-tells-home-office-to-reconsider-plainly-wrong-decision-on-turkish-business-person-application https://freemovement.org.uk/court-of-appeal-tells-home-office-to-reconsider-plainly-wrong-decision-on-turkish-business-person-application/#comments Wed, 29 Nov 2023 09:14:04 +0000 https://freemovement.org.uk/?p=198390 The Home Office must reconsider an application in the now closed Turkish business person route after an poor initial decision to refuse was then compounded by flawed decision making on administrative review and in the subsequent judicial review. The case is R (Ozmen) v Secretary of State for the Home Department [2023] EWCA Civ 1366. […]]]> https://freemovement.org.uk/court-of-appeal-tells-home-office-to-reconsider-plainly-wrong-decision-on-turkish-business-person-application/feed/ 1 https://freemovement.org.uk/reflections-on-the-supreme-courts-rwanda-judgment/?utm_source=rss&utm_medium=rss&utm_campaign=reflections-on-the-supreme-courts-rwanda-judgment https://freemovement.org.uk/reflections-on-the-supreme-courts-rwanda-judgment/#comments Mon, 20 Nov 2023 08:30:00 +0000 https://freemovement.org.uk/?p=197981 This post reflects on Wednesday’s momentous Supreme Court decision in the Rwanda litigation. You can read Colin’s initial take on the judgment here. The Supreme Court’s decision To recap, the Supreme Court decided that there are substantial grounds for believing that the removal of any asylum seeker to Rwanda under the terms of the Migration […]]]> https://freemovement.org.uk/reflections-on-the-supreme-courts-rwanda-judgment/feed/ 3 https://freemovement.org.uk/supreme-court-finds-rwanda-is-not-a-safe-country-to-which-refugees-can-be-removed/?utm_source=rss&utm_medium=rss&utm_campaign=supreme-court-finds-rwanda-is-not-a-safe-country-to-which-refugees-can-be-removed https://freemovement.org.uk/supreme-court-finds-rwanda-is-not-a-safe-country-to-which-refugees-can-be-removed/#comments Wed, 15 Nov 2023 10:20:22 +0000 https://freemovement.org.uk/?p=197828 The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court of Appeal’s judgment has been dismissed. Lord Reed, giving the court’s judgment, emphasised the non-political nature of the court’s role, which was to decide the […]]]> https://freemovement.org.uk/supreme-court-finds-rwanda-is-not-a-safe-country-to-which-refugees-can-be-removed/feed/ 2