https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Sun, 19 Jan 2025 10:11:46 +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/home-office-settles-manston-inquiry-judicial-review/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-settles-manston-inquiry-judicial-review https://freemovement.org.uk/home-office-settles-manston-inquiry-judicial-review/#respond Fri, 17 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218720 The Home Office has settled the judicial review claims that seek an independent Article 3 ECHR compliant inquiry into events at Manston in 2022. The claims were brought by individuals detained at Manston in autumn 2022 when there were widespread reports and concerns around overcrowding and very poor conditions, and detention well exceeded the 24 […]]]> https://freemovement.org.uk/home-office-settles-manston-inquiry-judicial-review/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/high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child https://freemovement.org.uk/high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child/#respond Thu, 09 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218112 A mother and her severely disabled child have been successful in obtaining a mandatory order for the Home Office to provide them with suitable accommodation as part of their asylum support. The case is R (AYW & Anor) v Secretary of State for the Home Department [2024] EWHC 3291 (Admin). Background AYW is a Mexican […]]]> https://freemovement.org.uk/high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child/feed/ 0 https://freemovement.org.uk/unrepresented-claimant-fails-in-judicial-review-of-voided-application/?utm_source=rss&utm_medium=rss&utm_campaign=unrepresented-claimant-fails-in-judicial-review-of-voided-application Fri, 13 Dec 2024 12:30:00 +0000 https://freemovement.org.uk/?p=217286 An unrepresented claimant has been unsuccessful in her challenge to the Home Secretary’s decision to void her indefinite leave to remain application because she submitted a second application to the EU Settlement Scheme. The decision was not communicated to the claimant until it was disclosed during her appeal against the refusal of her EUSS application and […]]]> https://freemovement.org.uk/afghan-family-to-have-application-decided-a-sixth-time-after-unfair-refusal/?utm_source=rss&utm_medium=rss&utm_campaign=afghan-family-to-have-application-decided-a-sixth-time-after-unfair-refusal Thu, 12 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217334 A fifth decision on the same application made under the Afghan Relocations and Assistance Policy has just been quashed on the grounds of unfairness, meaning that a sixth decision will now need to be made. The Foreign Secretary unsuccessfully tried to conceal the names of the civil servants involved. Once those names were revealed it […]]]> https://freemovement.org.uk/high-court-dismisses-challenge-to-refusal-of-indefinite-leave-under-windrush-scheme/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-dismisses-challenge-to-refusal-of-indefinite-leave-under-windrush-scheme Wed, 04 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216882 The High Court has dismissed a judicial review challenging the decision of the Home Secretary to refuse to grant indefinite leave to remain to the claimant, Jeanell Hippolyte, under the Windrush scheme. The case is Hippolyte v Secretary of State for the Home Department [2024] EWHC 2968 (Admin). Claimant’s background The claimant was born in […]]]> https://freemovement.org.uk/high-court-finds-no-adequate-system-in-place-for-expediting-change-of-conditions-applications/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-finds-no-adequate-system-in-place-for-expediting-change-of-conditions-applications Wed, 27 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216748 The High Court has found that the Home Secretary does not have an adequate system in place for processing change of conditions application to reduce, to a reasonable and proportionate minimum, the risk of inhuman and degrading treatment caused by the “no recourse to public funds” (“NRPF”) condition. The case is SAG & Ors v […]]]> https://freemovement.org.uk/unlawfully-withdrawn-asylum-claim-results-in-quashing-of-trafficking-reconsideration-refusal/?utm_source=rss&utm_medium=rss&utm_campaign=unlawfully-withdrawn-asylum-claim-results-in-quashing-of-trafficking-reconsideration-refusal Mon, 18 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216159 The High Court has held that an unlawfully withdrawn asylum claim can amount to exceptional circumstances meaning that an extension of time should be granted for a reconsideration request of a trafficking decision. The case is R (KM) v Secretary of State for the Home Department [2024] EWHC 2870 (Admin). Background The claimant is an […]]]> https://freemovement.org.uk/lack-of-appeal-against-rejection-of-late-euss-applications-does-not-breach-withdrawal-agreement/?utm_source=rss&utm_medium=rss&utm_campaign=lack-of-appeal-against-rejection-of-late-euss-applications-does-not-breach-withdrawal-agreement Fri, 08 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=215948 The High Court has dismissed a challenge to changes made to late applications to the EU Settlement Scheme which removed the right to appeal where it is not accepted that the applicant had a good reason for applying late (i.e. where the application is rejected as invalid, rather than being accepted as valid and then […]]]> https://freemovement.org.uk/administrative-court-reminds-practitioners-of-the-need-for-an-application-when-seeking-to-rely-on-expert-evidence/?utm_source=rss&utm_medium=rss&utm_campaign=administrative-court-reminds-practitioners-of-the-need-for-an-application-when-seeking-to-rely-on-expert-evidence Wed, 23 Oct 2024 11:00:00 +0000 https://freemovement.org.uk/?p=215364 In a decision on an interim relief application in an age assessment judicial review, the Administrative Court has reiterated the requirements of the Civil Procedure Rules on expert evidence and in particular the need to make an application to rely on this as soon as possible. The case is R (MS) v Kent County Council […]]]> https://freemovement.org.uk/care-home-operators-sponsor-licence-revoked-for-supplying-sponsored-workers-to-third-parties/?utm_source=rss&utm_medium=rss&utm_campaign=care-home-operators-sponsor-licence-revoked-for-supplying-sponsored-workers-to-third-parties Wed, 23 Oct 2024 07:30:00 +0000 https://freemovement.org.uk/?p=214923 As the crackdown on sponsor licence compliance continues, in R (Tendercare Management Ltd) v Secretary of State for the Home Department [2024] EWHC 2154 (Admin) the High Court has considered another case involving the revocation of a care home operator’s sponsor licence. In contrast to previous revocation cases we looked at in Prestwick Care, Supporting Care, New […]]]> https://freemovement.org.uk/high-court-grants-interim-relief-for-immigration-detainee-with-pending-proceeds-of-crime-act-proceedings/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-grants-interim-relief-for-immigration-detainee-with-pending-proceeds-of-crime-act-proceedings Tue, 01 Oct 2024 07:30:00 +0000 https://freemovement.org.uk/?p=213545 In R (Nakrasevicius) v Secretary of State for the Home Department [2024] EWHC 1856 (Admin), the High Court ordered the defendant Home Secretary to release a detainee who was being detained pending the resolution of Proceeds of Crime Act proceedings against him in the Crown Court. It addresses the relatively unusual circumstance of a detainee […]]]> https://freemovement.org.uk/significant-damages-for-victim-of-abuse-at-brook-house/?utm_source=rss&utm_medium=rss&utm_campaign=significant-damages-for-victim-of-abuse-at-brook-house Wed, 25 Sep 2024 07:30:00 +0000 https://freemovement.org.uk/?p=213525 In Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB), the High Court has awarded £203,995 to a victim of the abuse at Brook House immigration removal centre. The judgment is a vindication of the bravery of detainees who came forward to participate and give evidence in the Brook House Inquiry […]]]> https://freemovement.org.uk/unsuccessful-challenge-to-lack-of-legal-aid-for-asylum-interviews/?utm_source=rss&utm_medium=rss&utm_campaign=unsuccessful-challenge-to-lack-of-legal-aid-for-asylum-interviews Tue, 27 Aug 2024 07:30:00 +0000 https://freemovement.org.uk/?p=212297 A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend their asylum interview has been dismissed by the High Court. The case is R (Alhasan) v Director of Legal Aid Casework & Anor [2024] EWHC 2031 (Admin). Background The claimant […]]]> https://freemovement.org.uk/successful-challenge-by-masters-student-to-asylum-accommodation-move/?utm_source=rss&utm_medium=rss&utm_campaign=successful-challenge-by-masters-student-to-asylum-accommodation-move Fri, 26 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210982 A claimant has successfully challenged a move from his asylum accommodation after a failure on the part of the Home Office to engage with the evidence as to why the move was unsuitable because of his particular circumstances. In his case those circumstances were that he had won a scholarship to study a Masters in […]]]> https://freemovement.org.uk/high-court-finds-passport-office-prevented-from-refusing-passport-to-person-who-may-not-actually-be-british/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-finds-passport-office-prevented-from-refusing-passport-to-person-who-may-not-actually-be-british https://freemovement.org.uk/high-court-finds-passport-office-prevented-from-refusing-passport-to-person-who-may-not-actually-be-british/#comments Wed, 24 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210956 In a really interesting case, the High Court has held that issue estoppel prevents His Majesty’s Passport Office from refusing to issue a passport to an applicant, because of a finding made by the First-tier Tribunal that he is, in fact, British, despite the lack of evidence. That case is Islam, R (On the Application […]]]> https://freemovement.org.uk/high-court-finds-passport-office-prevented-from-refusing-passport-to-person-who-may-not-actually-be-british/feed/ 3 https://freemovement.org.uk/high-court-upholds-refusal-to-register-child-as-a-british-citizen/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-upholds-refusal-to-register-child-as-a-british-citizen Mon, 22 Jul 2024 08:04:23 +0000 https://freemovement.org.uk/?p=210717 The High Court has found that a decision to refuse to register a child as a British Citizen was lawful, despite the “barely stated” reasons given. The case is R (OBN (a minor) by his litigation friend ASM) v The Secretary of State for the Home Department [2024] EWHC 1833 (Admin). Background The claimant was […]]]> https://freemovement.org.uk/the-rwanda-policy-is-in-its-death-throes/?utm_source=rss&utm_medium=rss&utm_campaign=the-rwanda-policy-is-in-its-death-throes Tue, 09 Jul 2024 14:30:45 +0000 https://freemovement.org.uk/?p=210529 Due to the stated position of the previous Conservative government that there would be a removal flight to Rwanda on 24 July 2024, a High Court hearing was due to take place over four days starting on 9 July 2024. Due to the election of a Labour government and their explicitly and frequently stated position […]]]> https://freemovement.org.uk/high-court-confirms-that-mandatory-sponsor-licence-revocation-is-actually-mandatory-in-latest-care-home-case/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-confirms-that-mandatory-sponsor-licence-revocation-is-actually-mandatory-in-latest-care-home-case Tue, 09 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210461 The High Court has again confirmed that mandatory sponsor licence revocation is, indeed, mandatory. One Trees Estates Ltd, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1644 (Admin) brings consensus to the courts’ approach on the Home Office’s duty to undertake a wider impact assessment in mandatory revocation […]]]> https://freemovement.org.uk/failure-to-implement-windrush-recommendations-held-to-be-unlawful-by-high-court/?utm_source=rss&utm_medium=rss&utm_campaign=failure-to-implement-windrush-recommendations-held-to-be-unlawful-by-high-court Wed, 26 Jun 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210103 The High Court has held that the decision made by Suella Braverman not to implement recommendations made in Wendy Williams’ review into the Windrush scandal was unlawful. The recommendations specifically related to the creation of a Migrants’ Commissioner role and the review of the Independent Chief Inspector of Borders and Immigration’s role. The case is […]]]>