https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Wed, 07 Feb 2024 20:27:20 +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/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/asylum-in-the-european-courts-a-case-roundup/?utm_source=rss&utm_medium=rss&utm_campaign=asylum-in-the-european-courts-a-case-roundup Mon, 23 Jan 2023 10:00:00 +0000 https://env-7121714.mightybox.site/?p=177796&preview=true&preview_id=177796 Asylum procedure in Europe has been examined in three recent decisions. In two, the European Court of Human Rights found actual or imminent violations of Article 3 of the European Convention on Human Rights. In the other, the Court of Justice of the European Union considered the proper interpretation of ‘political opinion’ as a reason […]]]> https://freemovement.org.uk/uk-wrongly-insisted-on-comprehensive-sickness-insurance-for-years-eu-court-finds/?utm_source=rss&utm_medium=rss&utm_campaign=uk-wrongly-insisted-on-comprehensive-sickness-insurance-for-years-eu-court-finds https://freemovement.org.uk/uk-wrongly-insisted-on-comprehensive-sickness-insurance-for-years-eu-court-finds/#comments Tue, 15 Mar 2022 08:15:00 +0000 https://env-7121714.mightybox.site/?p=163962 Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C‑247/20 VI v Her Majesty’s Revenue and Customs. Background: non-working EU citizens needed health insurance Some rights to reside under EU law always seemed little more than theoretical in the UK, even […]]]> https://freemovement.org.uk/uk-wrongly-insisted-on-comprehensive-sickness-insurance-for-years-eu-court-finds/feed/ 1 https://freemovement.org.uk/comprehensive-sickness-insurance-permanent-residence-advocate-general/?utm_source=rss&utm_medium=rss&utm_campaign=comprehensive-sickness-insurance-permanent-residence-advocate-general Mon, 04 Oct 2021 07:30:00 +0000 https://env-7121714.mightybox.site/?p=160475 Advocate General Hogan’s opinion in case C‑247/20 VI v Commissioners for Her Majesty’s Revenue & Customs concludes that someone no longer requires Comprehensive Sickness Insurance (CSI) once they have permanent residence under EU law. The opinion is only advisory; it is not legally binding. But the opinion of the Advocate General is taken into account, and […]]]> https://freemovement.org.uk/denying-benefits-to-eu-pre-settled-status-holders-justified-if-no-fundamental-rights-breached/?utm_source=rss&utm_medium=rss&utm_campaign=denying-benefits-to-eu-pre-settled-status-holders-justified-if-no-fundamental-rights-breached https://freemovement.org.uk/denying-benefits-to-eu-pre-settled-status-holders-justified-if-no-fundamental-rights-breached/#comments Fri, 16 Jul 2021 09:30:00 +0000 https://env-7121714.mightybox.site/?p=157374 The Court of Justice of the European Union has held that refusing Universal Credit to EU citizens with pre-settled status is justified so long as there is no risk of breaching fundamental rights under the EU Charter. The case is C-709/20 CG v Department for Communities in Northern Ireland. This is an important decision, but […]]]> https://freemovement.org.uk/denying-benefits-to-eu-pre-settled-status-holders-justified-if-no-fundamental-rights-breached/feed/ 1 https://freemovement.org.uk/non-europeans-can-be-detained-for-longer-eu-court-of-justice-decides/?utm_source=rss&utm_medium=rss&utm_campaign=non-europeans-can-be-detained-for-longer-eu-court-of-justice-decides Fri, 25 Jun 2021 11:30:00 +0000 https://env-7121714.mightybox.site/?p=156179 An eight-month detention period for EU citizens is disproportionate, the Court of Justice of the European Union has decided. The case is C-718/19 Ordre des barreaux francophones and germanophone and Others. The case originated in the Belgian courts. Legislation in Belgium designed to facilitate the removal of unauthorised non-EU nationals, as well as EU nationals […]]]> https://freemovement.org.uk/court-of-justice-decision-on-cessation-of-protection-for-somali-refugees/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-justice-decision-on-cessation-of-protection-for-somali-refugees Tue, 02 Feb 2021 08:00:48 +0000 https://env-7121714.mightybox.site/?p=146582 In the case of C-255/19 Secretary of State for the Home Department v OA, the Court of Justice of the European Union held (at paragraph 64) that: 1. Article 11(1)(e) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees […]]]> https://freemovement.org.uk/luxembourg-set-to-undermine-home-office-position-on-clan-protection-in-somalia/?utm_source=rss&utm_medium=rss&utm_campaign=luxembourg-set-to-undermine-home-office-position-on-clan-protection-in-somalia Tue, 12 May 2020 08:00:00 +0000 https://env-7121714.mightybox.site/?p=124902 A quick note on this Advocate General’s Opinion fresh from Luxembourg on the Qualification Directive. The case is C‑255/19 Secretary of State for the Home Department v OA. The Qualification Directive sets out the criteria for determining asylum claims in the European Union. The issue in this case was around the interpretation of Article 7(1): […]]]> https://freemovement.org.uk/rules-on-early-permanent-residence-rights-for-retirees-confirmed-by-court-of-justice/?utm_source=rss&utm_medium=rss&utm_campaign=rules-on-early-permanent-residence-rights-for-retirees-confirmed-by-court-of-justice Thu, 30 Jan 2020 10:01:43 +0000 https://env-7121714.mightybox.site/?p=115966 In Case C-32/19 AT v Pensionsversicherungsanstalt the Court of Justice of the European Union was asked to review Article 17(1)(a) of the Citizens’ Rights Directive. This provides an exception to the usual requirement of five years’ continuous residence before EU migrants are entitled to permanent residence in the country they have moved to.  The exception applies […]]]> https://freemovement.org.uk/court-of-justice-case-confirms-lower-legal-protections-for-brits-visiting-the-eu-after-brexit/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-justice-case-confirms-lower-legal-protections-for-brits-visiting-the-eu-after-brexit Wed, 18 Dec 2019 12:52:55 +0000 https://env-7121714.mightybox.site/?p=112930 In all likelihood, the events of last Thursday mean the UK will be exiting the EU on 31 January 2020 with a deal. This means EU law will remain in place during a transitional period at least until 31 December 2020. After this date, either the transitional period is extended (although the government appears to […]]]> https://freemovement.org.uk/complete-withdrawal-of-asylum-support-breaches-eu-law/?utm_source=rss&utm_medium=rss&utm_campaign=complete-withdrawal-of-asylum-support-breaches-eu-law Thu, 14 Nov 2019 12:30:10 +0000 https://env-7121714.mightybox.site/?p=110644 The Court of Justice of the European Union has ruled that it is unlawful to completely withdraw all housing and financial support from an asylum seeker, even if they have breached the rules of an accommodation centre. In Case C-233/18 Haqbin v Federaal Agentschap voor de opvang van asielzoekers, the court sharply rebuked Belgium for […]]]> https://freemovement.org.uk/cjeu-child-self-sufficient-if-supported-by-parent-working-without-work-permit/?utm_source=rss&utm_medium=rss&utm_campaign=cjeu-child-self-sufficient-if-supported-by-parent-working-without-work-permit Wed, 02 Oct 2019 12:09:58 +0000 https://env-7121714.mightybox.site/?p=107204 The Court of Justice of the European Union has found that a child is self-sufficient in EU law even if supported only by the earnings of a parent who is working without permission to do so. The case is C‑93/18 Bajratari. The case involved an Albanian family living in Northern Ireland where the father and […]]]> https://freemovement.org.uk/chenchooliah/?utm_source=rss&utm_medium=rss&utm_campaign=chenchooliah Thu, 19 Sep 2019 07:00:38 +0000 https://env-7121714.mightybox.site/?p=106164 In the case of C‑94/18 Chenchooliah the Court of Justice of the European Union returns to the contentious issue of the rights of family members of EU citizens. Family members like to have rights, governments like to be able to remove family members and the judges are called on time and time again to adjudicate. EU […]]]> https://freemovement.org.uk/refugees-can-lawfully-be-deprived-of-status-under-eu-law/?utm_source=rss&utm_medium=rss&utm_campaign=refugees-can-lawfully-be-deprived-of-status-under-eu-law Fri, 17 May 2019 08:48:38 +0000 https://env-7121714.mightybox.site/?p=96149 The Court of Justice of the European Union has decided in joined cases C‑391/16, C‑77/17 and C‑78/17 M, X and X that recognised refugees who commit serious crimes can be lawfully deprived of their refugee status under EU law and that there is no incompatibility on this issue between EU law and the Refugee Convention […]]]> https://freemovement.org.uk/kefalah-system-adoptions-sm-algeria-cjeu/?utm_source=rss&utm_medium=rss&utm_campaign=kefalah-system-adoptions-sm-algeria-cjeu https://freemovement.org.uk/kefalah-system-adoptions-sm-algeria-cjeu/#comments Thu, 28 Mar 2019 07:23:43 +0000 https://env-7121714.mightybox.site/?p=89750 Assiduous Free Movement readers and European law aficionados may remember the case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9, covered in this previous post. The case has now gone from the Supreme Court to the Court of Justice of the European Union, which has held that although a child who has been placed […]]]> https://freemovement.org.uk/kefalah-system-adoptions-sm-algeria-cjeu/feed/ 1 https://freemovement.org.uk/asylum-seekers-must-not-be-sent-back-to-italy-if-they-face-extreme-material-poverty/?utm_source=rss&utm_medium=rss&utm_campaign=asylum-seekers-must-not-be-sent-back-to-italy-if-they-face-extreme-material-poverty https://freemovement.org.uk/asylum-seekers-must-not-be-sent-back-to-italy-if-they-face-extreme-material-poverty/#comments Tue, 19 Mar 2019 12:25:10 +0000 https://env-7121714.mightybox.site/?p=89048 The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers cannot be sent back even to a fellow EU member state if they are at substantial risk of inhuman or degrading treatment, but set the bar high for such an […]]]> https://freemovement.org.uk/asylum-seekers-must-not-be-sent-back-to-italy-if-they-face-extreme-material-poverty/feed/ 1 https://freemovement.org.uk/losing-subsidiary-protection-because-of-serious-crime/?utm_source=rss&utm_medium=rss&utm_campaign=losing-subsidiary-protection-because-of-serious-crime Wed, 19 Sep 2018 07:53:29 +0000 https://env-7121714.mightybox.site/?p=75473 In C-369/17 Ahmed, the Court of Justice of the European Union has held that member states must take account of all the circumstances of the crime committed by an individual before deciding that it is a “serious crime” which justifies excluding that person from subsidiary protection. What is subsidiary protection anyway? The subsidiary protection regime […]]]> https://freemovement.org.uk/court-of-justice-upholds-uk-approach-to-worker-registration-scheme-for-eu-nationals/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-justice-upholds-uk-approach-to-worker-registration-scheme-for-eu-nationals https://freemovement.org.uk/court-of-justice-upholds-uk-approach-to-worker-registration-scheme-for-eu-nationals/#comments Mon, 17 Sep 2018 08:19:00 +0000 https://env-7121714.mightybox.site/?p=74717 Last week the Court of Justice of the European Union upheld the UK’s approach to the Worker Registration Scheme in force between 2004 and 2011 for citizens of new EU countries. The case is C-618/16 Prefeta v UK. The judgment in effect endorses the Home Office view that time spent working in breach of the registration scheme […]]]> https://freemovement.org.uk/court-of-justice-upholds-uk-approach-to-worker-registration-scheme-for-eu-nationals/feed/ 1 https://freemovement.org.uk/dublin-iii-extradition-take-back-request/?utm_source=rss&utm_medium=rss&utm_campaign=dublin-iii-extradition-take-back-request Mon, 16 Jul 2018 07:53:55 +0000 https://env-7121714.mightybox.site/?p=72887 The Court of Justice of the European Union has taken a strict approach to time limits on take back requests imposed by the Dublin III Regulation. In case C‑213/17 X v Staatssecretaris van Veiligheid en Justitie, the court ruled that Italy had responsibility for considering an asylum claim even though the applicant already had a […]]]> https://freemovement.org.uk/cjeu-finds-surinder-singh-applies-to-extended-family-members/?utm_source=rss&utm_medium=rss&utm_campaign=cjeu-finds-surinder-singh-applies-to-extended-family-members Thu, 12 Jul 2018 10:00:00 +0000 https://env-7121714.mightybox.site/?p=72614 The unmarried partner of a British citizen who returns to the UK having resided in another EU country does have rights under EU law, the Court of Justice of the European Union has today held in the case of C‑89/17 Banger v UK. The court also finds that if such a person is refused, he or she […]]]>