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/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/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/two-recent-strasbourg-cases-on-family-life-between-adults/?utm_source=rss&utm_medium=rss&utm_campaign=two-recent-strasbourg-cases-on-family-life-between-adults https://freemovement.org.uk/two-recent-strasbourg-cases-on-family-life-between-adults/#respond Tue, 07 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218111 The European Court of Human Rights in Strasbourg handed down judgment in two separate cases in December addressing the subject of family life between adult family members outside the “core” nuclear family of spouses, partners, parents and minor children. The court confirms that “additional elements of dependence, involving more than normal emotional ties” are necessary […]]]> https://freemovement.org.uk/two-recent-strasbourg-cases-on-family-life-between-adults/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/court-of-appeal-says-that-application-made-to-eu-settlement-scheme-was-correctly-rejected/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-says-that-application-made-to-eu-settlement-scheme-was-correctly-rejected Fri, 20 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217607 The Court of Appeal has upheld the Home Secretary’s decision to refuse an application made under Appendix EU by an extended family member who had not first obtained a residence document under the Immigration (EEA) Regulations 2016. The case is Emambux v Secretary of State for the Home Department [2024] EWCA Civ 1459. Background The […]]]> https://freemovement.org.uk/leave-obtained-by-deception-does-not-count-as-continuous-lawful-residence/?utm_source=rss&utm_medium=rss&utm_campaign=leave-obtained-by-deception-does-not-count-as-continuous-lawful-residence Wed, 18 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217612 In a fairly unsurprising decision, the Upper Tribunal has said that indefinite leave to remain obtained by deception and subsequently revoked cannot be counted as “continuous lawful residence” for the purposes of an application for indefinite leave to remain based on ten years’ residence. The case is R (on the application of He) v Secretary […]]]> https://freemovement.org.uk/court-of-appeal-allows-appeal-on-eu-settlement-scheme-dependency-rules/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-allows-appeal-on-eu-settlement-scheme-dependency-rules Mon, 16 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217490 The Court of Appeal has said that a child, who is over 21 and has rights of residence based on dependency on their EU citizen parent, does not lose those rights if they start working and are no longer financially dependent on the parent. Essentially, dependency is determined at the date of application and once […]]]> 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/court-of-appeal-dismisses-iranian-asylum-appeal/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-dismisses-iranian-asylum-appeal Fri, 13 Dec 2024 08:31:31 +0000 https://freemovement.org.uk/?p=217465 An appeal against the refusal of an asylum claim made by an Iranian man who sought to rely on his attendance at protests in the UK and social media posts has been dismissed by the Court of Appeal. The case is S v Secretary of State for the Home Department [2024] EWCA Civ 1482. Background […]]]> 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/court-of-appeal-finds-home-office-cannot-use-the-same-certification-decision-in-successive-removals/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-finds-home-office-cannot-use-the-same-certification-decision-in-successive-removals Tue, 03 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216886 In Branco-Bonfim v Secretary of State for the Home Department [2024] EWCA Civ 1421, the Home Office sought to remove a Portuguese man without giving him an in-country right of appeal, by relying on a certification decision relating to his deportation in 2019 rather than issuing a new certification decision. This led to the decision […]]]> https://freemovement.org.uk/states-cannot-refuse-asylum-claims-by-lgbtqi-people-based-on-the-discretion-test-alone/?utm_source=rss&utm_medium=rss&utm_campaign=states-cannot-refuse-asylum-claims-by-lgbtqi-people-based-on-the-discretion-test-alone Thu, 28 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216749 In M.I. v. Switzerland – 56390/21 (Article 3 – Prohibition of torture : Third Section) [2024] ECHR 862 the European Court of Human Rights has said that failure to properly assess the risk of ill treatment of an LGBTQI+ person in their country of origin and whether state protection was available will breach article 3 […]]]> 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/eea-national-appellant-in-prison-on-31-december-2020-deemed-not-to-be-exercising-treaty-rights/?utm_source=rss&utm_medium=rss&utm_campaign=eea-national-appellant-in-prison-on-31-december-2020-deemed-not-to-be-exercising-treaty-rights Mon, 25 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216580 The Upper Tribunal has dismissed the appeal of an EEA national who was in prison over the Brexit deadline of 31 December 2020 on the basis that he was not exercising treaty rights immediately prior to the end of the transition period. The case is Manyo (EEA deportation, Imprisonment at 31/12/2020) [2024] UKUT 00362. Background […]]]> https://freemovement.org.uk/upper-tribunal-revisits-obscure-legal-discussion-on-appeals-for-removable-refugees/?utm_source=rss&utm_medium=rss&utm_campaign=upper-tribunal-revisits-obscure-legal-discussion-on-appeals-for-removable-refugees Fri, 22 Nov 2024 12:30:00 +0000 https://freemovement.org.uk/?p=214894 Don’t say I didn’t warn you with that headline. The Upper Tribunal has found that the First-tier Tribunal erred in failing make a finding on whether revocation of leave for a refugee on the grounds that he was deemed a danger to the UK amounted to a breach of the Refugee Convention. The tribunal also […]]]> https://freemovement.org.uk/court-of-appeal-gives-further-guidance-on-assessing-seriousness-of-an-offence-in-deportation-cases/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-gives-further-guidance-on-assessing-seriousness-of-an-offence-in-deportation-cases Fri, 22 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216531 In Gadinala v Secretary of State for the Home Department [2024] EWCA Civ 1410 the Court of Appeal has given further guidance on how decision-makers should assess the seriousness of a crime in the context of deportation proceedings. This assessment is important because the more serious the crime, the greater the public interest in deportation […]]]>