https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Thu, 16 Jan 2025 14:37:44 +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/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/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/new-presidential-guidance-on-litigation-friends-in-the-tribunals/?utm_source=rss&utm_medium=rss&utm_campaign=new-presidential-guidance-on-litigation-friends-in-the-tribunals Tue, 17 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217565 The presidents of the Upper Tribunal (Immigration and Asylum Chamber) and First-tier Tribunal (Immigration and Asylum Chamber) have published the Joint Presidential Guidance No. 1 of 2024: Appointment of litigation friends, to help those who lack capacity to conduct their own tribunal proceedings. In the immigration tribunals context, the power to appoint a litigation friend […]]]> 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/fee-waiver-policy-who-qualifies-and-what-does-the-home-office-policy-say/?utm_source=rss&utm_medium=rss&utm_campaign=fee-waiver-policy-who-qualifies-and-what-does-the-home-office-policy-say Tue, 10 Dec 2024 08:30:12 +0000 https://env-7121714.mightybox.site/?p=55738 Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the points based immigration system) now cost £1,258. In addition, applicants may need to pay an immigration health surcharge (£1,035 a year for adults and £776 for children). On average, therefore, migrants will need to spend almost £3,850 […]]]> 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/evisas-and-the-hostile-environment-a-disaster-waiting-to-happen/?utm_source=rss&utm_medium=rss&utm_campaign=evisas-and-the-hostile-environment-a-disaster-waiting-to-happen Mon, 02 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216800 There is now only a month left before all biometric residence permits and biometric residence cards will expire on 31 December 2024 and understanding of the changes among those responsible for enforcing the hostile environment remains dangerously low. From 1 January 2025 onwards, individuals will be expected to show their immigration status and entitlements through […]]]> https://freemovement.org.uk/new-practice-direction-of-the-immigration-and-asylum-chamber-of-the-first-tier-tribunal-issued/?utm_source=rss&utm_medium=rss&utm_campaign=new-practice-direction-of-the-immigration-and-asylum-chamber-of-the-first-tier-tribunal-issued Thu, 31 Oct 2024 16:15:49 +0000 https://freemovement.org.uk/?p=215697 The Senior President of Tribunals has issued a new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal taking effect from 1 November 2024. This replaces the previous version dated May 2022. The new version is considerably longer, up from 12 pages in the previous version to 19 pages, you can see […]]]> https://freemovement.org.uk/court-of-appeal-apologises-and-grants-four-year-extension-of-time-after-administrative-failings/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-apologises-and-grants-four-year-extension-of-time-after-administrative-failings Fri, 25 Oct 2024 07:30:00 +0000 https://freemovement.org.uk/?p=215314 The Court of Appeal failed to seal the applicant’s notice in a case, resulting in an almost two year delay. The applicant was asked to make the application again and request an extension of time. When he did so there was then incredibly another two year delay in the Court of Appeal office sealing the […]]]> 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/when-can-someone-be-refused-a-passport-because-of-their-name/?utm_source=rss&utm_medium=rss&utm_campaign=when-can-someone-be-refused-a-passport-because-of-their-name https://freemovement.org.uk/when-can-someone-be-refused-a-passport-because-of-their-name/#comments Fri, 11 Oct 2024 07:30:00 +0000 https://freemovement.org.uk/?p=214228 It was recently reported that the passport application for a British child was refused over “copyright infringement”. The child in question’s name was Loki Skywalker Mowbray and he was born on 4 May (also known as Star Wars Day for the uninitiated among you). You will be unsurprised to hear that once the media got […]]]> https://freemovement.org.uk/when-can-someone-be-refused-a-passport-because-of-their-name/feed/ 2 https://freemovement.org.uk/the-risks-of-making-a-fee-waiver-application-for-the-purpose-of-buying-time-to-make-a-different-application/?utm_source=rss&utm_medium=rss&utm_campaign=the-risks-of-making-a-fee-waiver-application-for-the-purpose-of-buying-time-to-make-a-different-application https://freemovement.org.uk/the-risks-of-making-a-fee-waiver-application-for-the-purpose-of-buying-time-to-make-a-different-application/#comments Tue, 17 Sep 2024 07:30:00 +0000 https://freemovement.org.uk/?p=213267 In this post I explain the variety of reasons that it is a very bad idea to submit a fee waiver application purely for the purpose of getting section 3C leave, with no eligibility for or intention of making the subsequent immigration application mentioned in the fee waiver application. The consequences of doing this are […]]]> https://freemovement.org.uk/the-risks-of-making-a-fee-waiver-application-for-the-purpose-of-buying-time-to-make-a-different-application/feed/ 7 https://freemovement.org.uk/what-is-section-3c-leave-uk-immigration/?utm_source=rss&utm_medium=rss&utm_campaign=what-is-section-3c-leave-uk-immigration https://freemovement.org.uk/what-is-section-3c-leave-uk-immigration/#comments Wed, 11 Sep 2024 07:30:06 +0000 https://env-7121714.mightybox.site/?p=160972 If a migrant makes a valid application to extend their leave (permission) to be in the UK before it expires, their existing leave will be rolled over until a decision has been made on the application, even if this is after the original expiry date. This is commonly known as “section 3C leave”, because it […]]]> https://freemovement.org.uk/what-is-section-3c-leave-uk-immigration/feed/ 1 https://freemovement.org.uk/how-to-make-a-no-time-limit-application/?utm_source=rss&utm_medium=rss&utm_campaign=how-to-make-a-no-time-limit-application https://freemovement.org.uk/how-to-make-a-no-time-limit-application/#comments Thu, 05 Sep 2024 07:30:00 +0000 https://freemovement.org.uk/?p=212862 The roll out of eVisas is likely to have the biggest adverse impact on those people who hold a “legacy” document, i.e. evidence of their immigration status that was issued before the introduction of biometric residence permits. One of the reasons for this is that there is an additional step that they need to complete […]]]> https://freemovement.org.uk/how-to-make-a-no-time-limit-application/feed/ 1 https://freemovement.org.uk/application-date-leave-to-remain-in-the-uk/?utm_source=rss&utm_medium=rss&utm_campaign=application-date-leave-to-remain-in-the-uk https://freemovement.org.uk/application-date-leave-to-remain-in-the-uk/#comments Fri, 16 Aug 2024 07:13:29 +0000 https://env-7121714.mightybox.site/?p=70111 You’ve left extending your visa until the last minute and are now in danger of missing the deadline. Does this matter and is there anything you can do about it? The answer to the first question is a resounding yes. Fortunately, in most cases, the answer to the second question can also be yes. For […]]]> https://freemovement.org.uk/application-date-leave-to-remain-in-the-uk/feed/ 2 https://freemovement.org.uk/evisas-who-is-affected-and-what-steps-to-take-now/?utm_source=rss&utm_medium=rss&utm_campaign=evisas-who-is-affected-and-what-steps-to-take-now https://freemovement.org.uk/evisas-who-is-affected-and-what-steps-to-take-now/#comments Mon, 15 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210473 There is a lot that remains unclear about the Home Office’s introduction of eVisas, below we shed light on what we know so far about the roll out and use of eVisas. We also have a separate step by step guide on applying for an eVisa. In line with its ‘digital by design’ strategy, the Home […]]]> https://freemovement.org.uk/evisas-who-is-affected-and-what-steps-to-take-now/feed/ 1 https://freemovement.org.uk/first-tier-tribunal-judge-carried-out-wholly-inappropriate-cross-examination-of-appellant/?utm_source=rss&utm_medium=rss&utm_campaign=first-tier-tribunal-judge-carried-out-wholly-inappropriate-cross-examination-of-appellant https://freemovement.org.uk/first-tier-tribunal-judge-carried-out-wholly-inappropriate-cross-examination-of-appellant/#comments Mon, 01 Jul 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210142 The Court of Appeal has, for the third time this year, had to intervene where the Upper Tribunal has failed to do so, in a case involving poor conduct on the part of the First-tier Tribunal. This case is Hima v The Secretary of State for the Home Department [2024] EWCA Civ 680. We have […]]]> https://freemovement.org.uk/first-tier-tribunal-judge-carried-out-wholly-inappropriate-cross-examination-of-appellant/feed/ 2 https://freemovement.org.uk/court-of-session-gives-guidance-on-transferring-judicial-reviews-to-the-upper-tribunal/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-session-gives-guidance-on-transferring-judicial-reviews-to-the-upper-tribunal Thu, 27 Jun 2024 07:30:00 +0000 https://freemovement.org.uk/?p=210122 In JR v Advocate General for Scotland [2024] CSOH 64, the Court of Session has encouraged greater use of the powers to transfer a judicial review to the Upper Tribunal and laid out what factors might be relevant in making that decision. In Scotland, all applications for judicial review are commenced in the Court of […]]]> 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 […]]]> https://freemovement.org.uk/high-court-decides-there-is-no-oral-permission-hearing-in-cart-judicial-reviews/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-decides-there-is-no-oral-permission-hearing-in-cart-judicial-reviews Wed, 12 Jun 2024 07:30:00 +0000 https://freemovement.org.uk/?p=209612 The High Court has held that, when judicially reviewing a decision of the Upper Tribunal refusing permission to appeal (known as a Cart judicial review), there is no oral permission hearing. This was the conclusion reached in Karim v Upper Tribunal (Immigration and Asylum Chamber) [2024] EWHC 1368 (Admin). The Civil Procedural Rules appear to […]]]>