Time Spent As Extended Family Member Without Recognition Does Not Count

In Selim Macastena v SSHD [2018] EWCA Civ 1558 the Court of Appeal considered whether the time spent in a  durable relationship with a woman, who is an EEA national with permanent residence, can be added to the 5 year requirement of continuous residence in order...

Upper Tribunal Rules on Protection Claims by Ukraine Draft-Evaders

As the war in Eastern Ukraine rages on, there has been a marked increase in the number of Ukrainians migrating to the UK. Many of them are young men seeking asylum, evading the military draft re-introduced in Ukraine on 1 May 2014. The scope of the draft was expanded...

Section 3C Explained: A Flowchart for Human Rights Applications

As direct access barristers working at Richmond Chambers, we have had countless lay clients approach us with one question: am I protected by section 3C of the Immigration Act 1971?  This can at times be a complicated question, particularly when the Home Office...

Delay in Immigration Tribunal Decision-Making

Delay is a common concept in the context of decision making by UK Visas & Immigration.  In SS (Sri Lanka) [2018] EWCA Civ 139, the Court of Appeal recently considered delay in the promulgation of judgments/determinations in the Immigration Tribunal. Lord...

Immigration Appeal Adjournments in the First-tier Immigration Tribunal

Although waiting times for an immigration appeal in the UK are currently very long, with an average of 12 months, there may be circumstances where an adjournment is necessary to allow further time to properly prepare an appeal. This is explored further in this...

High Court and Court of Appeal criticise conduct of legal representatives

The High Court and Court of Appeal have been very vocal over the past week in their criticism of legal representatives’ preparation of immigration cases. As I set out in detail in an earlier post, in Parveen v SSHD [2018] EWCA Civ 932, promulgated on...

Immigration Lawyers Must Focus On Facts Not Law, Says Court Of Appeal

Yesterday the Court of Appeal considered the case of Parveen v The Secretary State for the Home Department [2018] EWCA Civ 932, on appeal from an oral permission hearing in the Upper Tribunal to judicially review the decision. Underhill LJ’s final paragraph...

Does the protection of section 3C extend to out of time appeals?

Whether a migrant is protected under section 3C of the Immigration Act 1971 (“s.3C”) is often not too complicated to figure out. If they have made an in-time application and a decision is received after the expiry of their leave, then their leave is automatically...

Sham marriages, marriages of convenience and the burden of proof

The effectiveness of freedom of movement for EEA nationals depends on the right of their partners to reside with them. However, their ability to exercise this right may be obstructed by the increasingly enthusiastic efforts of the Home Office to prevent abuse by...

Extended Family Members of EU Nationals have Right of Appeal - Muhammad Yasir Khan [2017] EWCA Civ 1755

In an important case to protect the rights of EU nationals and their family members in the UK, the Court of Appeal has overturned the Sala (EFMs: Right of Appeal) [2016] UKUT 411 decision in relation to the Immigration (EEA) Regulations 2006. The...

Virtually Judging Immigration Hearings

Imagine your case management hearing in the Immigration and Asylum Chamber taking place in a fully virtual courtroom, a Microsoft built prototype. Well, it is a possibility come this October. Home Office Presenting Officers or opposing counsel, Judges, HMCTS...

Family members of EEA nationals: When can an appeal stop removal?

In Bilal Ahmed, the Court of Appeal concluded that an appeal under the EEA Regulations against a decision to refuse to issue an EEA document does not prevent the removal of the appellant where there is no other basis of stay. In other words, the appeal does not...