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Overstaying your visa in the UK: FAQ
Section 3C or Section 3D of the Immigration Act 1971 ends. What is the effect of becoming an overstayer? Overstaying should always be avoided if possible. It is a criminal offence to knowingly remain in the UK beyond the time permitted. This offence is ongoing...
The Definition of “Precarious” - Precarious No More? The Case of Rhuppiah v SSHD
As we will see, whether their status is considered precarious or not will determine the extent to which their private life in the UK is protected by Article 8 of the European Convention on Human Rights (“The Convention”). Section 117B and...
Supreme Court: The meaning of ‘unduly harsh’ and ‘reasonableness’ in child immigration cases
a person is subject to immigration controls, and is required to be removed, Section 117B lists the points for the court to take into account. The factors under the scrutiny of the Supreme Court, were centred upon Section 117B(6) and Section...
More Delay: Upper Tribunal considers delay in Home Office decision-making
involving delay. R (on the application of TM (A Minor) by his litigation friend, The Official Solicitor) v Secretary of State for the Home Department (Minor – asylum – delay) [2018] UKUT 299 was heard in August this year. The Tribunal found: “In considering...
Can you rely on the parent route of Appendix FM if you are in a genuine and subsisting relationship with your partner?
routes. The Home Office’s position on this is clear. Page 18 of the Home Office Guidance “Family Migration: Appendix FM Section 1.0b Family Life (as a Partner or Parent) and Private Life: 10-Year Routes” (Version 1.0, published on 22 February 2018)...
Some UK asylum seekers waiting over 20 years for Home Office decisions on their application for asylum
alone, 17 people were advised on the final outcome of claims submitted over 15 years back, with four of these people waiting 20 years for the final decision. One asylum seeker had waited more than 26 years for a decision on his case. The Guardian obtained the...
When Must the Seriously Ill or Dying Go Home? The Case of SL (St. Lucia)
treatment. In the recent case of SL (St. Lucia) v Secretary of State for the Home Department [2018] EWCA Civ 1894, identifying when removing or deporting these unfortunate souls constitutes inhuman or degrading treatment or a breach to their private or family life is...
Upper Tribunal Rules on Protection Claims by Ukraine Draft-Evaders
in January 2015, and now all men between the ages of 20 and 27 are required to serve in the armed forces for at least one year. This latest conflict on Europe’s doorstep has prompted the Upper Tribunal to clarify our obligations under international...
Section 3C Explained: A Flowchart for Human Rights Applications
guidance on section 3C appears to be at odds with the natural interpretation of statute, an example of which can be found here. Section 3C of the Immigration Act 1971 Explained At a time when the Home Office’s hostile environment towards those without...
BSB publishes Vulnerability Good Practice Guide (Immigration Clients) for Immigration Barristers
and manage client vulnerabilities in line with good practice. This guide was a response to the recommendations made by the BSB’s Immigration Thematic Review in 2016, which highlighted potential deficiencies in three main areas: access to justice, poorly...
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