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Upper Tribunal Rules on Protection Claims by Ukraine Draft-Evaders
By Andre Armenian

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...

 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
By Lawrence Youssefian

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...

 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...

New test for victims of trafficking
By Jantien Vanrenterghem

Legal background Article 4 of the European Convention on Human Rights (“the ECHR”) provides that no one shall be held in slavery or servitude, and no one shall be required to perform forced or compulsory labour. The Council of Europe Convention on Action...

 against Trafficking in Human Beings 2005 (CETS No 197) focuses not only on the prevention of trafficking and the prosecution of traffickers, but also on the protection of victims of trafficking. Article 10(1) requires each party to provide its...

BSB publishes Vulnerability Good Practice Guide (Immigration Clients) for Immigration Barristers
By Richmond Chambers

Richmond Chambers has been working with the Bar Standards Board to help produce a user guide for barristers working with vulnerable adult immigration clients, released this week. The Vulnerability Good Practice Guide aims to help barristers to identify, assess...

 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...

A Harsher Approach? Four changes in the revised Guidance on Family and Private Life applications
By Richmond Chambers

The Home Office issued new Family and Private Life Guidance on 23 February 2018 for applications for leave to remain on the basis of family life as a partner or parent, or on the basis of private life, on a 10 year route to settlement. Although the corresponding...

 Rules have not changed, the guidance has nonetheless raised some concerns that harsher decisions could now be made, especially given the case law in recent years stressing the importance of the Home Office to serve to relevant policy guidance before...

Human rights claim certified as ‘clearly unfounded’? Some points to consider
By Lawrence Youssefian

Recently, we have seen a number of refusal decisions certifying a human rights claim as clearly unfounded under s.94 of the Nationality, Immigration and Asylum Act 2002. The effect of this is that an appeal against the refusal decision can only be brought once...

 the applicant left the UK. Consequences of appealing from outside the UK One disadvantage of having to appeal from abroad, aside from the obvious cost implications and inconvenience, is that an applicant will not be able to remain in the UK during the...

Human rights claims, the Same-Day Premium Service and the Section 3C trap
By Lawrence Youssefian

This is a word of caution for those who are considering the use of the Home Office’s Same-Day Premium Service when making an extension or settlement application. When making a human rights claim to either extend leave to remain or to settle in the UK, there...

 is an option to use the Home Office’s Same-Day Premium Service for an additional fee. Many applicants prefer to use this service as applications are often decided on the same day – avoiding any prolonged separation with valuable documents such as...

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

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...

 have suspensive effect. On the contrary, by virtue of Regulation 40(3) of the EEA Regulations 2016, whilst an appeal against an EEA decision to remove a person from the United Kingdom (other than on grounds of public policy, public security or public...

Home Office sets out Grenfell Tower Policy for survivors and directly affected individuals
By Alexandra Pease

In the early hours of 14 June 2017 fire struck Grenfell Tower in West London. The Grenfell Tower immigration cases (guidance on handling cases involving survivors and other individuals directly affected by the fire) guidance was published on 5 July 2017. This...

 is a short term policy implemented to deal with the “national tragedy”. The guidance gives directions to caseworkers on how they should “consider the immigration status of those directly affected by the Grenfell Tower fire who need to regularise...

Home Office has ‘the clearest obligation’ to serve relevant policy guidance
By Richmond Chambers

In the recent case of UB (Sri Lanka) v Secretary of State for the Home Department [2017] EWCA Civ 85, the Court of Appeal has found that the Secretary of State has...

 ‘the clearest obligation’ to serve relevant past policy documents and ensure that they are before the Tribunal.BackgroundContact Our Immigration Barristers

Out of Country Human Rights Appeals
By Alexandra Pease

Section 63 of the Immigration Act 2016 came into force on 1st December 2016 (see Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/1037SI2016/1037) which allows the Secretary of State for the Home Department to...

 certify human rights appeals. the claimant did not have existing leave at the point that they made their human rights claim (for example, overstayers or illegal entrants) the claimant does not rely on their relationship with a British national family...

Home Office issues guidance on ‘remove first, appeal later’ in human rights appeals
By Richmond Chambers

The Home Office has published guidance on how the new certification process will operate under the Immigration Act 2016.Legislation In all deport cases; In non deport cases on or after 1 December 2016 where the claimant did not have leave when they made their human...

 rights claim and when the claimant does not rely on their relationship with a British national family member (note that both criteria must be met). Appeals where a temporary removal from the country would create a situation which is unlawful under s.6...
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