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