New test for victims of trafficking

Article 4 of the European Convention on Human Rights (“the ECHR”) provides that no one shall...

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

The Home Office issued new Family and Private Life Guidance on 23 February 2018 for applications for leave to remain on...

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

Recently, we have seen a number of refusal decisions certifying a human rights claim as clearly unfounded under s.94 of the Nationality,...

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

This is a word of caution for those who are considering the use of the Home Office’s...

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...

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

In the early hours of 14 June 2017 fire struck Grenfell Tower in West London. The Grenfell Tower immigration cases (guidance on handling...

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

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...

Out of Country Human Rights Appeals

Section 63 of the Immigration Act 2016 came into force on 1st December 2016 (see Immigration Act 2016 (Commencement No. 2 and Transitional...

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

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...

Asylum applicants can be returned to Italy under Dublin regime, says Court of Appeal

In NA (Sudan) v The Secretary of State for the Home Department [2016] EWCA Civ 1060 (01 November 2016), the Court of Appeal had two...

28-day grace period for overstayers abolished

Changes to the Immigration Rules introduced today abolish the 28-day grace period for the consideration of applications for further leave to remain where an applicant has overstayed and replace it with more restrictive provisions. The changes, introduced by...