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Impact of COVID-19 on the Immigration System
By Zarina Rahman - Immigration Barrister

As the COVID-19 pandemic develops it is having a wide impact on all aspects of our society, economy and how we live our lives. It has significant knock-on effects for the immigration system and policy makers will...

 need to show humanity when deciding what immigration control measures should be put in place, in the midst of a public health emergency.  There is not yet any overarching Home Office guidance or policy in...

Family life depends on the substance of the relationship, not the form
By Zarina Rahman - Immigration Barrister

The Court of Appeal has helpfully confirmed in the case of Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 that the existence of family life depends on the substance of the relationship,...

 not the form [§ 23].   Background The case involved a Bangladeshi national born in Bangladesh on 8 December 1999. He claimed that he had left home at the age of six after being mistreated and that he...

Student loans, ILR, domestic violence and human rights
By Marianne Schonle - Legal Associate

In a recent application for judicial review, OA v Secretary of State for Education [2020] EWHC 276 (Admin), the High Court considered whether the decision to refuse the Claimant a student loan breached her human...

 rights. Mr Justice Nicol delivered the judgment on 13 February 2020. Facts The Claimant was a Nigerian national who had lived in the UK since 2011. She had entered as a Tier 4 student to study for a B.Sc....

The impact of family separation on child refugees in the UK
By Alexandra Pease - Immigration Barrister

The report WITHOUT MY FAMILY: The impact of family separation on child refugees in the UK was published on Monday 13  January 2020. A full copy of the report can be read: here. The report is published by...

 three organisations: Amnesty International UK, the Refugee Council and Save the Children. The research behind the report was commissioned in 2017-2018 and is based on a literature and legal review, interviews with...

Overstaying and applying for further leave to remain
By Olivia Waddell - Legal Associate

When it comes to overstaying, prevention is better than cure. Overstaying in the UK is a criminal offence, and without leave in the UK, you do not have the right to study or work and you are at risk of...

 removal. You are also exposed to the UK’s ‘hostile environment’ for overstayers, which means restrictions on the ability to rent accommodation, open a bank account, drive and access medical treatment.   It is...

What is “persecution” under the Refugee Convention?
By Caspar Latham - Legal Associate

In a previous post, we have looked at how the credibility of an asylum claim is assessed here. This post will look at what constitutes persecution for the purposes of the UN Refugee Convention 1951. In order...

 to fall within the definition of a refugee for the purposes of the Convention, a person must show a well founded fear of ‘persecution’ for reasons of race, religion, nationality, political opinion or...

What are ‘insurmountable obstacles’ to family life?
By Caspar Latham - Legal Associate

What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to...

 acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights.  This will be possible if they are able to show that they would face...

Grounds of appeal after the Immigration Act 2014
By Robin Pickard - Legal Associate

The Immigration Act 2014 (“the 2014 Act”) made major changes to the immigration appeals landscape. The 2014 Act reduced the grounds of appeal by 13 (17 to four). This is important because it means that there...

 are now fewer circumstances in which the refusal of an immigration application can be challenged. The provisions in the 2014 Act were phased and came fully into force on 06 April 2015.  What is an...

Rights of appeal after the Immigration Act 2014
By Robin Pickard - Legal Associate

The Immigration Act 2014 (“the 2014 Act”) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal. The explanatory notes to the 2014 Act state that the...

 Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed...

Family reunion for children under threat in case of no deal brexit
By Richmond Chambers -

A no-deal Brexit could mean that the current system of family reunification could cease to exist. It seems that the Government has briefed the UN refugee agency, the UNHCR and advised them that in the event of...

 us crashing out of the EU without a deal, we will no longer seek to help when it comes to reuniting family members amongst asylum seekers. What is the family reunification system? The family reunification...

Credibility in asylum claims
By Caspar Latham - Legal Associate

Lack of credibility is the most common reason for the refusal of an asylum claim in the UK.  In order to establish the validity of an asylum claim, the UN Refugee Convention of 1951 requires a ‘well-founded fear...

 of persecution’ on the basis of one of five convention reasons (race, religion, nationality, political opinion or membership of a particular social group).  There are two aspects to the possession of a...

Curtailment of leave to remain
By Zarina Rahman - Immigration Barrister

The Home Office has wide ranging statutory powers that allow caseworkers to curtail a migrant’s limited leave to remain in the UK.  These statutory powers are supplemented by guidance on curtailment of...

 leave which tells caseworkers whether to curtail leave and when to consider using discretion. What does curtailment of leave mean?  The Home Office has power to curtail i.e. reduce or cancel, your existing leave...
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