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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...
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...
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...
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...
In Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661, the Court of Appeal further considered the interpretation of section 117B(6) of the Nationality, Immigration and Asylum...
What happens when you complete 10 years’ long residence whilst a human rights appeal is pending? This is essentially what the Upper Tribunal considered in OA and Others (human rights; ‘new matter’; s.120)...
July 2012 saw the introduction of the private life requirements into the Immigration Rules. The view of the government was that the previous rules did not provide a “clear and comprehensive framework...
When does someone become an overstayer? An overstayer is a person who has remained in the UK beyond the period they are permitted. This will either be the expiry date on their most recently issued visa, or...
On 14 November 2018, the Supreme Court delivered their judgment in Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. In making this judgment, the Justices have clarified when an individual’s...
On Wednesday 24th October 2018, the UK Supreme Court tackled the application of the terms, ‘unduly harsh’ and ‘reasonableness’ in child immigration cases in the case of KO (Nigeria) & Others (Appellant)...
In this post, I will unpack the recently promulgated case of SR (subsisting parental relationship – s117B(6)) Pakistan [2018] UKUT 00334 (IAC) (5 September 2018), which distills two important...
In two earlier blog posts we examined how quickly an individual can expect an application to be decided, current visa processing times and the approach to delay. Further Legal Developments The Upper Tribunal...
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