KNOWLEDGE

CENTRE

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...

Upper Tribunal Provides Guidance On Country Guidance

In what circumstances is it appropriate to depart from existing Country Guidance? And when is a failure to do so an error of law? These are the questions that the Upper Tribunal considered in the case of...

Upper Tribunal Issues New Country Guidance on Eritrea

In MST and Others (national service - risk categories) Eritrea (CG) [2016] UKUT 443 (IAC) (7 October 2016), the Upper Tribunal has issued updated country guidance on the situation in Eritrea. Whilst...

The Precarious Definition of Precarious - Rhuppiah v. SSHD

On 28 July 2014, section 19 of the Immigration Act 2014 inserted section 117B into the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”), the aim of which was to expressly indicate to the Tribunals...

Relevance of ‘little weight’ provisions in section 117B to precarious family life cases

In the judgment of Rajendran (s117B – family life) [2016] UKUT 00138 (IAC) the Upper Tribunal (comprising Upper Tribunal Judges Storey and Perkins) reviewed the provisions of section 117B of the...

Certification of a human rights claim as ‘clearly unfounded’ and how to avoid it

Prior to the relevant provisions of the Immigration Act 2014 coming into force in April 2015, individuals who had an immigration application refused which did not bring their leave to an end did not benefit from...

The Calais Case

The landmark and ground breaking case of R (on the application of ZAT and others v Secretary of State for the Home Department (Article 8 ECHR – Dublin Regulations – interface – proportionality) IJR...

Remedy for removal following certification is to be returned

In XB v The Secretary of State for the Home Department [2015] EWHC 2557 (Admin) the claimant successfully challenged the Secretary of State’s certification of her fresh claim for asylum as being clearly unfounded....

Landlords to Carry Out Right to Rent Checks

With effect from 1st February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property. The new law will mean that private landlords,...

CJEU Gives Further Clarification on Benefit Entitlement

The Court of Justice of the European Union (CJEU) has recently given further clarification on the right of immigrants to certain non-contributory social security benefits. The question was referred to the CJEU...

Net Migration Figures Reach New High

The latest figures from the Office for National Statistics (ONS) have revealed that net migration to the UK has reached the highest level on record. According to the figures, net long-term international migration...

Unaccompanied Minors’ Asylum Applications

Members of the European Parliament’s Civil Liberties Committee have said that EU asylum applications for unaccompanied minors should be processed in the EU country where the child is present, even if this...