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Retained right of residence - end of marriage or start of divorce?
By Alex Papasotiriou

In Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088, the Court of Appeal, with the help of the Secretary of State, clarified the interpretation of Regulation 10(5) of the Immigration (European Economic Area) Regulations 2006 (and, by...

 extension, the 2016 Regulations) regarding retained right of residence. This was by reference to Directive 2004/38/EC and the CJEU preliminary ruling in Case C-115/15 Secretary of State v NA. Procedural History This unusual judgment was given following an...

Applying for bail at the First-tier Tribunal
By Zarina Rahman

A person may be detained under immigration powers if they are liable to removal or deportation. Home Office policy is to use detention as a last resort, yet 28,908 people were detained under immigration powers in 2016. In the same year 2,833 were released...

 on bail. This article focuses on bail applications made to the First-tier Tribunal (Immigration & Asylum Chamber). Procedure Once a bail application has been received by the Tribunal, it will schedule a hearing as soon as reasonably practicable. If an...

Home Office Failures on Family Reunion
By Richmond Chambers

Last month the Independent Chief Inspector of Borders and Immigration published a report criticising the Home Office for its handling of family reunion applications. Family reunion applications are sponsored by those granted asylum or humanitarian protection in...

 the UK and eligible family members are their spouses, unmarried partners and minor children, provided that this family unit existed before the sponsor left. These applications have increased from 4,917 in 2012 to 8,403 in 2015, an increase of around 70%....

Judicial review for EEA extended family members
By Dr. Catherine Taroni

The headnote in the Upper Tribunal decision in Sala (EFMs: Right of Appeal: Albania) [2016] UKUT 411 (IAC) states simply: “There is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming...

 to be an Extended Family Member.”  Sala concerned an application for a Residence card as a durable partner. This was refused, appealed and ultimately the Upper Tribunal raised the questions whether the appellant had a right of appeal under the...

Child witnesses in the Immigration Tribunal: How can a child's wishes and feelings be expressed?
By Richmond Chambers

It is well established that the best interests of a child are a primary consideration for both the Secretary of State when deciding an application and a Judge of the First Tier Tribunal when deciding an appeal. However, it is...

 often difficult to show what is in a child’s best interests and, more difficult still to allow a child an opportunity to express their own opinion as to what is in their best interests.Contact Our Immigration Barristers

House of Lords Debates Position Of EU Citizens Post Brexit
By Richmond Chambers

The House of Lords Debate of 24 October 2016 can be found here, and outlines some of the very legitimate concerns of the Lords as to what will happen to EU nationals in the UK, and UK nationals...

 elsewhere in the EU. The following questions were posed to the Minister of State for the Home Office, and received little by way of response:Contact Our EEA Immigration Barristers

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