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British Citizenship for Children of EEA Nationals
By Jasmine Theilgaard - Immigration Barrister

Under the British Nationality Act 1981, those born in the UK will be a British citizen if at the time of their birth either parent is a British citizen or settled in the UK or a qualifying territory. The question...

 of whether a child of an EEA national in the UK would be automatically British therefore hinges on whether that EEA national would be considered ‘settled’ in the UK. This can be a complex question, as...

High Court Considers Cart JR Ouster Clause
By Alex Papasotiriou - Immigration Barrister

Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) (Rev1) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for...

 judicial review; essentially a ‘Cart JR’ following the partial ouster of the High Court’s ‘Cart’ jurisdiction by the coming into force of section 2 of the Judicial Review and Courts Act 2022 on 14 July...

High Court: Automatic Loss of Rights under the EUSS is Unlawful
By Richmond Chambers -

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) recently won its Judicial Review challenge against the government, in which it argued that the UK was unlawfully implementing...

 its obligations under the Withdrawal Agreement (and associated agreements for Swiss Citizens and EEA EFTA citizens).  The European Commission and the3million Ltd intervened in the proceedings.  The High Court...

High Court Considers Domestic Violence Victims Abandoned Abroad
By Thomas Hill - Pupil Immigration Barrister

In the recent case of R (AM) v SSHD [2022] EWHC 2591 (Admin), the High Court  addressed an underpublicized form of domestic abuse, known to campaigners as ‘transnational marriage abandonment’. The case involved...

 a Pakistani woman resident in the UK, who had been left stranded in Pakistan and separated from her two-year-old child after being abandoned on what was supposedly a family holiday by her abusive...

High Court blocks policy on removing immigrants without warning
By Richmond Chambers -

Dozens of people have been given a reprieve from being forced to leave the UK after the High Court ordered a suspension of the removal policy used by the Home Office following a challenge by an immigration charity. Campaign...

 group Medical Justice applied for an interim injunction to bring a halt to the “removals window”, a controversial deportation policy which enables the Home Office to refuse a migrant’s case...

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