KNOWLEDGE

CENTRE

What Is a ‘Fresh Claim’ Under the Immigration Rules?

Take the following scenario. A person makes an application for refugee status or humanitarian protection (a ‘protection claim’), or an immigration application based on their human rights (a ‘human rights claim’)....

Article 3 in Health-Based Immigration Applications

The Home Office and Immigration Tribunals are public bodies. They therefore have a duty under s6(1) of the Human Rights Act 1998 not to act incompatibly with the European Convention on Human Rights. Article 3 of...

What Is Leave Outside the Immigration Rules?

In this post we examine the possibility of being granted Leave to Remain Outside the Immigration Rules and the possibility of being granted Indefinite Leave to Remain based on the most exceptional compelling...

Student loans, ILR, domestic violence and human rights

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...

Judgment in Virabyan v. Armenia handed down by European Court of Human Rights

In its recent judgment in the case of Virabyan v. Armenia (Application no. 40094/05), the European Court of Human Rights (ECtHR) found Armenia to have breached articles 3, 6 and 14 of the European Convention on...

Miah and others v Secretary of State for the Home Department [2012] EWCA Civ 261

In this case, the Court of Appeal discussed whether or not there is a 'near miss principle' in Article 8 cases.

Abu Qatada cannot be deported to Jordan

The European Court of Human Rights has ruled that Omar Othman (Abu Qatada) cannot be deported to Jordan while there remains a real risk that evidence obtained by torture will be used against him.

Major study into human trafficking

A lecturer at Glasgow Caledonian University is to undertake a study into the public’s attitude towards the problem of human trafficking – and how consumers’ spending habits contribute towards it.

International Migrants Day

UN Secretary-General, Ban Ki-moon, has published a message for International Migrants Day, which was observed on 18th December.

Proposals to enhance the rights of refugees

The European Parliament has approved the Commission's proposal to amend the Qualification Directive which will enhance the rights granted to refugees and...

Law Society criticises family immigration proposals

Responding to the UK Border Agency consultation on family migration, the Law Society has raised concerns about government proposals aimed at preventing ‘sham’ or forced marriages and abuse of the family immigration route.

Court rules on immigrant social housing request

The European Court of Human Rights has recently ruled that a local authority was justified in not treating with priority a social housing request by an immigrant, whose son was conditionally allowed to stay in the UK.