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Sham marriages, marriages of convenience and the burden of proof
By Richmond Chambers -

The effectiveness of freedom of movement for EEA nationals depends on the right of their partners to reside with them. However, their ability to exercise this right may be obstructed by the increasingly enthusiastic...

 efforts of the Home Office to prevent abuse by non-genuine couples entering into ‘sham marriages’. Two recent cases provide guidance on the meaning of sham marriages, marriages of convenience and who...

Immigration Appeals - Updated Procedure
By Alexandra Pease - Barrister Partner

In our earlier post in our Knowledge Centre, we examined Immigration Appeals and the Covid-19 Pandemic. The article can be accessed here. On 11 June 2020, Presidential Practice Statement No 2 of 2020: Arrangements...

 during the Covid-19 pandemic was published, revoking Practice Statement No 1.  From then, all immigration appeals to the First-tier Tribunal had to be started using the reformed online procedure accessed...

Virtually Judging Immigration Hearings
By Richmond Chambers -

Imagine your case management hearing in the Immigration and Asylum Chamber taking place in a fully virtual courtroom, a Microsoft built prototype. Well, it is a possibility come this October. Home Office Presenting...

 Officers or opposing counsel, Judges, HMCTS staff, your barrister and/or solicitor will all appear remotely by audio or video conference. It’s likely to be less intimidating than you might imagine:...

Self-Serving Statements
By Alexandra Pease - Barrister Partner

In R (on the application of SS) v Secretary of State for the Home Department (“self-serving” statements) [2017] UKUT 164 (IAC) heard before Upper Tribunal Judge Lane it was held that: (1) The expression...

 “self-serving” is, to a large extent, a protean one. The expression itself tells us little or nothing. What is needed is a reason, however brief, for that designation. For example, a letter...

Home Office has ‘the clearest obligation’ to serve relevant policy guidance
By Richmond Chambers -

In the recent case of UB (Sri Lanka) v Secretary of State for the Home Department [2017] EWCA Civ 85, the Court of Appeal has found that the Secretary of State has ‘the clearest obligation’ to serve relevant...

 past policy documents and ensure that they are before the Tribunal. Background The Appellant was a Sri Lankan national who came to the UK in 2007 as a student. He made further applications for leave to...

Chief Inspector of Borders and Immigration report on sham marriages
By Richmond Chambers -

The Chief Inspector of Borders and Immigration has released a report criticising the Home Office’s approach to tackling so-called ‘sham marriages’. The Immigration Act 2014 This report was written in response...

 to the implementation of Part 4 of the Immigration Act, which came into effect on 2nd March 2015. New provisions changed the way in which marriages were to be conducted in the UK, with the aim of...

Out of Country Human Rights Appeals
By Alexandra Pease - Barrister Partner

Section 63 of the Immigration Act 2016 came into force on 1st December 2016 (see Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/1037SI2016/1037) which...

 allows the Secretary of State for the Home Department to certify human rights appeals. This allows the Home Office to remove a person who pursues an appeal based on human rights even while the appeal is pending....

Independent thinktank publishes report on status of EEA nationals in the UK
By Richmond Chambers -

A new report published by British Futures has encouraged the government to formalise proposals concerning the status of EU citizens living in the UK post-Brexit. Current Opinion. The status of current EU citizens...

 was a matter of great contention during the EU debate and remains so now. Liam Fox was widely criticised for referring to them as “bargaining chips” and there has been pressure for the UK government to...

Home Office issues guidance on ‘remove first, appeal later’ in human rights appeals
By Richmond Chambers -

The Home Office has published guidance on how the new certification process will operate under the Immigration Act 2016. Legislation Section 94B of the Nationality, Immigration and Asylum Act 2002 contains a process...

 which is known as certification. This means that an immigration appeal can only be lodged and heard, or continued if the claim is certified after the appeal is lodged, whilst the claimant is outside the...

‘Remove First, Appeal Later’ Extended
By Richmond Chambers -

Today, Commencement Order No.2 brings into force key sections of the Immigration Act 2016. The ‘remove first, appeal later’ policy is substantially extended. The...

 Home Secretary now also has power to cancel leave which has been granted under s.3C of the Immigration Act 1971.Leave Under Section 3CContact Our Immigration Lawyers In London

Litigation debt as a general ground for refusal
By Alexis Slatter - Immigration Barrister

In March 2016, a specific power to refuse applications on the basis that an applicant owes a litigation debt was introduced as a general ground of refusal in Part 9 of the Immigration Rules (HC877)....

 Equivalent changes were made to the ‘suitability requirements’ for applicants under the visitor route in Appendix V and for applicants under the family and private life migration routes in appendix FM and appendix...

Upper Tribunal finds that there is no shared duty of cooperation on a Member State to substantiate nationality
By Richmond Chambers -

The Upper Tribunal has recently given its determination in the case of MW (Nationality; Art 4 QD; duty to substantiate) Eritrea [2016] UKUT 00453 (IAC). In its determination the Upper Tribunal analyses on whom...

 the duty lies to substantiate nationality, in relation to a case of disputed nationality. Background The appellant, MW, claimed to be an Eritrean national, at risk of persecution in Eritrea on the basis of...
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