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Sham marriages, marriages of convenience and the burden of proof
By Zarina Rahman

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 bears the burden of proof. Molina, R (On the Application Of) v The Secretary of State for the Home...

Virtually Judging Immigration Hearings
By Zoe Bantleman

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: video links and telephone conference technology have been well tested in legal cases across the...

Self-Serving Statements
By Alexandra Pease

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:Contact Our Immigration Barristers

 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:Contact Our Immigration Barristers

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.BackgroundContact Our Immigration Barristers

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 extending the marriage and civil partnership notice period from 15 days to 28 days for...

 all couples in England and Wales marrying following civil preliminaries or forming a civil partnership; requiring couples in which one of the participants is a non-European Economic Area (non-EEA) national and who wished to marry in the Church of England...

Out of Country Human Rights Appeals
By Alexandra Pease

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. the claimant did not have existing leave at the point that they made their human rights claim (for example, overstayers or illegal entrants) the claimant does not rely on their relationship with a British national family...

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. A cut-off date should be selected after which changes to the current rights of EU...

 citizens may apply. The date that has been suggested is when Article 50 is triggered; That EU nationals who can show five years’ residency in the UK be offered Permanent Residence. It has further recommended that the UK Government pass legislation 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 In all deport cases; In non deport cases on or after 1 December 2016 where the claimant did not have leave when they made their human...

 rights claim and when the claimant does not rely on their relationship with a British national family member (note that both criteria must be met). Appeals where a temporary removal from the country would create a situation which is unlawful under s.6...

‘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

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 Armed Forces. The power is discretionary and applies to applications made on or after 6 April...

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

Increase In Immigration Appeal Fees Limits Immigrants From Challenging Home Office Decisions
By Richmond Chambers

The Ministry of Justice has today increased some immigration and asylum appeal fees by up to 500%.  This is against the backdrop of a consultation in which 142 out of 147 respondents indicated that they were opposed to the proposal.  The New Appeal Fee Structure...

 And Its Effects To apply for an oral hearing at the First-tier Tribunal (Immigration & Asylum Chamber), the fee has been increased from £140 to £800; To apply for a paper decision from the First-tier Tribunal (Immigration & Asylum Chamber), the fee has...
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