KNOWLEDGE

CENTRE

Sham marriages, marriages of convenience and the burden of proof

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...

Virtually Judging Immigration Hearings

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...

Self-Serving Statements

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

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...

Chief Inspector of Borders and Immigration report on sham marriages

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...

Out of Country Human Rights Appeals

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...

Independent thinktank publishes report on status of EEA nationals in the UK

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...

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

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...

‘Remove First, Appeal Later’ Extended

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...

Litigation debt as a general ground for refusal

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)....

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

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...

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

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...