Category: Immigration

Avoiding real injustices: re-opening finally determined civil appeals

In a rare step, the Court of Appeal has granted an application to re-open an appeal where the judge deciding it did not have the right documents and the appellant had nowhere else to turn for a remedy against a Home Office family visa refusal.

Exploited migrant worker paid £4.52 per day wins epic Court of Appeal battle against ex-employer

In this judgment, the Court of Appeal gives important guidance on the defence of illegality of contract in the context of the UK’s ‘right to work’ system for non-EU national workers and employees.

🎬 New video with free tips for immigration lawyers ✅

Free tips for UK immigration lawyers in this short video, summarising a key point of procedure on Upper Tribunal appeals following a recent reported case.

Unlawfully detained EU national gets damages after legal challenge blocks removal

Bringing a judicial review claim which is unlikely to be dealt with quickly may render ongoing detention unlawful, according to a Court of Appeal decision.

Free Q&A with LexisNexis on UK Supreme Court guidance in ‘private life’ cases

Download my Q&A infosheet on the UK Supreme Court’s latest decision on the right to private life in immigration cases.

Dear Susan… an open letter to @CEOofHMCTS re: the ‘float-list’

Following a discussion sparked by a recent twitter thread about the perils of the ‘float-list’ in UK Tribunals, here is my open letter to Susan Acland-Hood, the @CEOofHMCTS, seeking greater transparency on the listing process.

Supreme Court shakes up immigration law on the rights of settled children 👏🏽

Full analysis of this landmark judgment sets out fresh guidance for immigration cases on the law of children’s best interests, and the extent to which parental misconduct can be considered in human rights claims involving settled children.

Free resources on the rights of settled children ahead of landmark Supreme Court case

The UK Supreme Court case of KO (Nigeria) is expected to bring further clarity to immigration cases that involve the removal of parents of children who are settled in the UK. Here are some resources on the topic.

This is what lawyers need to do when alleging that a Judge is biased

Allegations of bias are easily made but hard to prove. Two recent Upper Tribunal cases have discussed the duty of advocates to raise issues of procedural unfairness as and when they occur.

Vulnerable EEA national unlawfully detained by the Home Office, High Court rules

The Home Office unlawfully detained an EEA national who spent over a year in immigration detention, after it emerged that there was no ‘realistic prospect of deporting the claimant within a reasonable period’.