Tag: Immigration
New post for freemovement.org on EU children’s rights case in the Upper Tribunal
The Upper Tribunal has taken a significant step forward for the protection of the rights of undocumented EU children in the UK, in the reported case of MS (British citizenship; EEA appeals) Belgium [2019] UKUT 356 (IAC). Read my coverage of the case for freemovement.org.
Exclusive: first glimpse inside the First-tier Tribunal’s digital pilot appeals
Digitisation is coming to the civil justice system in England and Wales. The reform has significant risks and benefits. In this exclusive Q&A, I spoke with a solicitor who has been testing the new system of digital appeals in the immigration Tribunal.
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.
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.