In our previous article, we discussed the complexities arising from the case of R (on the application of Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin) for children of EEA nationals and their potential claims to British citizenship. This case raised the…
By Shaheen Mamun, Black Antelope Law, and Sheraaz Hingora,
Introduction: Within the intricate realm of immigration appeals, the appellant's right to family life often emerges as a focal point. This article delves into a specific case study that elucidates the intricacies and challenges encountered when evaluating this fundamental human right…
From 17 July 2023, international students can only switch into a sponsored work route (the Skilled Worker or Scale-up Worker) after they have completed their course of studies. PhD students can switch into the sponsored work route 24 months after the start date of the course.
The…
The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.
Does the public sector equality duty in…
In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be…
By Natalie Hodgson, University of Nottingham, via The Conversation,
The Court of Appeal has ruled against the UK government's plan to send asylum seekers to Rwanda, adding a significant legal hurdle to the prime minister Rishi Sunak's promise to "stop the boats".
Under the migration partnership announced in April 2022, the UK government could send people…
The public sector equality duty ("PSED") imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of…
The Skilled Worker route is becoming a popular choice for migrant workers in post-Brexit UK now that European citizens are subject to immigration control and require sponsorship unless they are able to apply under other categories such as the EU Settlement Scheme. Sponsorship of migrant…
This appeal relates to the interpretation of the Immigration Rules, in particular the Tier 1 (Investor) Migrant regime (as in force in December 2017 – it has since been closed). This regime was designed to grant leave to remain to high-net-worth individuals making a substantial financial…
By Dunja Mijatović, Commissioner for Human Rights, Council of Europe,
"I am struck by the alarming level of tolerance to serious human rights violations against refugees, asylum seekers and migrants that has developed across Europe" says Council of Europe Commissioner for Human Rights, Dunja Mijatović, from Lampedusa today, ahead of World Refugee Day…
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