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Costs in Immigration Judicial Review Proceedings

By Jasmine Theilgaard, Richmond Chambers,
As outlined in our previous series of blog posts, immigration judicial review allows you to challenge decisions by the Home Office when the decision does not attract a right of appeal or administrative review. An important consideration when deciding whether to pursue immigration judicial…

Home Office sticks to its guns on paragraph 322(5)

By Asad Ali Khan,
In Balajigari [2019] EWCA Civ 673 (discussed here), the Court of Appeal held that the use of paragraph 322(5) of the Immigration Rules in the cases of highly skilled Tier 1 (General) migrants (T1GMs) was "legally flawed" because SSHD decision-makers jumped to the unfair conclusion that…

Court of Appeal: Article 8 assessments are fact intensive

By Asad Ali Khan,
GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630 (04 October 2019) GM arrived in the UK from Sri Lanka as a student in 2010 and in August 2012 she married another Sri Lankan national. Their first child was born on 31 October 2012. Her student visa expired…

Court of Justice rules on source of income for Derivative Residence applications

By Dr. Catherine Taroni, Richmond Chambers,
On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. In a Chen (C-200/02) Derivative Residence…

Avoiding real injustices: re-opening finally determined civil appeals

By Ben Amunwa, Law mostly,
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. Low on the bucket-list of Lord Justices of…

Immigration Rules designed to keep families together cause families to be separated

By Gillian McCall, Richmond Chambers,
Individuals coming to the UK for work or investment purposes, such as Entrepreneurs, Innovators, Investors, Sponsored Workers and Sole Representatives, are usually able to bring family members with them, including a Spouse or Partner and children who are under the age of 18. However,…

UK and France risk putting more migrants in danger

By Damon Culbert, Axis Solicitors,
Following a meeting with French counterpart Christophe Castaner, Home Secretary Priti Patel stated that the UK and France would be investing more in policing along the French border to prevent people making the crossing on small, unsafe boats. Patel asserted that the UK would "not let…

Property investment and immigration

By Mark Burns, Pure Investor,
If newspaper headlines are to be believed, the announcement of Brexit led to a sudden upsurge in UK nationals rushing to exercise their ancestral right to citizenship of other European countries and thus keep the right to live and work in the EU should they so wish. Taking out…

About the guest blog

  EIN's guest blog is intended as a platform where we gather together some of the best of immigration law blogging.

And it is a platform where you are welcome to post your opinions, commentary or analysis on immigration and asylum law.

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Blogging on EIN is a way of ensuring your opinions are available to read on one of the UK's leading immigration law websites.

Disclaimer

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