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Supreme Court finds immigration detainee was falsely imprisoned

By Mark Symes,
On 25 May 2011 the Supreme Court allowed the appeal in Kambadzi v Secretary of State for the Home Department [2011] UKSC 23 The issue was whether the Appellant was falsely imprisoned in circumstances in which there was a statutory power to detain, but the Secretary of State had failed to…

Proving Rights of Residence regarding EEA Estranged Spouses

By Mark Symes,
In the recent decision of Amos, we find the Court of Appeal commenting on the approach to the European Union law of right found in the Citizens Directive and transposed into the domestic EEA Regulations by Regulation 10(5) and 15(1)(f). The Court summarised the requirements for permanent…

Zimbabweans - new Country Guidance in EM, and developments on Article 8

By Mark Symes,
The decision in EM Zimbabwe of 14 March 2011 changes the prevailing situation of Zimbabwe asylum seekers. From 19 November 2008 until 13 March 2011, RN Zimbabwe prevailed, meaning that the critical issue for a person whose primary asylum claim had failed, and now relied on the general…

Fresh claims

By Colin Yeo,
In R (on the application of MN (Tanzania)) v Secretary of State for the Home Department [2011] EWCA Civ 193 the Court of Appeal has yet again returned to the vexed issue of the standard of review in asylum fresh claim judicial reviews. As Mark discussed last week, this category of…

Immigration Judicial Review moving to Tribunal

By Mark Symes,
Presently the Administrative Court has a power to transfer judicial review proceedings into the Upper Tribunal: but rather a sterile one in the immigration field, because of the wording of section 31A of the Seniors (previously, Supreme) Courts Act 1981, which excludes judicial review…

Bringing workers into the UK - European Union law and Vander Elst

By Mark Symes,
As entry for migrants becomes increasingly difficult under the Points Based System, it is necessary to consider what other avenues might be available for firms to bring staff into the United Kingdom. For those firms incorporated elsewhere in the European Union there may be an avenue under…

Can an asylum seeker be a student for immigration rule purposes ?

By Mark Symes,
Can an asylum seeker be a student for immigration rule purposes ? This matters in practice, because if they can, it might be wrong for the Secretary of State to curtail their leave to remain as a student when refusing them asylum. Time there was when one might have imagined only answer to…

Effect of a determination on non parties

By Colin Yeo,
The High Court recently had reason to consider the extent to which courts and tribunals are able to bind non-parties with a determination or judgment. The case is R (on the application of PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin) (04 August 2010) and it makes interesting…

Family Members of Points Based System Migrants

By Mark Symes,
The remedies for those who have been refused entry clearance (visas) under the Points Based System (PBS) are rather slight. There is in general no appeal under the immigration rules, a restriction achieved by a rather arcane legislative route: section 88A(1) of the Nationality Immigration…

Fees to lodge appeals on the way

By Colin Yeo,
The Government intends to start charging fees to lodge immigration appeals, including asylum appeals. A 12 week public consultation has been launched. You can have your say and access the relevant documents here. The proposed fee levels are as follows: Around £65 for paper…
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  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.

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