In our most recent contribution to the Free Movement blog, John Vassiliou discusses why he took a client’s appeal to the media instead of the immigration tribunal for the first time in his career. 

In a recent post on the free movement blog, Darren Stevenson discusses the limitations of challenging Home Office decisions on the basis that they are unfair. He highlights the distinction drawn by the courts between procedural and substantive fairness. Something can be unfair without being unlawful. The consequences of immigration decision often seem very unfair, however sympathetic circumstances are, unfortunately, not enough. For a decision to be unlawful procedural unfairness or irrationality is required.

Article 8 of the European Convention on Human Rights protects the right to private and family life. An asylum claim, although primarily based on a well founded fear of persecution or serious harm in the applicant’s country of origin, often also includes a claim that removal would breach the applicant’s private and/or family life.

In our latest contribution to the Free Movement blog Iain Halliday examines the statutory considerations judges are required to “have regard to” in human rights appeals in the Immigration Tribunal.

There’s been a lot of Brexit news this week: on Monday Parliament debated the Immigration and Social Security Co-Ordination (EU Withdrawal) Bill which will bring an end to EU free movement law in the UK;

The latest version of the Home Office’s Good character requirement guidance published on 14 January 2019 incorporates long-awaited new sections on children and refugees.

On Monday the UK government published a policy paper entitled ‘Immigration from 30 March 2019 if there is no deal’.

The EU Settlement Scheme opened up for a public test phase on 21 January 2019. EU citizens with a passport and their non EU family members in possession of a biometric residence permit (BRP) are now eligible to apply under the scheme. With millions of applicants now potentially eligible, we answer some frequently asked questions on the new settled status scheme.

  If you have been following the recent changes in immigration law, you will appreciate that a considerable upheaval of the visa application procedure has taken place since November 2018. With the introduction of their new digitalised service for visa applications, the Home Office launched a number of new user-pay services.

In the recent decision of SA v Secretary of State for the Home Department [2018] CSIH 71  the Court of Session considers the correct approach to assessing whether it is reasonable to expect a child who has lived in the UK for seven years (or who is British) to leave the UK.