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News

Permission to apply for JR  in a domestic violence case

Jonathan Martin, instructed by Nag Law, was granted permission to seek Judicial Review for a male applicant who had applied for Indefinite Leave to Remain on the basis that his marriage had broken down owing to his partner’s violence. It was found to be arguable that the Home Office had taken an overly restrictive view…

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Post-Brexit arrangements for EU, EEA, Swiss, and Turkish nationals

The ultimate outcome of the negotiations surrounding the UK’s departure from the EU is still unclear. However, as things currently stand, it is the government’s intention that the current free movement rights will cease at some point on or around 31 December 2020. There are a number of persons who can apply after this cut-off…

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Temporary Worker Pilot Scheme

This is a trial scheme for a limited number of non-EU workers seeking short term employment in various agricultural industries. This is currently a very limited pilot confined to 2,500 applicants, and at the date of writing it appears that most or all of the places have been filled (but there will be plenty of…

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Appendix W of the immigration rules: a review by Robert Parkin

Appendix W, introduced at the end of March 2019, creates two entirely new categories for leave to enter or remain in the UK to work. They are collectively known as “Workers” and, though it will not necessarily be easy to apply under, this may be very attractive to a number of applicants who can no…

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Maria Gherman granted permission to bring Judicial Review proceedings twice in the same case.

Maria Gherman has, unusually, been granted permission to bring Judicial Review proceedings twice in the same case. The Applicant, FF, applied for entry clearance as Tier 1 Entrepreneur Migrant under the points-based system; his application was refused under §245DB(f) of the Immigration Rules, as the entry clearance officer did not believe that the Claimant was…

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James Bogle successfully obtains wide-ranging non-disparagement and non-interference injunction in the High Court

James Bogle, senior civil practitioner at 10 Kings Bench Walk, successfully obtained a non-disparagement and non-interference injunction in the Queen’s Bench Division of the High Court. Normally a difficult type of injunction order to obtain, not least because of the effect of s.12 of the Human Rights Act 1998, and Article 10 of the European…

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How to use the new country guidance case on Iranian Kurdish asylum seekers

Following his recent appearance in HB (Kurds) Iran CG [2018] UKUT 430 (IAC), the recent Country Guidance case on the persecution risks for Iranian Kurds, Rudolph set down some thoughts about how the judgment might be used in future asylum claims in a Free Movement blog post. The full article can be read here. It…

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Court of Appeal rules former Sri Lankan national stateless

The Court of Appeal gave guidance on the significance of statelessness and the burden of proof where the Appellant had been deprived of his British Citizenship under section 40(3) British Nationality Act 1981 in the matter of KV (Sri Lanka) v Secretary of State for the Home Department [2018] EWCA Civ 2483. The Court allowed the…

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