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...
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...
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...
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...
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...
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...
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...
Upper Tribunal grant Judicial Review permission
Secretary of State arguably failed to apply relevant rules and policy guidance in refusing indefinite leave to remain to a Tier 1 (General) Migrant. Amarjit Seehra instructed by Nag Law Solicitors.
Jonathan Martin stops a removal
In a case where the family member of an EEA national had made an application on that basis but the Home Office wanted to remove him before making a decision on it Jonathan Martin, instructed by Biruntha solicitors, obtained an injunction from Upper Tribunal Judge Allen to stop the removal
Amarjit Seehra granted permission in Iraqi case
The Upper Tribunal granted permission to proceed in a fresh claim Judicial Review involving a vulnerable Iraqi Applicant without documents. Amarjit Seehra was instructed by BHD Solicitors.
Emma Harris obtains permission to Judicially Review a fresh claim decision on “Insurmountable Obstacles”
Emma Harris, appearing in the Upper Tribunal, today obtained permission to judicially review the decision of the Secretary of State to refuse her client leave to remain in the UK with his British partner. She successfully persuaded the Judge that it was arguable that it could be an insurmountable obstacle...
Emma Harris, led by Sarabjit Singh QC, appeared in reported case establishing that a British Overseas Citizen is Stateless
Emma Harris, led by Sarabjit Singh QC of 1 Crown Office Row and instructed by Barnes, Harrild & Dyer Solicitors, appeared in the recently reported case of Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) in which it was successfully argued that British Overseas Citizens...