Inter-country adoption case

By Free Movement On 24 May 2012 · Leave a Comment · In Cases, Children, Immigration rules, Tribunal

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In Buama (inter-country adoption – competent court) Ghana [2012] UKUT 146 (IAC) Upper Tribunal Judge Warr held that there is no basis for the UK Border Agency to go behind a court order made by a competent court in a foreign country. Where such an order is valid on its face the Agency [...]

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Two tribunal cases on deception

By Free Movement On 23 May 2012 · 4 Comments · In Cases, No return rule, Tribunal

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In the case of Mumu (paragraph 320; Article 8; scope) Bangladesh [2012] UKUT 143 (IAC) Judges of the Upper Tribunal Storey and Lane have dismissed an appeal against a refusal under paragraph 320(7A) of the Immigration Rules. This reads as follows:

(7A)  Where false representations have been made or false documents or information have [...]

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Genuine visitor: relevant and irrelevant considerations

By Sanaz Saifolahi On 22 May 2012 · 4 Comments · In Cases, Immigration rules, Tribunal, Visitors

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In the reported case of Sawmynaden (Family visitors – considerations) [2012] UKUT 00161 (IAC) the Upper Tribunal outline a number of factors relevant to the assessment of “genuine visitor”.

In Sawmynaden, the appellant had travelled to the UK on a number of occasions since 2001 in order to visit her daughter.  [...]

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London Legal Walk sponsorship

By Free Movement On 21 May 2012 · Leave a Comment · In Events

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As in previous years, a team from Renaissance Chambers is today undertaking the London Legal Walk and seeks sponsorship. We provide this blog free of charge but if you would like to support our cause we would be grateful. Follow this link to do so.

I myself, shamefully, will not be on [...]

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Advocate General Opinion on Other Family Members

By Free Movement On 18 May 2012 · 4 Comments · In Cases, EU Free Movement, Other
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Advocate General Bot has given his Opinion in the case referred to the Court of Justice of the European Union by President Mr Justice Blake. I have already flagged the new Opinion up on the blog but at the time had not had an opportunity to read it. That situation has [...]

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GS (India) and medical treatment cases

By Free Movement On 17 May 2012 · 1 Comment · In Article 3, Cases, Human rights, Tribunal

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Some time ago, I put up an angry post (it is never a good idea to publish in anger) about the case of  GS (Article 3 – health exceptionality) India [2011] UKUT 35 (IAC), in which it was held that a diabetic man on dialysis who [...]

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Crime and Courts Bill

By Free Movement On 16 May 2012 · 3 Comments · In Appeals, Legislation, News, Policy
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As has been widely reported in the mainstream media, the Government proposes to scrap family visitor appeal rights. Again. The change is intended to come into full effect in 2014 but as early as July 2012 the definition of ‘family’ will be narrowed to exclude cousins, uncles, aunts, nieces or nephews. See the press release [...]

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UKBA crushes people smuggler

By Free Movement On 15 May 2012 · 4 Comments · In News

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Sometimes you just can’t make it up. The UK Border Agency has posted a video on YouTube of it crushing a van used by people smugglers.

As I understand it, the nine Kuwaiti migrants were removed first. So were the people smugglers. Although it doesn’t actually explicitly say so anywhere in the press [...]

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More unlawful detention cases

By Free Movement On 9 May 2012 · Leave a Comment · In Administrative Court, Article 3, Cases, Court of Appeal, Detention, Human rights
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There has been a flood of judgments in the last few weeks on the issue of unlawful detention. With immigration detention used more frequently and for longer periods than ever before, the aftermath of the secret and unlawful presumption of detention policy and the ongoing travails of the UK Border Agency, it seems likely [...]

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Important judgment on value of medical reports

By David Rhys Jones On 8 May 2012 · 2 Comments · In Cases, Court of Appeal, Detention

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The Court of Appeal has reviewed the meaning of ‘independent evidence of torture’ and the correct approach to the analysis of medical reports in R (on the application of AM) v Secretary of State for the Home Department [2012] EWCA Civ 521.

AM was unrepresented, her asylum application refused, her appeal lost and [...]

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