Monthly Archives: September 2017

Open letter to IAC Yarl’swood Bail Section: Why the unreasonable delays in listing bail hearings?

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I am sure your Bail Section received several bail applications on 20 September 2017…….and before that.   In light of how events have unfolded these last few days, I might not be in error in drawing a conclusion that some bail applicants  might be in a predicament- terribly distressed and frustrated having  pending  bail applications  submitted  over a week  ago yet without  any hearing notice in sight.

 

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Home Office adamant cogent evidence renders AA(Iraq) largely redundant on security situation

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It is clear from initial decision- making through  to  judicial review challenge cases  that the  Home Office have been  angling for many months to have  AA (Article 15(c)) (Rev 2) [2015] UKUT 544 (IAC)  overturned.  This is because having regard to AA(Iraq)2015,  as initially promulgated  and even as recently amended by  AA (Iraq) v Secretary of State for the Home Department [2017] EWCA Civ 944, it is still possible  for  Iraqi claimants  relying on claims for Humanitarian  Protection  before the Tribunal  to succeed.  What may be delaying a head -on challenge might be the lack  identification of  an appropriate  case.

 

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The Forgotten Claimants: Of Zimbabwean HIV medical condition claims, drug shortages and Paposhvilli

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It was in 2005, when a Zimbabwean claimant came to the office clutching two determinations   promulgated by different Immigration Judges. Please help me, he said in a panic, I won my appeal on the basis of my medical condition, but now that decision has just been overturned   by a Senior Judge. His own legal representative had informed him that day that there were was nothing further that could be done to assist him.

 

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Meeting the 5year route to settlement as a Partner or Parent: Your frequently asked questions answered

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(1)What are the two routes to settlement as a Partner or a Parent?

 

Appendix FM provides two routes to settlement on the basis of family life as a partner or parent. These are a 5-year route and a 10-year route where:

 

  • the 5-year route as a partner or parent is for those who meet all of the relevant suitability and eligibility requirements of the Immigration Rules at every stage.

  • the 10-year route as a partner or parent applies: in respect of applications for leave to remain, to those who meet all of the suitability requirements, but only certain of the eligibility requirements as a partner or parent where paragraph EX.1. of Appendix FM applies and is met. Paragraph EX.1. is not an exception to the Rules as a whole, but to certain eligibility requirements for leave to remain under the 5-year partner and parent routes under Appendix FM; or where entry clearance or leave to remain is granted following consideration under paragraph GEN.3.1. or GEN.3.2. of Appendix FM and in light of the exceptional circumstances to which that paragraph refers.

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