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Category Archives: Uncategorized

Legal updates March 2020: Closures, Immigration Healthcare Surcharge and more

There have been three cases of significant importance within the Administrative Court in March: Hafeez v Secretary of State for the Home Department In R (on the application of Hafeez) v Secretary of State for the Home Department [2020] EWHC 437 (Admin) it was found that a decision to certify, under Regulation 33 of the Immigration (European … Continue reading Legal updates March 2020: Closures, Immigration Healthcare Surcharge and more

Litigation friends in the Immigration Tribunal

What is the case law governing Litigation friends? AM (Afghanistan) v. Secretary of State for the Home Department (2017) EWCA Civ 1123 gives part of the authority for the ability to appoint litigation friend within the Immigration Tribunal. In AM (Afghanistan) the Court of Appeal stated there was ‘ample flexibility’ within the Tribunal Procedure (First-tier Tribunal) (Immigration and … Continue reading Litigation friends in the Immigration Tribunal

The immigration Tribunal and Covid-19 Coronavirus

This blog is directed to those who have upcoming court hearings in the Tribunal during the Covid-19 virus outbreak. The Immigration and Asylum chamber has issued guidance to those who have upcoming immigration hearings. Business as usual? As of 16 March 2020, the business in courts and tribunals continues as normal. If there are changes … Continue reading The immigration Tribunal and Covid-19 Coronavirus

How to deal with a civil penalty for employing illegal workers: Part 2

Write a written objection The first stage in dealing with a civil penalty that’s been issued is to write a written objection to the Home Office, this must be done within 28 days of issuance of the civil penalty notice. The objection can be because the employer feels that there is no liability at all, … Continue reading How to deal with a civil penalty for employing illegal workers: Part 2

Case Law Update: Disabilities, Female Students, False Imprisonment and Afghan Sikhs

Examining the Restricted Leave Policy R (on the application of MBT) v Secretary of State for the Home Department (restricted leave; ILR; disability discrimination) [2019] UKUT 414 (IAC) a Judicial Review application in the Upper Tribunal, considered whether the Secretary of State’s ‘Restricted Leave Policy’ engaged Article 8 ECHR and to what extent it should be … Continue reading Case Law Update: Disabilities, Female Students, False Imprisonment and Afghan Sikhs

How to deal with a civil penalty for employing illegal workers: Part 1

This blog considers the civil penalties for employing illegal workers, although there are also criminal penalties for knowingly employing an illegal worker. If an employer is prosecuted under criminal penalties, then they can also be subject to a civil penalty. Section 15 of the Immigration, Asylum and Nationality Act 2006 gives power to the Secretary … Continue reading How to deal with a civil penalty for employing illegal workers: Part 1

What to do if you’ve employed a disqualified person

Section 21 Immigration, Asylum and Nationality 2006 makes it an offence for an employer to employ anyone knowing or having reasonable cause to believe that they are a ‘disqualified person’. What is a disqualified person? A disqualified person is: a person who has not been granted leave to enter, or leave to remain in the … Continue reading What to do if you’ve employed a disqualified person

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