Deprivation of citizenship has legal effect even if later withdrawn

Deprivation of citizenship has legal effect even if later withdrawn

by Bilaal Shabbir

When the Home Office withdraws a decision to deprive someone of their British citizenship, does the person get their citizenship back (prospective) or was it never lost in the first place (retroactive)? This was the deceptively simple question that the High Court grappled with in E3 & Ors v Secretary of State for the Home Department [2022] EWHC 1133 (Admin), eventually concluding that the effect of withdrawal is prospective only. Incorrect citizenship deprivation decision by Home Secretary, which was later withdrawn, still means man’s daughter, who was born in the meantime, is not British. Very serious consequences for entirely blameless child. — Colin Yeo (@ColinYeo1) May 16, 2022 In…

End of the AM (Zimbabwe) saga? Tribunal returns to Article 3 medical cases

by Miranda Butler

bed empty equipments floor

Practitioners will no doubt be aware of the Supreme Court’s decision in AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17. The justices endorsed the European Court of Human Rights decision in Paposhvili v Belgium (application no. 41738/10) and thereby materially lowered the threshold for resisting removal under Article 3 of the European Convention on the basis of serious ill-health. Despite his success on the law in the Supreme Court, AM’s individual case was remitted to the Upper Tribunal for fresh consideration applying the newly-articulated principles. Some nine years after he first challenged his removal from the UK, AM’s claim has now been dismissed. The judgment…

Job ad: immigration solicitor and immigration consultant, Truth Legal

by Free Movement

Thriving Immigration Department Seeks Additions to Support Continued Growth and Success Vacancies: Immigration Solicitor and Immigration Consultant About Us Based in Leeds and Harrogate, Truth Legal prides itself on being an ethical and affordable law firm committed to the care and wellbeing of clients and staff alike.  As a new member of the Immigration Department, you’ll be joining a close-knit, supportive and ambitious team on an upward trajectory, with excellent opportunity for your own career progression.  We hope to obtain a Legal Aid contract in the next few years.  About You Above all, you will have a genuine interest in all-things immigration, and be motivated by a wish to help…

EU citizens’ rights group launches CSI Justice campaign

by CJ McKinney

Campaigners are pursuing compensation for EU citizens wrongly found to be unlawfully resident for lack of private health insurance. The CSI Justice campaign, launched by lobby group the3million, follows the recent Court of Justice ruling that EU nationals did not need Comprehensive Sickness Insurance to be legally resident in the UK as students or self-sufficient. The Home Office and UK courts had always insisted that they did, despite having the right to use the NHS. Consequences of failing the supposed CSI requirement included denial of benefits, inability to qualify for citizenship and permanent residence, and even removal from the UK. The campaign is “supporting people to pursue justice and explore…

Ukraine Advice Project

by CJ McKinney

large group of people holding banner on supporting ukraine

Many readers will know that I was helping with the new Ukraine Advice Project for much of March. The UAP (as we inevitably refer to it amongst ourselves) is really a mass mobilisation of UK immigration lawyers to give pro bono advice directly to people fleeing the war in Ukraine and wanting to come legally to the UK. The organisers were just a conduit to 500+ volunteer barristers, solicitors and OISC advisers who have been giving their time with remarkable generosity. We have yet to properly thank everybody who assisted behind the scenes with the project in those frantic early days after the invasion, but Colin effectively seconded me from…

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