Legal Matters


Minimum Income Requirement

The Court of Appeal in the recent case of MM v. Secretary of State for the Home Department [2014] EWCA Civ. 985 had to consider the minimum income requirement introduced into the Immigration Rules in June 2012.  Previously the requirement for the issue of a marriage visa, as set out in Rule 281 was that […]

22nd July 2014 (Family, Legal Matters, Policy)

Immigration Act 2014 – Article 8 Echr

Public interest considerations 14 July 2014  1          There has been much concern in recent years about the number of cases in which convicted foreign criminals have been able to frustrate  decisions to remove or deport them from the United Kingdom by reliance in appeals against such decisions on Article 8 of the European Convention on […]

18th July 2014 (European Union, Legal Matters)

House Of Lords Select Committee On The Constitution Findings On The Immigration Bill

The Select Committee brings three clauses of the Immigration Bill to the attention of the house.  Read the Full Briefing Paper No 8.76

19th March 2014 (Legal Matters)

Fraudulently Obtained Visas

There are reports in today’s newspapers of fraud on an industrial scale by which applicants for student visas are enabled to arrange for fluent English speakers to present them for the purpose of being tested on their proficiency in English.  It will be the subject of a Panorama programme on 10 February. Any applicant indulging […]

Proceeds Of Crime Act Successfully Used Against An Employer Of Illegal Immigrants

Section 15 of the Immigration, Asylum and Nationality Act 2006 prescribes civil penalties which may be imposed by the Home office on employers found to have been employing illegal immigrants, i.e. people who have no leave to remain in the UK, whose leave has expired or who have leave but whose leave is subject to […]

28th September 2013 (Legal Matters)

Operation Nexus

This is the title of an operation launched by the Metropolitan Police in September 2012 which has recently attracted a certain amount of media attention. The object of it is to use deportation as a sanction against foreign unconvicted criminals. Deporting convicted criminals is not usually a problem, subject to the operation of Article 8 […]

27th June 2013 (Legal Matters)

Legal Aid In Immigration And Asylum Cases

As always with these legal briefing papers it is stressed that they are not published as authoritative legal advice but for general guidance and information for users of the Migration Watch website. Restrictions on the availability of legal aid are imposed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. the provisions of […]

19th April 2013 (Asylum, Legal Matters)

Convicted Foreign Criminals And The Right To Family Life

The paper which appears below under the title “Convicted foreign criminals and the right to family life (2)” was completed on 13 February 2013.  It is appropriate to precede it with further comments following the Home Secretary’s article on the subject which appeared in The Mail on Sunday on 17 February.  The Home Secretary accuses […]

18th February 2013 (Family, Human Rights, Legal Matters)

Judicial Review – Proposals For Reform

27 December, 2012 The Ministry of Justice has recently published a consultation paper on this subject. The need for reform arises because of the enormous growth in numbers of applications for Judicial Review (JR) and the paper acknowledges in paragraph 24 that the main area of growth has been in immigration and asylum cases.  In […]

28th December 2012 (Legal Matters)

Bill Of Rights – Commission’s Report

21 December, 2012 The Commission set up in 2011 to report on the possibility of a UK Bill of Rights published its report yesterday, 18 December. It has not attracted much attention from the media. The report itself runs to 282 pages, which I do not claim to have read in full. I was aware […]

24th December 2012 (Human Rights, Legal Matters, Policy)

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