Brexit: What should EEA and EU nationals and their family members do now? – Free Movement

‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’

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Free Movement, 12th July 2016

Source: www.freemovement.org.uk

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Court of Appeal says when it is “reasonable” to remove a child resident for 7 years or more – Free Movement

Posted July 11th, 2016 in children, freedom of movement, immigration, news by sally

‘The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012 a new Immigration Rule was introduced stating that a foreign child would be permitted to remain if the child had lived in the UK for at least 7 years AND it was not reasonable to expect the child to relocate. This was paragraph 276ADE(vi) of the Immigration Rules. It was implied that the parents would also be permitted to stay to look after the child.’

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Free Movement, 7th July 2016

Source: www.freemovement.org.uk

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Britain will still be bound by international courts under any serious trade deal, MPs warned – The Independent

‘Britain would still be bound by the judgments of international courts under any serious international free trade agreement with other countries, a leading legal academic has warned MPs.’

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The Independent, 5th July 2016

Source: www.independent.co.uk

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Criminal proceedings against Kossowski (Case C-486/14) – WLR Daily

Criminal proceedings against Kossowski (Case C-486/14)

‘The accused fled from Germany to Poland after being accused of committing a criminal offence in Germany, and a criminal investigation was initiated against him in that state. The Polish authorities subsequently arrested the accused with a view to the enforcement of a term of imprisonment to which he had been sentenced in Poland in a different case. Subsequently, the Polish authorities opened an investigation procedure against the accused, accusing him of an offence based on his actions in Germany but decided eventually to terminate the criminal proceedings for lack of sufficient evidence. The Higher Regional Court, Hamburg, hearing an appeal brought by the Hamburg Public Prosecutor’s Office against that decision, took the view that under the German law, the evidence against the accused was sufficient to justify the opening of trial proceedings before the Regional Court, Hamburg, and the acceptance of the indictment for the purposes of those proceedings, unless that was barred by the principle of ne bis in idem (protection from multiple prosecutions in different member states) laid down in article 54 of the Convention Implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (1995) (OJ 2000 L239, p 19) (the “CISA”) and article 50 of the Charter of Fundamental Rights of the European Union. Accordingly, the Hamburg court referred to the Court of Justice of the European Union for a preliminary ruling a number of questions on the interpretation of those provisions.’

WLR Daily, 30th June 2016

Source: www.iclr.co.uk

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What is the legal meaning of “refugee”? – Free Movement

Posted June 23rd, 2016 in asylum, freedom of movement, immigration, news, refugees, treaties by sally

‘This week is Refugee Week. The Free Movement blog is about communicating complex legal issues in immigration and asylum law in a clear way and I thought it would be a good time to put together a short blog post explaining what a refugee actually is in legal terms and to collect together some of our previous blog posts about asylum issues. I hope you find it useful and interesting!’

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Free Movement, 22nd June 2016

Source: www.freemovement.org.uk

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Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another – WLR Daily

Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another [2016] EWCA Civ 469

‘The claimants were British nationals who, exercising their rights of free movement, had moved to European Union member states in the 1980s and remained living respectively in Italy and Belgium. They were not entitled to vote in the European Union referendum by section 2 of the European Union Referendum Act 2015 since they had last been registered to vote in a United Kingdom election more than 15 years ago. The 2015 Act adopted the franchise for United Kingdom parliamentary elections, including the 15-year rule. The claimants sought judicial review, claiming that the 15-year rule constituted a restriction on their rights of free movement which was not objectively justified, by way of a declaration that section 2 of the 2015 Act was incompatible with their directly effective European Union law rights. Article 50(1) of the EU Treaty provided that any member state could withdraw from the European Union in accordance with its own constitutional arrangements. The Divisional Court granted permission to proceed but refused the claim, holding that (i) section 2 of the 2015 Act fell within the scope of European Union law so that their rights of free movement were in principle engaged; (ii) section 2 was not a restriction on their rights of free movement; (iii) if section 2 were such a restriction, it was objectively justified as a proportionate means of achieving a legitimate objective, namely of testing the strength of a British citizen’s links with the United Kingdom over a significant period of time; and (iv) the claimants were not disentitled to a remedy on account of delay.’

WLR Daily, 20th May 2016

Source: www.iclr.co.uk

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Expats lose Supreme Court bid for EU referendum vote – BBC News

‘Two Britons living abroad have lost their Supreme Court battle over the right to vote in June’s EU referendum.’

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BBC News, 24th May 2016

Source: www.bbc.co.uk

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EU referendum: Two Britons lose EU vote legal bid – BBC News

Posted May 20th, 2016 in domicile, elections, freedom of movement, news, referendums, time limits by tracey

‘Two Britons living abroad have lost their Court of Appeal battle over the right to vote in June’s EU referendum.’

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BBC News, 20th May 2016

Source: www.bbc.co.uk

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Brexit brainstorming: immigration analysis – New Law Journal

Posted May 11th, 2016 in citizenship, EC law, freedom of movement, immigration, news, referendums by sally

‘How will UK-based EU citizens fare in the event of a full Brexit? Kate Beaumont gets an expert opinion from Tim Eicke QC.’

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New Law Journal, 6th May 2016

Source: www.newlawjournal.co.uk

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Ex-pats challenge to the EU referendum voting rules – UK Human Rights Blog

‘Schindler and MacLennan v. Chancellor of the Duchy of Lancaster and Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 957, Divisional Court 28 April 2016. An interesting, albeit unsuccessful, challenge to the rule which prohibits expatriates who were last registered to vote in the UK more than 15 years ago from voting in the forthcoming referendum on EU membership.’

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UK Human Rights Blog, 28th April 2016

Source: www.ukhumanrightsblog.com

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British expats lose legal battle for right to vote in EU referendum – The Guardian

‘The high court has rejected an attempt to force the government to grant millions of UK citizens living abroad a vote in this June’s EU referendum.’

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The Guardian, 28th April 2016

Source: www.guardian.co.uk

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High Court to hear British expats’ Brexit case today – Daily Telegraph

Posted April 20th, 2016 in domicile, EC law, freedom of movement, news, referendums, time limits by sally

‘British expats living in Europe are today heading to the High Court in the hope of forcing the Government to let millions of them vote in the EU referendum.’

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Daily Telegraph,

Source: www.telegraph.co.uk

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EU referendum: Rules giving ‘free pass’ to terror suspects – BBC News

‘Being in the EU makes it harder for the UK to stop serious criminals and those with suspected terror links entering the country, a UK minister is to say.’

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BBC News, 30th March 2016

Source: www.bbc.co.uk

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EU referendum: Expats challenge 15-year voting restriction – BBC News

‘Two expats are challenging a decision to bar British citizens who have lived elsewhere in Europe for more than 15 years from voting in the EU referendum.’

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BBC News, 15th March 2016

Source: www.bbc.co.uk

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A “Legally Binding and Irreversible” Agreement on the Reform of the EU – Henderson Chambers

Posted February 24th, 2016 in benefits, EC law, freedom of movement, news, treaties by sally

‘This Note addresses the question whether the agreement representing the outcome of the negotiations between the United Kingdom and the European Union on the reform of the EU can appropriately be characterised, in the Prime Minister’s phrase, as “legally binding and irreversible”. The original version of the Note was submitted as written evidence to the House of Commons European Scrutiny Committee (“the Scrutiny Committee”), following on from oral evidence that I gave, together with Sir Francis Jacobs QC and Martin Howe QC, on 18 November 2015. That version was prepared in relation to the draft texts accompanying the letter dated 2 February 2016 from Mr Donald Tusk, the President of the European Council, to the Prime Minister. As presented here, the Note relates to the agreement finally reached on 19 February 2016, which differs in some respects from the texts circulated on 2 February, but not so as to cause me to take a different view of the matters discussed.’

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Henderson Chambers, 20th February 2016

Source: www.hendersonchambers.co.uk

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Julian Assange: UN panel calls on UK and Sweden to end ‘arbitrary detention’ and compensate WikiLeaks founder – The Independent

Posted February 5th, 2016 in detention, embassies, extradition, freedom of movement, news, United Nations by tracey

‘Julian Assange must be freed from “arbitrary detention” by the UK and Sweden, the United Nations has ruled.’

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The Independent, 5th February 2016

Source: www.independent.co.uk

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Court of Appeal considers EU deportation, public revulsion and “imperative grounds” – Free Movement

‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’

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Free Movement, 6th January 2016

Source: www.freemovement.org.uk

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GMC calls for tougher powers to check European doctors’ skills – The Guardian

‘EU rules governing the checks that UK authorities can make on doctors still have major weaknesses seven years after a patient safety scandal revealed catastrophic flaws in the system, according to Britain’s medical regulator.’

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The Guardian, 17th November 2015

Source: www.guardian.co.uk

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Visit visa refusals: appeal or judicial review? – Free Movement

Posted May 12th, 2015 in appeals, families, freedom of movement, judicial review, news, visas by tracey

‘The removal of full rights of appeal for family visit visas has led to a legal dilemma to those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or should they launch an application for judicial review? The problem seems all the more acute with many reports of refusals to spouses or relatives who cannot meet the harsh family settlement rules or who would rather live abroad but still want to be able to visit their spouse’s friends and family in the UK.’

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Free Movement, 12th May 2015

Source: www.freemovement.org.uk

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Conservative manifesto commitments on immigration, the EU and human rights – Free Movement

‘Standing at the door to No 10, David Cameron stated that he would form a majority government and implement the Conservative Party manifesto “in full”. The moderating influence of the Liberal Democrats has been extinguished. The nationalist isolationism of the Scots and the SNP renders them irrelevant in UK politics for the next five years. Meanwhile, the disaffected UKIP vote wounded Labour, not the Conservatives, piling pressure on the next Labour leader to address UKIP concerns more directly than Ed Miliband. What does all this mean for immigration law over the next five years?’

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Free Movement, 8th May 2015

Source: www.freemovement.org.uk

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