Frances Allen

Goldsmith Chambers

Frances is a specialist in immigration, human rights and asylum law and has advised, drafted grounds and represented at all levels including public direct access.

Frances has presented lectures to practitioners and specialist groups and was a member of the fact-finding mission sent by the Parliamentary Human Rights Group to Pakistan in October 2006. The team's report, entitled Parliamentary Human Rights Group Report: "Rabwah: A place for Martyrs", formed the basis for the AIT's country guidance case of IA and Others (Ahmadis: Rabwah) Pakistan CG [2007] UKAIT 00088.

Practice Areas

Panel

Contributing Author

Qualified Year

1995

Education

Bar Vocational Course (ICSL), CPE (City), BSc Zoology (KCL)

2 Contributions by Frances Allen

PRACTICE NOTES

Child dependants under the UK Immigration Rules (Appendix Children and Part 8): sole responsibility, serious and compelling reasons, evidence, safeguarding and key case law

The following alternative requirements apply to numerous applications under the Immigration Rules that involve children: sole responsibility, and serious and compelling family or other considerations which make exclusion of the child undesirable, and suitable arrangements have been made for the child’s care These provisions are ordinarily engaged only where, after a grant of leave, the child will live in the UK with a single parent (unless the other parent has died). In the context of serious and compelling considerations, they also cover situations where a child is coming to join one parent or, under the Immigration Rules, Part 8, para 297, a relative who is not a parent. In short, these criteria are primarily aimed at cases where a child will not be living with both parents in the UK, and where clear, adequate care arrangements exist alongside reasons showing that excluding the child would be undesirable...

Immigration

PRACTICE NOTES

Section 17 Children Act 1989 support for families without leave to remain: Schedule 3 NIAA 2002, Articles 3 and 8 ECHR and procedural protection (England and Wales)

Applicable families This Practice Note addresses circumstances in which a family with at least one child under 18 is in the UK without current leave to remain (LTR) (that is, a person within paragraph 7 of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (NIAA 2002) who is in breach of immigration law and has not made an asylum/protection claim as defined by NIAA 2002, s 82(2) (as amended)). The case of R (on the application of EAT) v Newham London Borough Council examined how a local authority (LA) should approach section 122(5)(b) of the Immigration and Asylum Act 1999, and whether there were reasonable grounds to believe a person had lodged an asylum claim that would prevent the LA from offering support. The court determined that the assessment must centre on the pertinent application and whether such a claim has been advanced, either expressly or by implication. When the family have: not applied to the Secretary of State for the Home Department (Home Secretary) to regularise their stay applied to remain in the UK on the basis of their human rights...

Local Government

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