Goldsmith Chambers
8 Experts
8 Contributions by Goldsmith Chambers Experts
PRACTICE NOTES
Undocumented migrants claiming to be children
While this Practice Note is not confined to unaccompanied asylum-seeking (UAS) children, they are the cohort a practitioner will most commonly encounter routinely in practice.
Other situations that a practitioner may meet include the following:
where a child is deserted yet makes no asylum claim at all; or
where the age of a dependent child of an asylum seeker is in question
Reaching an incorrect conclusion about a young person’s age is a serious matter with significant consequences...
Local Government
PRACTICE NOTES
Claim for asylum
A claim for asylum is an application made by someone outside their state of nationality or usual residence who contends that being forced back would constitute refoulement, ie it would violate the UK's duties under the 1951 Refugee Convention by returning them to a place where they face a genuine risk of persecution. Asylum claims frequently overlap with requests for humanitarian protection. An asylum claim also encompasses a claim under Article 3 of the European Convention on Human Rights (ECHR) where the applicant asserts that, if removed to their country of origin, they would be tortured or exposed to inhuman or degrading treatment or punishment. See Practice Note: Dealing with a human rights challenge. From 6 April 2015, the right to bring an in-country appeal against refusal of an asylum claim arises under section 82(1)(a) of the
Local Government
PRACTICE NOTES
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
Immigration
PRACTICE NOTES
Practice Note
Although this Practice Note is not confined to unaccompanied asylum-seeking (UAS) children, they are the group a practitioner is most likely to meet quite often in practice.
Other situations can arise, for example:
a child who has been abandoned but does not lodge an asylum claim;
a dispute about the age of a dependent child of any asylum seeker.
The material in this Practice Note concerns the law currently in force in England. In Wales, this field is governed by the Social Services and Well-being (Wales) Act 2014 and associated statutory instruments.
This Practice Note does not attempt to detail every obligation owed by the local authority (LA) to a child because they are looked after by the LA. For those obligations, see Practice Note: Local authority duties towards children looked after by them. However, the key duties are addressed here.
An application for asylum also includes a claim under
Local Government
PRACTICE NOTES
This Practice Note sets out an overview of the principal stages in pursuing an appeal before the First-tier Tribunal (Immigration and Asylum Chamber). The content reflects a typical, standard appeal and may not address every possible circumstance, and it does not purport to be exhaustive. Detailed guidance on filing an appeal to the First-tier Tribunal, including applicable fees, is provided in the Practice Note: Submitting an immigration appeal to the First-tier Tribunal (IAC). For a discussion of various practical considerations when preparing an appeal to the First-tier Tribunal, consult Practice Note: Preparing for an immigration appeal to the First-tier Tribunal (IAC).
Procedural requirements: sources
The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (Procedure Rules), SI 2014/2604, which came into effect on 20 October 2014, operate as the procedural code for the Immigration and Asylum Chamber of the First-tier Tribunal. These Rules are
Immigration
PRACTICE NOTES
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
Local Government
PRACTICE NOTES
This Practice Note
It explores the hands-on issues involved in handling an illegal working civil penalty for an employer. It addresses key triggers for a civil penalty and explains the process for issuing, paying, and contesting such penalties. It outlines what events can trigger enforcement action and sets out how notices are served, how liabilities are settled, and how objections or appeals can be pursued. It is intended for employers dealing with such matters in practice. Under section 15 of the Immigration, Asylum and Nationality Act 2006 (IANA 2006), employers can be fined for employing adults who are subject to immigration control unlawfully. Notably, on 13 February 2024 the cap for repeat offences was increased threefold from £20,000 to £60,000, and a revised associated statutory code of practice commenced the same day. At that point, the first-breach maximum also rose three times over, moving from
Immigration
PRECEDENTS
In the First-tier Tribunal (Immigration and Asylum Chamber)
Appeal No: XXXAPPLICANT NAME – AppellantANDSECRETARY OF STATE FOR THE HOME DEPARTMENT
Application for costs under 9 (2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604
1 Introduction
This application is brought pursuant to paragraph 9 (2) (b) of The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604. The appellant seeks a costs order on the basis that the respondent has behaved unreasonably in the conduct of these proceedings.
2
This application has been made in-time, within 28 days of the date of [ insert relevant event or decision ] and has been served on the respondent.
3 Background
The appellant is pursuing an appeal against a refusal of her human rights claim. A’s claim was refused on [ insert date ] and an appeal was submitted on [ insert date ]. The
Immigration
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