New family returns process begins

28 February 2011

A radical new process for managing the return of families found to have no right to be in the UK starts today.

A new Independent Family Returns Panel is 1 part of a wider, updated approach to managing family returns. The new 4-stage process aims to return those with no right to remain in the UK with dignity, ensuring the welfare of children at all times. Continue reading “New family returns process begins”

Family proceedings and immigration cases

An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings – discretionary leave) Morocco [2010] UKUT 439 (IAC) (28 September 2010). In it, the Upper Tribunal confirmed the currency of the earlier Court of Appeal of MS (Ivory Coast) v Secretary of State for the Home Department [2007] EWCA Civ 133 and held that where there are ongoing family proceedings involving children, an immigrant should be granted a period of Discretionary Leave. Once the outcome of the family proceedings is known this then enables the immigrant to apply under paragraph 248A of the Immigration Rules if such an application is justified by the outcome of the family case. Continue reading “Family proceedings and immigration cases”