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Migration, Citizenship, and Free Movement

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The Italy-Albania Protocol on collaboration on migration matters: externalisation and non-refoulement
October 27, 2025October 27, 2025Adrian Berry

The Italy-Albania Protocol on collaboration on migration matters: externalisation and non-refoulement

The role of Article 3 and Article 8 ECHR in UK immigration policy
September 25, 2025September 25, 2025Adrian Berry

The role of Article 3 and Article 8 ECHR in UK immigration policy

The ECHR and United Kingdom international relations
September 11, 2025September 11, 2025Adrian Berry

The ECHR and United Kingdom international relations

The immigration status-based civil penalty employment scheme is to be extended beyond employment cases to other work characterised as self-employment. Businesses securing services from individuals by way of sub-contracting, agency work, or in the gig economy need to be prepared.
August 27, 2025August 27, 2025Adrian Berry

Immigration Civil Penalty Employment Scheme to be extended to Sub-contractors, Agency Workers and the Gig Economy (Border Security, Immigration and Asylum Bill 2025)

The United Kingdom’s Labour government has defined its approach to international law as it applies in the context of UK foreign policy. It is called ‘progressive realism’.
June 17, 2025June 18, 2025Adrian Berry

Progressive Realism: Labour’s approach to international law and foreign policy

Home Office policy of pausing EUSS applications where there is a pending prosecution ruled unlawful
July 9, 2024July 10, 2024Adrian Berry

Home Office policy of pausing EUSS applications where there is a pending prosecution ruled unlawful

The Safety of Rwanda (Asylum and Immigration) Bill in Reality
March 20, 2024March 24, 2024Adrian Berry

The Safety of Rwanda (Asylum and Immigration) Bill in Reality

The Interim Remedies clause was omitted from the Illegal Migration Bill in a vote on an amendment in the House of Lords at Report stage. To uphold the constitutional principle of the rule of law, the Lords must resist its re-inclusion into the Bill by the Commons.
July 12, 2023July 12, 2023Adrian Berry

The Illegal Migration Bill: the Interim Remedies clause and the Rule of Law

The Illegal Migration Bill: Lessons from Privy Council Commonwealth cases on the Separation of Powers principle
June 2, 2023June 2, 2023Adrian Berry

The Illegal Migration Bill: Lessons from Privy Council Commonwealth cases on the Separation of Powers principle

Much has been said about the incompatibility of provisions in the Illegal Migration Bill with the treaty-based rights of asylum seekers looking to secure Refugee status. Too little has been said about the way in which the Bill’s provisions interfere with the role of judges as the judicial branch of government.
May 23, 2023May 23, 2023Adrian Berry

The Illegal Migration Bill: Breach of the Separation of Powers principle

The Illegal Migration Bill contains provisions, the use of which would frustrate the effect of interim measures from the European Court of Human Rights (ECtHR) in Strasbourg. In practice this means that such interim measures would have limited or perhaps no legal effect in stopping the Home Secretary removing from the UK persons subject to immigration control, including those seeking asylum. This is no need for this measure.
April 1, 2023April 1, 2023Adrian Berry

The Illegal Migration Bill: Interim Measures from the European Court of Human Rights

The Windrush generation who came to the UK as children prior to 1 January 1973 often have problems proving their UK arrival, and thereafter status prior to that date, when seeking to regularise their status in the UK or when seeking compensation under the Windrush Compensation Scheme for ill-treatment at the hands of the Home Office. Some of these problems are specific to their status as minor children on arrival and thereafter when in-country. As such, they deserve discrete consideration. The most problem important is tracing status against the development of UK immigration control of Commonwealth citizens from 1962 onwards.
March 24, 2023March 24, 2023Adrian Berry

Windrush: Commonwealth Citizen children arriving in the UK prior to 1973

Illegal Migration Bill: Entry, Settlement, and Citizenship
March 20, 2023March 20, 2023Adrian Berry

Entry, Settlement, and Citizenship in the Illegal Migration Bill

The past was a different place. People did things differently. Even the Home Secretary. That matters when members of the Windrush generation seek to regularise their status or seek compensation for past wrongs. There is a common mistake at large that when a person left the UK for more than two years, their indefinite leave lapsed. That might be true today but it was not always true in the past.
March 10, 2023March 10, 2023Adrian Berry

Windrush: Leaving the UK before 2000, the problem of Lapsing Leave

Human Rights at Sea: Italian Lessons for the UK on Jurisdiction in A.S., D.I., O.I. and G.D. v Italy
January 16, 2022January 17, 2022Adrian Berry

Human Rights at Sea: Italian Lessons for the UK on Jurisdiction in A.S., D.I., O.I. and G.D. v Italy

Age Assessments
December 8, 2021December 8, 2021Adrian Berry

Age Assessment Provisions in the Nationality and Borders Bill

Removing Asylum-Seekers under the Nationality and Borders Bill: the Legal Foundation for Off-shore Processing
October 21, 2021October 21, 2021Adrian Berry

Removing Asylum-Seekers under the Nationality and Borders Bill: the Legal Foundation for Off-shore Processing

3rd Country Rules on the Inadmissibility of Asylum Claims in the Nationality and Borders Bill
October 20, 2021October 20, 2021Adrian Berry

3rd Country Rules on the Inadmissibility of Asylum Claims in the Nationality and Borders Bill

The Home Office Rejects the Duty of Rescue by Proposing Amendments to its Nationality and Borders Bill
October 17, 2021October 19, 2021Adrian Berry

The Home Office Rejects the Duty of Rescue by Proposing Amendments to its Nationality and Borders Bill

Migrant Injustice: The ‘Cart’ Judicial Review Proposal in the Judicial Review and Courts Bill
October 16, 2021October 16, 2021Adrian Berry

Migrant Injustice: The ‘Cart’ Judicial Review Proposal in the Judicial Review and Courts Bill

Crimes of Arrival in the Nationality and Borders Bill
October 5, 2021October 22, 2021Adrian Berry

Crimes of Arrival in the Nationality and Borders Bill

The Prohibition on Making Asylum Claims in UK Territorial Waters in the Nationality and Borders Bill
September 29, 2021September 29, 2021Adrian Berry

The Prohibition on Making Asylum Claims in UK Territorial Waters in the Nationality and Borders Bill 

Nationality and Borders Bill: ILPA's evidence to the House of Commons Public Bill Committee
September 24, 2021September 24, 2021Adrian Berry

Nationality and Borders Bill: ILPA’s evidence to the House of Commons Public Bill Committee

Lawyers under Pressure: Costs Orders and Charge Orders in the Nationality and Borders Bill
September 21, 2021September 21, 2021Adrian Berry

Lawyers under Pressure: Costs Orders and Charge Orders in the Nationality and Borders Bill

Priority Removal Notices: The Return of the Ouster Clause in the Nationality and Borders Bill
September 19, 2021September 20, 2021Adrian Berry

Priority Removal Notices: The Return of the Ouster Clause in the Nationality and Borders Bill

International Legal Obligations that Cut Across UK Maritime Enforcement Provisions in the Nationality and Borders Bill
September 16, 2021September 16, 2021Adrian Berry

International Legal Obligations that Cut Across UK Maritime Enforcement Provisions in the Nationality and Borders Bill

In the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders Bill
September 15, 2021September 15, 2021Adrian Berry

In the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders Bill

Equal Treatment, Social Security, and Human Rights: Learning from O.D. and others v Istituto nazionale della previdenza sociale (INPS)
September 11, 2021September 11, 2021Adrian Berry

Equal Treatment, Social Security, and Human Rights: Learning from O.D. and others v Istituto nazionale della previdenza sociale (INPS)

A passport order can be made at certain points in civil litigation. A litigant may be forced to surrender their passport, so as to prevent them from leaving the UK. But what happens if they then overstay any immigration permission to remain in the UK as they are unable to travel? Might they be prosecuted for an immigration-related criminal offence? And what about the impact of such a restriction on their liberty and movement? Is there a violation of their fundamental rights?
September 6, 2021September 6, 2021Adrian Berry

Passport Orders in Civil Litigation: Consequences for Immigration Control and Human Rights

Lessons from Italy: The Detention of Irregular Migrants and their Human Rights during the COVID pandemic
June 14, 2021June 14, 2021Adrian Berry

Lessons from Italy: The Detention of Irregular Migrants and their Human Rights during the COVID pandemic

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