EU Regulations and Incapacity – Permanent Residence Application Refusal

By on February 20, 2018

We acted for an Algerian national who applied for a permanent residence card as confirmation of his right of permanent residence under the European Community law, as the husband of a French national.  The interesting element of it was that the EA national was a self-employed person, a worker, and a temporarily incapacitated person for the purpose of the relevant continuous period of five years relied upon.  The Home Office refused this application, stating that the husband failed to provide evidence that his wife had been engaged in economic activity as a self-employed person from April 2008 to October 2009 and was not satisfied that adequate evidence had been submitted to demonstrate that his wife had been temporarily incapacitated since September 2010. ...

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Home Office delivery of Brexit: immigration

By on February 20, 2018

The Home Affairs Committee concluded that the Government delays, uncertainty and under-resourcing leave the Borders and Immigration System unprepared for Brexit. The report which was published on 14th February 2018 by the Home Affairs Committee criticised the delay to the Immigration White paper and warns of serious problems for Immigration Service delivery and Border Security, as a result of lack of decisions, proper planning or sufficient resources. It raises serious questions about the Home Office’s ability to implement the system and the staffing required to deliver the proposed Brexit changes. The Committee heard the evidence of Danielle Cohen of Danielle Cohen Immigration Solicitors on 10th October 2017....

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Children’s Rights post-Brexit 2018

By on February 14, 2018

The Committee stage of the EU withdrawal bill will take place on 21st February 2018.  The Children’s Society has produced a briefing ahead of the Committee on the protection and promotion of children’s rights and Danielle Cohen Solicitors have endorsed and supported these briefings.  As our readers will know, by withdrawing from the European Union, the framework of human rights will also be withdrawn from.  These are the rights that ensure that children are protected.  The withdrawal Bill intends to bring existing EU legislation into UK law and Danielle Cohen Solicitors have endorsed the efforts of the Children’s Society, together with other organisations, protecting children’s rights and asking Parliament that the fundamental rights of children are not diluted.  As the Bill currently stands, the UK will no longer be party to the EU Charter of Fundamental Rights and children will not automatically benefit from the rights protections that currently exist whilst the UK is still in Europe....

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Still Human, Still Here: Sexuality-Based Asylum Application Success

By on January 5, 2018


We represented an Appellant from Pakistan who was refused an asylum application on the basis of her being a lesbian. She claimed asylum in 2017 and came to us after her application was refused. We argued that the Appellant’s account was coherent and authentic and that she gave a clear account of her self-realisation of her identity as a lesbian. We made reference to the UNHCR guidance of sexual orientation claims, and that her experience and her cultural background explained her delay in claiming asylum. We argued that weight should be given to supporting letters and documentation and we argued that she would be at risk in Pakistan as a gay woman and could not relocate within Pakistan. We argued that there is no public interest in maintaining the refusal. ...

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One adoptive parent or two?

By on December 22, 2017

We have represented a Nigerian national child born in 2015. The person who was claiming to be her adoptive parent was a dual British/Nigerian national who is married to a British national man. As a result of his work the couple lived in Nigeria for a spell and then moved to Bulgaria and then to the UK. The husband and wife returned to Nigeria, but from 2010 onwards the mother began visiting Nigeria more frequently and over time decided to move back to Nigeria and engage in business opportunities there. During the time in Nigeria she began visiting orphanages. She had no children of her own and no realistic prospects of having children with her husband. In December 2014 she visited a particular orphanage and eventually decided to foster a baby girl. The child went to live with the mother in April 2015 and has continued to do so ever since....

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