Court of Appeal on credibility, standard of proof and appellate court’s role – EIN Blog

Posted June 8th, 2023 in appeals, asylum, news, standard of proof, tribunals by tracey

‘MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 (28 February 2023). The central issue in this appeal was whether the Upper Tribunal was entitled to reach the conclusion that the appellant’s claim for international protection failed because of his lack of credibility.’

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EIN Blog, 7th June 2023

Source: www.ein.org.uk

Strasbourg ‘had no jurisdiction’ to block Rwanda flight – Law Society’s Gazette

Posted June 6th, 2023 in airlines, asylum, deportation, human rights, jurisdiction, news, Rwanda by sally

‘Interim measures by the European Court of Human Rights including the one stopping deportation flights to Rwanda are not binding on governments, human rights law experts claim in a report published by a centre-right thinktank today. Rule 39 and the Rule of Law, published by Policy Exchange’s Judicial Power Project, concludes that the Strasbourg court’s “rule 39” procedure was never approved by member states and that the government should challenge its lawfulness “robustly”.’

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Law Society's Gazette, 5th June 2023

Source: www.lawgazette.co.uk

Home Office faces legal claims over seizure of asylum seekers’ phones – The Guardian

‘The Home Office faces a wave of legal claims after the UK’s surveillance watchdog found a blanket policy of seizing thousands of asylum seekers’ mobile phones caused “significant harm”.’

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The Guardian, 4th June 2023

Source: www.theguardian.com

Fresh judicial review challenge on horizon over Home Office asylum accommodation site – Local Government Lawyer

‘The Home Office could be subject to a fresh judicial review over its plans to house asylum seekers on former military sites across the country after an East Sussex resident reached a crowdfunding goal to challenge plans to move people into a disused prison.’

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Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk

Stephen Tierney and Alison L. Young: The House of Lords Constitution Committee Reports on the Illegal Migration Bill – UK Constitutional Law Association

‘The Constitution Committee has released its report on the Illegal Migration Bill 2022-23. The Committee raises a number of concerns, including its potential impact on the rule of law, human rights, devolution, delegated powers, and parliamentary scrutiny. We await the report of the Joint Committee on Human Rights which will most likely comment in more detail on the implications of the Bill for the United Kingdom’s international obligations.’

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UK Constitutional Law Association, 23rd May 2023

Source: ukconstitutionallaw.org

UK crime agency to pursue up to 100 lawyers accused of helping traffickers – The Guardian

‘The National Crime Agency is preparing to pursue up to 100 lawyers it believes are helping traffickers abuse modern slavery laws to secure asylum for people entering the UK.’

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The Guardian, 18th May 2023

Source: www.theguardian.com

The UK vs the ECtHR: Anatomy of A Politically Engineered Collision Course – EIN Blog

‘In recent months, the UK government has tabled two Bills before Parliament which would have the consequence – and almost certainly have the intention – of setting the UK on a collision course with the Council of Europe, and especially the European Court of Human Rights (ECtHR). Both the Bill of Rights Bill and the Illegal Migration Bill, introduced on 22 June 2022 and 7 March 2023 respectively, contain provisions that openly flout the UK’s obligations under the European Convention on Human Rights (ECHR). While the former is currently in parliamentary limbo, the Illegal Migration Bill will probably become law, following extensive amendment by the House of Lords, which will debate it on 10 May.’

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EIN Blog, 9th May 2023

Source: www.ein.org.uk

Suella Braverman’s claims modern slavery laws are being abused questioned by Home Office’s own report – The Independent

‘A Home Office report has raised fresh questions about Suella Braverman’s claims that modern slavery laws are being “abused” by small boat migrants.’

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The Independent, 4th May 2023

Source: www.independent.co.uk

Military sites and asylum seeker accommodation – Local Government Lawyer

‘The High Court recently struck out an application by a council for an injunction to prevent the use of an airfield for asylum accommodation. Paul Brown KC, Nick Grant and Rebecca Sage explain why.’

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Local Government Lawyer, 28th April 2023

Source: www.localgovernmentlawyer.co.uk

MPs back illegal migration bill by 289 votes to 230 – The Guardian

Posted April 27th, 2023 in asylum, bills, deportation, news, refugees, trafficking in human beings, treaties by sally

‘The government’s flagship asylum bill passed its third reading in the Commons on Wednesday night and will now go to the Lords despite criticism from several leading Conservatives including Theresa May.’

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The Guardian, 26th April 2023

Source: www.theguardian.com

Illegal Migration Bill risks breaching human rights obligations, watchdog warns – BBC News

Posted April 25th, 2023 in asylum, deportation, human rights, immigration, international law, news by sally

‘Plans aimed at stopping people crossing the Channel in small boats risk breaching the UK’s human rights obligations, a watchdog has warned.’

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BBC News, 24th April 2023

Source: www.bbc.co.uk

Hundreds of UK asylum seeker children wrongly treated as adults, report shows – The Guardian

Posted April 25th, 2023 in asylum, children, local government, news, reports, social services by sally

‘Hundreds of asylum seeker children are wrongly being treated as adults by the Home Office, according to data from dozens of local authorities.’

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The Guardian, 24th April 2023

Source: www.theguardian.com

Rwanda legal battle back in court as judges reconsider whether scheme is lawful – The Independent

‘The next stage of the legal battle over the Rwanda deal will begin today, with the Court of Appeal to reconsider if it is safe to send asylum seekers to the country.’

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The Independent, 24th April 2023

Source: www.independent.co.uk

Ministers say UK will only detain child refugees in ‘exceptional circumstances’ – The Guardian

‘Ministers have pledged to only detain refugee children in “exceptional circumstances” under a new asylum bill after threats of a rebellion from backbench Conservative MPs.’

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The Guardian, 24th April 2023

Source: www.theguardian.com

Ignoring ECHR orders would threaten rule of law, legal figures warn – The Independent

‘Any move to allow ministers to ignore European Court of Human Rights orders stopping the removal of migrants would undermine the rule of law, senior legal figures have warned.’

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The Independent, 20th April 2023

Source: www.independent.co.uk

UK deportation centre used force 18 times to stop self-harm last year, figures show – The Guardian

Posted April 20th, 2023 in asylum, detention, news, self-harm, suicide by sally

‘Asylum seekers awaiting deportation at a detention centre were physically prevented from taking their own lives or self-harming on 18 occasions last year, detailed official accounts show.’

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The Guardian, 19th April 2023

Source: www.theguardian.com

First-Tier Tribunal Finds Jamiyate Ulamaye Islam and Hefazat-e-Islam Activist in the UK at Risk of Persecution in Bangladesh – EIN Blog

Posted April 20th, 2023 in appeals, asylum, Bangladesh, news, political parties, refugees, tribunals by sally

‘A recent Immigration and Asylum First-tier Tribunal appeal involving a Bangladeshi political activist has highlighted the dangers faced by opposition figures in the country and the importance of providing asylum to those in need of protection. According to the UNHCR Global Trends Report 2021, there are currently 26 million refugees worldwide, with more than 80% hosted in developing countries.’

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EIN Blog, 19th April 2023

Source: www.ein.org.uk

Teenager sentenced for throwing fireworks at police at Merseyside asylum protest – The Guardian

‘A teenager who threw lit fireworks at police officers during a “shameful” protest outside a hotel used to house asylum seekers has been sentenced to three years’ detention.’

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The Guardian, 18th April 2023

Source: www.theguardian.com

Can the government’s immigration bill succeed? – EIN Blog

Posted April 18th, 2023 in asylum, bills, deportation, international law, news by sally

‘The government’s rhetoric surrounding its plans to prevent asylum seekers crossing the Channel suggest their implementation will be simple. Yet Matilde Rosina and Oula Kadhum identify several important challenges that will have to be overcome first and assess the broader impact and human cost of pushing forward unworkable proposals for the sake of scoring political points at home.’

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EIN Blog, 17th April 2023

Source: www.ein.org.uk

Afghan children and their families abandoned in remote hotels following High Court ruling – Garden Court Chambers

‘Afghan families remain trapped in remote hotels following today’s High Court ruling that the Home Secretary did not act unlawfully by moving them from a London hotel to hotels in a city in the north of England. The move significantly disrupted the children’s education and adults’ employment. Following the judgment, the families remain in temporary accommodation and at risk of further moves, as the Home Office has failed to secure the settled accommodation it promised. The families have been stuck in hotels for over one and a half years since being evacuated from Afghanistan in August 2021.’

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Garden Court Chambers, 24th March 2023

Source: www.gardencourtchambers.co.uk