‘The government has suffered five defeats on its Brexit deal in the space of 24 hours in the House of Lords, with the heaviest defeat in a vote to restore the right of unaccompanied child refugees to be reunited with their families in the UK after Brexit.’
The Guardian, 21st January 2020
Source: www.theguardian.com
‘The latest version of Withdrawal Agreement Bill (WAB) – which will write prime minister Boris Johnson’s Brexit deal into law – is being debated in the House of Lords this week.’
Each Other, 14th January 2020
Source: eachother.org.uk
‘A torture survivor from Democratic Republic of Congo (DRC) is celebrating after a Home Office U-turn allowed him to stay in the UK.’
The Guardian, 15th January 2020
Source: www.theguardian.com
‘The Home Office faces a series of legal challenges over its decision to allow Zimbabwean government officials to interview people from the country who are seeking asylum in the UK.’
The Guardian, 5th January 2020
Source: www.theguardian.com
‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’
UK Human Rights Blog, 19th December 2019
Source: ukhumanrightsblog.com
‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’
Garden Court Chambers, 27th November 2019
Source: www.gardencourtchambers.co.uk
‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’
UK Human Rights Blog, 3rd December 2019
Source: ukhumanrightsblog.com
‘Mohamed, an asylum seeker from Sudan, tells how he has been imprisoned many times since arriving in Britain in 2012.’
The Guardian, 27th November 2019
Source: www.theguardian.com
‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’
UKSC Blog, 27th November 2019
Source: ukscblog.com
‘The Home Office “falsely imprisoned” many asylum seekers who are now entitled to damages for their loss of liberty at the hands of the government, five supreme court judges have ruled.’
The Guardian, 27th November 2019
Source: www.theguardian.com
‘On 20 November 2019, the Home Office conceded in the settlement of two claims for judicial review that it had acted unlawfully in imposing a study restriction as a condition of bail on two individuals simply because they had failed in their initial asylum claims and exhausted their appeal rights. The concession has come less than a week before the substantive hearing due to be held on 26 November 2019.’
Garden Court Chambers, 21st November 2019
Source: www.gardencourtchambers.co.uk
‘TThe Home Office has agreed to review its immigration bail guidance, a law firm has said as it was preparing to challenge the government in court next week in a case concerning two asylum-seeking university students.’
Law Society's Gazette, 21st November 2019
Source: www.lawgazette.co.uk
‘Decisions on asylum applications are taking “substantially” longer than they were five years ago, data suggests. In 2014, 80% of applicants received an initial decision within six months, compared with around 25% now, according to the Migration Observatory.’
BBC News, 8th November 2019
Source: www.bbc.co.uk
‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’
Local Government Lawyer, 1st November 2019
Source: www.localgovernmentlawyer.co.uk
‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. R (Shehab Aburas) v London Borough of Southwark [2019] EWHC 2754 (Admin) concerned an apparently stateless 58 year old Palestinian who came to the United Kingdom from Kuwait, arriving in 1996. Mt Aburas had mental health issues and had been diagnosed with bi-polar disorder and depression. He was a failed asylum-seeker without regular immigration status. Southwark determined that he was in the category ‘no recourse to public funds’ as a ‘person subject to immigration control’ for the purposes of section 21 of the Care Act 2014. He was present in the United Kingdom as a ‘person in breach of immigration control’ for the purposes of Schedule 3 paragraphs 1 and 7(1)(a) to the Nationality Immigration and Asylum Act 2002. He faced barriers to a proposed removal to Kuwait.’
Community Care Blog, 23rd October 2019
Source: communitycare11kbw.com
‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’
Nearly Legal, 13th October 2019
Source: nearlylegal.co.uk
‘There is no jurisdiction for a family court to make a FGM (female genital mutilation) protection order against the Home Secretary to control the exercise of her jurisdiction with respect to matters of immigration and asylum, the President of the Family Division has concluded.’
Local Government Lawyer, 30th September 2019
Source: www.localgovernmentlawyer.co.uk
‘The Home Office is to be challenged in court over its practice of inviting foreign government representatives to interview political asylum seekers after The Independent exposed the “corrupt” exercise.’
Independent, 30th September 2019
Source: www.independent.co.uk
‘A British court has said it has no power to stop the deportation of a 10-year-old girl at risk of female genital mutilation (FGM) after authorities rejected her mother’s asylum application.’
The Guardian, 25th September 2019
Source: www.theguardian.com
‘An Ethiopian woman who was denied potentially life-saving cancer treatment for six weeks amid confusion about whether she should be charged by the NHS has died aged 39.’
The Guardian, 19th September 2019
Source: www.theguardian.com
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