Human dignity in a time of austerity: the Rule of Law as a counterpoint to the hostile environment for migrants – Garden Court Chambers

Posted December 12th, 2018 in asylum, budgets, human rights, immigration, news, rule of law by sally

‘Garden Court Chambers’ Amanda Weston QC delivered the plenary speech at our inaugural Migrant Support Conference with Legal Action Group (LAG) on 28 November 2018.’

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Garden Court Chambers, 3rd December 2018

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Dublin returns to Italy give rise to an arguable breach of Article 3 ECHR – Garden Court Chambers

Posted December 12th, 2018 in asylum, EC law, human rights, judicial review, mental health, news by sally

‘Judgment in the test case of SM & Ors v SSHD was handed down by the Upper Tribunal on 4 December 2018. The Tribunal quashed the decision to certify SM and RK’s human rights claims as “clearly unfounded” on the basis that their particular vulnerability, combined with the latest evidence of profound problems with the Italian reception system meant that that the Secretary of State should either exercise the discretion to consider their claims here or obtain an assurance that they would be provided with appropriate accommodation. The evidence before the Tribunal predated the latest Italian government’s anti-migrant policies.’

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Garden Court Chambers, 4th December 2018

Source: www.gardencourtchambers.co.uk

Upper Tribunal Rules Home Office’s Removal of Disputed Minor to Germany Unlawful and Orders his Return to UK – Garden Court Chambers

Posted December 12th, 2018 in asylum, children, EC law, judicial review, mental health, news by sally

‘Following a hearing that took place on 11 October 2018, Mr Justice William Davis, a High Court Judge sitting in the Upper Tribunal, ruled that the Home Office unlawfully removed ‘QH’, an exceptionally vulnerable young Afghan male, to Germany. As a result, the Court has today ordered the Home Office to take steps to return QH to the UK so that his asylum claim can be decided here.’

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Garden Court Chambers, 4th December 2018

Source: www.gardencourtchambers.co.uk

City to contest cases where asylum seeker assessed as adult threatens legal action – Local Government Lawyer

Posted December 11th, 2018 in asylum, budgets, children, immigration, judicial review, local government, news by sally

‘Liverpool City Council is to contest the next cases in which apparently adult asylum seekers claim to be children, in the face of a potential £1.5m cost for looking after them.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Home Office unlawfully removed child asylum seeker from UK, High Court rules – The Independent

‘The Home Office unlawfully removed a child asylum seeker from the UK and has been ordered to arrange his return in a landmark High Court ruling.’

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The Independent, 6th December 2018

Source: www.independent.co.uk

Asylum seekers ‘too afraid’ to seek NHS care, report says – The Guardian

Posted November 29th, 2018 in asylum, data protection, health, human rights, immigration, news, ombudsmen by tracey

‘Asylum seekers who need NHS care have been left in “considerable fear” because of the government’s “hostile environment” policies, according to the human rights watchdog.
In a highly critical report the Equality and Human Rights Commission (EHRC) says people have gone without medical help since ministers forced the NHS in England to impose upfront charges to access care last year.’

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The Guardian, 28th November 2018

Source: www.theguardian.com

Home Office cuts to modern slavery victims’ benefits are unlawful, High Court rules – The Independent

Posted November 9th, 2018 in asylum, benefits, government departments, news, trafficking in human beings by tracey

‘A government decision to slash financial support for modern slavery victims has been ruled unlawful by the High Court.’

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The Independent, 22nd November 2018

Source: www.independent.co.uk

Split Court of Appeal rules detention of asylum seekers unlawful — Part 1 – UK Human Rights Blog

Posted October 18th, 2018 in asylum, detention, EC law, news by sally

‘The Court of Appeal has concluded, by a 2-1 majority, that the detention of five asylum seekers pending their removal to another country where they should first have claimed asylum had been unlawful, and that they were entitled to damages. This article (the first of two) will unpick the reasons behind this legally complex appeal.’

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UK Human Rights Blog, 17th October 2018

Source: ukhumanrightsblog.com

Rejection of unaccompanied asylum seeking children unlawful for lack of reasons – Court of Appeal – UK Human Rights Blog

‘Help Refugees Ltd, R (on the application of) v Secretary of State for the Home Secretary [2018] EWCA Civ 2098. This was an appeal by Help Refugees Ltd against the refusal of its application for judicial review of the secretary of state’s consultation process regarding the relocation of unaccompanied asylum-seeking children under Section 67 of the Immigration Act 2016.’

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UK Human Rights Blog, 4th October 2018

Source: ukhumanrightsblog.com

UK asylum seekers may have been detained unlawfully, rules court – The Guardian

Posted October 5th, 2018 in appeals, asylum, detention, false imprisonment, immigration, news, time limits by tracey

‘Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled.’

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The Guardian, 4th October 2018

Source: www.theguardian.com

UK asylum seekers refused housing over ‘social cohesion issues’ – The Guardian

Posted September 27th, 2018 in asylum, detention, housing, immigration, news, race discrimination, refugees by tracey

‘Details of the ban emerged in a note from the Home Office to an asylum seeker’s solicitor, in which the department said that it had an agreement with local authorities in that region not to house any “foreign nationals with known criminality”.’

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The Guardian, 27th September 2018

Source: www.theguardian.com

Revealed: asylum seekers’ 20-year wait for Home Office ruling – The Guardian

Posted August 20th, 2018 in asylum, delay, news by sally

‘The Home Office has left some people waiting more than 20 years for decisions on their asylum claims, according to data obtained exclusively by the Guardian, in delays charities say are unacceptable and “utterly barbaric”.’

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The Guardian, 17th August 2018

Source: www.theguardian.com

UK ‘Refusing Asylum To More Ex-Child Slaves Despite Safety Fears’ – Rights Info

Posted August 16th, 2018 in asylum, children, deportation, news, trafficking in human beings, young persons by sally

‘Many teenage survivors of modern slavery are being sent back to nations where they have no relatives and are again at risk of being targeted by traffickers, according to new data.’

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Rights Info, 15th August 2018

Source: rightsinfo.org

County council right not to treat man as asylum seeker: High Court – Local Government Lawyer

Posted August 3rd, 2018 in asylum, children, human rights, local government, news by tracey

‘Kent County Council was right not to treat a man as an asylum seeker when he had made fresh representations on his case but the government had yet to decide on these, the High Court has found.’

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Local Government Lawyer, 3rd August 2018

Source: www.localgovernmentlawyer.co.uk

DNA tests on asylum seekers dubious in law, Home Office admits – The Guardian

Posted July 20th, 2018 in asylum, children, DNA, families, news by tracey

‘Asylum seekers who were subjected to DNA swabs to prove their origins may be able to sue the government after the Home Office admitted the lawful basis for taking those samples was “dubious”.’

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The Guardian, 19th July 2018

Source: www.theguardian.com

Gay asylum seeker faces deportation from UK to Nigeria – The Guardian

Posted June 11th, 2018 in asylum, deportation, homosexuality, news by sally

‘A Nigerian asylum seeker who fled to Britain to escape prosecution for being gay is facing deportation after being held for six months in an immigration detention centre.’

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The Guardian, 11th June 2018

Source: www.theguardian.com

Dozens of MPs and 80,000 members of public urge Home Office to reverse decision to refuse child slavery victim asylum – The Independent

Posted April 10th, 2018 in asylum, children, news, trafficking in human beings, victims by tracey

‘Dozens of MPs and more than 80,000 members of the public have urged the Home Office to reconsider its decision to refuse asylum to a child slavery victim which would see him forced to return to the country from which he was trafficked.’

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The Independent, 10th April 2018

Source: www.independent.co.uk

Home Office subcontractors force asylum seekers to share bedrooms in breach of council policy – The Independent

Posted March 23rd, 2018 in asylum, contracting out, housing, news by tracey

‘A company subcontracted by the Home Office to run housing for asylum seekers is continuing to force residents to share bedrooms despite the local council banning the practice.
Newcastle City Council banned forced bedroom sharing, which sees unrelated asylum-seeking adults forced to share bedrooms with one another, in March 2017 following widespread public outcry.’

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The Independent, 23rd March 2018

Source: www.independent.co.uk

‘Criminalised, detained, deported’: UK accused of failing trafficked children – The Guardian

Posted February 8th, 2018 in asylum, children, deportation, detention, news, trafficking in human beings, victims by tracey

‘Child trafficking victims deported back to Vietnam by the British government face the risk of being retrafficked and further exploited, lawyers and child protection groups have warned.’

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The Guardian, 7th February 2018

Source: www.theguardian.com

Home Office urged to reverse ‘grotesque’ decision to send child slavery victim back to country he was trafficked from – The Independent

Posted February 1st, 2018 in asylum, children, deportation, news, trafficking in human beings, victims by tracey

‘The Home Office is being urged by leading charities to reverse its decision to refuse asylum to a child slavery victim which would see him forced to return to the country from which he was trafficked.’

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The Independent, 1st February 2018

Source: www.independent.co.uk