Category: asylum

MF (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted October 16th, 2013 in appeals, asylum, deportation, families, human rights, immigration, imprisonment, law reports, proportionality, public interest by sally

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192; [2013] WLR (D) 380

“The new immigration rules, introduced by Statement of Changes in Immigration Rules (2012) (HC 194) into Statement of Changes in Immigration Rules (1994) (HC 395), which concerned the deportation of foreign criminals and the evaluation of their article 8 rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, were a complete code. Where a foreign criminal came within the provisions of paragraph 399 or 399A of HC395, as amended,, he could be entitled to leave to remain on a limited or indefinite basis on article 8 grounds, but where those paragraphs did not apply very compelling reasons, described as ‘exceptional circumstances’, would be required to outweigh the public interest in deportation.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

Abu Anas al-Libi arrest: Why was ‘most wanted’ al-Qa’ida terror suspect given UK asylum? – The Independent

Posted October 7th, 2013 in asylum, Libya, news, terrorism by sally

“Theresa May faces questions from MPs over why Britain granted asylum to one of the world’s most wanted al-Qa’ida terror suspects.”

Full story

The Independent, 7th October 2013

Source: www.independent.co.uk

Rights judges halt deportation of ‘killer monk’ – Daily Telegraph

Posted September 16th, 2013 in appeals, asylum, Bangladesh, deportation, human rights, murder, news, prisons, standards by tracey

“Ministers are facing a fresh challenge on human rights grounds to their ability to deport foreign criminals.”

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Daily Telegraph, 15th September 2013

Source: www.telegraph.co.uk

Syrian refugee jailed in UK for using false papers – The Guardian

Posted August 27th, 2013 in asylum, confiscation, Crown Prosecution Service, news, possession of false identity documents, refugees, sentencing by tracey

“Campaigners say conviction of asylum seeker for using fake papers and similar cases is abuse of immigration law.”

Full  story

The Guardian, 24th August 2013

Source: www.guardian.co.uk

Twitter Trolls, Tribunal Online (Finally), Don’t go Home – The Human Rights Roundup – UK Human Rights Blog

Posted August 19th, 2013 in asylum, fraud, human rights, immigration, internet, judicial review, Ministry of Justice, news, theft by tracey

“This week, judicial review continued to take a beating, the Home Office backed down over their ‘Go Home’ campaign and the legal implications behind the twitter threat debacle were considered. And, finally, the immigration and asylum tribunal launched a useful online search service.”

Full story

UK Human Rights Blog, 19th August 2013

Source: www.ukhumanrightsblog.com

The terrorist we can’t deport because of his human rights – Daily Telegraph

Posted August 16th, 2013 in appeals, asylum, deportation, human rights, news, terrorism by tracey

“Ministers are powerless to deport a convicted foreign terrorist who has lived in Britain for 12 years even though he has lost a long-running legal battle for refugee status.”

Full story

Daily Telegraph, 15th August 2013

Source: www.telegraph.co.uk

100 suspected war criminals living in Britain – Daily Telegraph

Posted July 30th, 2013 in asylum, immigration, news, visas, war crimes by sally

“Around 100 suspected war criminals applied for UK citizenship last year, many of whom are thought to have been living in Britain for years, it has emerged.”

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Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

BSB reviews the regulation of immigration advice and services – Bar Standards Board

Posted July 22nd, 2013 in asylum, barristers, immigration, legal services, news, quality assurance by sally

“Praise from clients for the quality of advice provided by immigration barristers is showcased by new consumer research, published today by the Bar Standards Board (BSB).”

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Bar Standards Board, 22nd July 2013

Source: www.barstandardsboard.org.uk

Morton Hall detainee held for nearly three years, report finds – BBC News

Posted July 17th, 2013 in asylum, demonstrations, detention, news, recidivists, time limits, trials by sally

“An asylum seeker has been detained for three years without trial at a Lincolnshire centre, a report reveals.”

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BBC News, 17th July 2013

Source: www.bbc.co.uk

Jimmy Mubenga: Home Office official makes qualified apology to family – The Guardian

Posted July 17th, 2013 in asylum, consultations, contracting out, death in custody, government departments, immigration, inquests, landlord & tenant, news, restraint by sally

“David Wood, the head of the Home Office’s immigration enforcement, has given a qualified apology to the family of Jimmy Mubenga, the Angolan asylum seeker who an inquest jury last week ruled was unlawfully killed by three G4S escort guards.”

Full story

The Guardian, 16th July 2013

Source: www.guardian.co.uk

Immigration backlog of 500,000 cases will take 37 years to clear, say MPs – The Guardian

Posted July 15th, 2013 in asylum, government departments, immigration, news, ombudsmen, select committees by sally

“The Home Office’s backlog of 500,000 unresolved immigration and asylum cases will not be cleared for another 37 years at current rates of progress, according to a parliamentary watchdog.”

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The Guardian, 13th July 2013

Source: www.guardian.co.uk

Judge warns against ‘hopeless’ applications to halt deportations – The Guardian

Posted July 11th, 2013 in asylum, deportation, judges, law firms, news by sally

“A leading judge has warned solicitors against making ‘hopeless’ applications to halt the deportation of failed asylum seekers “desperate not to leave this country”.”

Full story

The Guardian, 11th July 2013

Source: www.guardian.co.uk

Regina ((JB) (Jamaica)) v Secretary of State for the Home Department – WLR Daily

Posted June 28th, 2013 in appeals, asylum, damages, false imprisonment, homosexuality, immigration, judicial review, law reports by tracey

Regina ((JB) (Jamaica)) v Secretary of State for the Home Department: [2013] EWCA Civ 666;   [2013] WLR (D)  252

“Since the undisputed evidence was that homosexuals were routinely persecuted in Jamaica, the Secretary of State had acted unlawfully in designating Jamaica, under section 94(5)(a) of the Nationality, Immigration and Asylum Act 2002, as a state where there was ‘in general no serious risk of persecution of persons entitled to reside in that state.’ ”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

UKBA failed to pursue missing asylum seeker leads – The Independent

Posted June 26th, 2013 in asylum, immigration, investigatory powers, news by sally

“Border officials failed to pursue more than 3,000 leads identified on police databases when attempting to track down missing asylum seekers, an inspector has found.”

Full story

The Independent, 26th June 2013

Source: www.independent.co.uk

Regina (MA and others) v Secretary of State for the Home Department – WLR Daily

Posted June 10th, 2013 in asylum, children, EC law, immigration, law reports by sally

Regina (MA and others) v Secretary of State for the Home Department (Case C-648/11); [2013] WLR (D) 217

“On the proper interpretation of the second paragraph of article 6 of Council Regulation (EC) No 343/2003, where an unaccompanied minor, who had no family member within the European Union, had made applications for asylum in more than one member state, the member state responsible for examining that application was that in which the minor was present at the time, after having lodged an asylum application there.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet – WLR Daily

Posted June 6th, 2013 in asylum, EC law, immigration, law reports, United Nations by sally

Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet (Case C-528/11); [2013] WLR (D) 214

“Article 3(2) of Council Regulation (EC) No 343/2003 of 18 February 2003, establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national, permitted a member state, which was not indicated as responsible by the criteria in Chapter III of the Regulation, to examine an application for asylum even though no circumstances existed which established the applicability of the humanitarian clause in article 15 of the Regulation. That possibility was not conditional on the member state responsible under those criteria having failed to respond to a request to take back the asylum seeker concerned. The member state in which the asylum seeker was present was not obliged, during the process of determining the member state responsible, to request the Office of the United Nations High Commissioner for Refugees to present its views where it was apparent from the documents of that office that the member state indicated as responsible by the criteria in Chapter III of Regulation No 343/2003 was in breach of the rules of European Union law on asylum.”

WLR Daily, 30th May 2013

Source: www.iclr.co.uk

Regina (EO and others) v Secretary of State for the Home Department – WLR Daily

Posted May 23rd, 2013 in asylum, detention, immigration, law reports, torture by sally

Regina (EO and others) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin); [2013] WLR (D) 190

“In deciding when an immigrant into the United Kingdom should not be detained because they had been tortured the definition of torture in the Secretary of State’s detention policy in force before January 2013 was any act by which severe pain or suffering, whether physical or mental, was intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person had committed, or intimidating or coercing him or a third person, or for any reason based upon discrimination of any kind.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

Torture victims win test case over detention in UK immigration centres – The Guardian

Posted May 21st, 2013 in asylum, compensation, detention, immigration, news, torture, victims by sally

“The Home Office has been ordered by the high court to pay compensation to four torture survivors who were unlawfully held in British immigration detention centres.”

Full story

The Guardian, 21st May 2013

Source: www.guardian.co.uk

The meaning of care and attention – NearlyLegal

Posted May 20th, 2013 in appeals, asylum, duty of care, homelessness, housing, immigration, local government, mental health, news by sally

“SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of ‘care and attention’ in the context of s.21, National Assitance Act 1948.”

Full story

NearlyLegal, 20th May 2013

Source: www.nearlylegal.co.uk

Home Office calls for evidence in Balance of Competences Review – Home Office

Posted May 20th, 2013 in asylum, consultations, freedom of movement, immigration, news by sally

“The government has today launched calls for evidence on the balance of powers between the UK and the European Union on asylum and immigration, and on the Free Movement of Persons.”

Full story

Home Office, 16th May 2013

Source: www.gov.uk/home-office