‘The lawyer representing 200 victims of the Windrush scandal says systemic racism is at the root of the problem.’
The Guardian, 22nd June 2020
Source: www.theguardian.com
‘This judgment concerns the definition of “an offence that has caused serious harm” for the purpose of an appeal against deportation on private and family life grounds under Article 8. In this set of cases, the Court of Appeal took a broad view as to the meaning of this provision, but also held that there must be evidence that the offender has actually caused serious harm.’
UK Human Rights Blog, 15th June 2020
Source: ukhumanrightsblog.com
‘The Home Office is being investigated over whether it breached equality law when it introduced the “hostile environment” immigration measures that caused catastrophic consequences for thousands of Windrush generation residents living legally in the UK.’
The Guardian, 12th June 2020
Source: www.theguardian.com
‘Anthony Bryan had lived and worked in Britain for 50 years when he was suddenly detained and almost deported.’
BBC News, 8th June 2020
Source: www.bbc.co.uk
‘Only 60 people have received Windrush compensation payments during the first year of the scheme’s operation, with just £360,000 distributed from a fund officials expected might be required to pay out between £200m and £500m.’
The Guardian, 28th May 2020
Source: www.theguardian.com
‘Immigration Law Update with articles from Kate Jones, Tori Adams, Daniel Wand, Ben Haseldine and Jyoti Wood.’
4 King's Bench Walk, 5th May 2020
Source: www.4kbw.co.uk
‘In AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, Lord Wilson calls the European Court on Rights out on its claim that in Paposhvili v Belgium [2017] Imm AR 867, it was doing no more than “clarifying” its judgment in N v United Kingdom (2008) 47 EHRR 39 as to the circumstances in which removal or deportation will breach Article 3 of the European Convention on Human Rights. Close readers of the judgment in Paposhvili will be well aware of the numerous points at which the court uses, it is hard to doubt, intentionally, the very same language as is used in N to come to different conclusions.’
No. 5 Chambers, 29th April 2020
Source: www.no5.com
‘On 29 April 2020, the UK Supreme Court handed down its judgment in the case of AM(Zimbabwe) v SSHD [2020] UKSC. This completes the domestic line of authority grappling with the ECtHR’s Grand Chamber’s judgment in Paposhvili v Belgium, which reformulated the applicable test where appellants allege that their proposed removal to a third country would be in breach of Article 3 ECHR as exposing them to inhuman or degrading treatment as a result of the unavailability of medical treatment there.’
Oxford Human Rights Hub, 3rd May 2020
Source: ohrh.law.ox.ac.uk
‘This appeal related to the UK’s ability to deport a Zimbabwean citizen who, whilst being lawfully resident in the UK, had committed serious crimes. He sought to challenge the decision to deport him on the basis of ECHR, article 3. Being HIV positive, he argued that if deported he would be unable to access the medication he receives in the UK and which prevents his relapse into AIDS.’
UKSC Blog, 29th April 2020
Source: ukscblog.com
‘Unlike some of the rights protected by the European Convention on Human Rights, the prohibition on torture or inhuman or degrading treatment under Article 3 is absolute. There is no question of striking a balance between Article 3 and other considerations: the state simply may not act in a way which would breach this prohibition.’
UK Human Rights Blog, 29th April 2020
Source: ukhumanrightsblog.com
‘UK Home Office efforts to deport an HIV-positive Zimbabwean man because of his lengthy criminal record have been blocked after the supreme court ruled removing him would breach his human rights.’
The Guardian, 29th April 2020
Source: www.theguardian.com
‘The law concerning harm to children in deportation cases has become bleak, but a recent decision of UT Judge Keith, posted on the UT’s website as an unreported case on 19 March 2020, does point to one way forward. In it, the Home Office made a potentially significant concession as to the test for avoiding deportation in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, i.e. whether deportation would have an “unduly harsh” effect on the individual’s partner or child. That test relates to those who are defined as “foreign criminals” but who have been sentenced to less than four years’ imprisonment.’
Doughty Street Chambers, 8th April 2020
Source: insights.doughtystreet.co.uk
‘In the recent deportation case of Buci (Part 5A: “partner”: Albania) [2020] UKUT 87 (IAC)(‘Buci’) the Upper Tribunal (Lane J (President) + Mandalia (Upper Tribunal Judge)) has: (i) defined the meaning of “partner” for the purposes of the exception contained at sections 117C(5)/117D(1) of the Nationality, Immigration and Asylum Act 2002; and (ii) clarified that, even if the relationship relied upon is not with a ‘partner’, it will still be necessary to consider the effect of deportation on the other person.’
33 Bedford Row, 7th April 2020
Source: www.33bedfordrow.co.uk
‘On 19 March, screened by the draft Corona: Defence of the Realm Bill, the long awaited Windrush: Lessons Learned Report (hereafter Lessons Learned) was published. For those who have missed out on the considerable publicity generated by the Windrush Generation scandal, a short account is in order. The Windrush Generation broadly comprises Commonwealth citizens who have indefinite leave to remain in the UK or “settled status” on the basis of having settled in the UK before 1973 when the Commonwealth Immigration Act 1971 came into force, and not since 1988 having left the UK for more than two years. Many of these elderly British citizens were unable to prove their right to live here to the satisfaction of the Home Office (perhaps because they entered the country on a parent’s passport or had lost their papers in the ensuing forty-odd years since their arrival). These unfortunate “surprised Brits” were denied healthcare, welfare benefits, pensions, lost their settled housing and long-term jobs, were taken into detention and even deported. They had become victims of the so-called “hostile environment” policy, a set of measures introduced in 2012 by Theresa May when Home Secretary with a view to making life as difficult as possible in the UK for people with no legal status to encourage them to leave. The measures were defended at the time by Theresa May, then Home Secretary, and incorporated into the Immigration Act 2014.’
UK Constitutional Law Association, 6th April 2020
Source: ukconstitutionallaw.org
‘In R (DN – Rwanda) v Secretary of State for the Home Department [2020] UKSC 7, the Supreme Court held that the Claimant was entitled to purse a claim for unlawful detention on the basis that the decision to detain for the purposes of deportation could not be separated from the decision to deport. Accordingly, if the decision to deport was unlawful, then so inevitably was the decision to detain.
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’
Garden Court Chambers, 2nd March 2020
Source: www.gardencourtchambers.co.uk
‘As the report on the Home Office scandal is finally published, we revisit the victims’ stories.’
The Guardian, 19th March 2020
Source: www.theguardian.com
‘Wholesale reform of a “reckless” and “defensive” Home Office is expected to be recommended in a hard-hitting review into the causes of the Windrush scandal when it is released by the home secretary on Thursday.’
The Guardian, 19th March 2020
Source: www.theguardian.com
‘An investigation into the causes of the Windrush scandal has been completed and presented to the UK home secretary, who must now decide when and whether to make the findings public.’
The Guardian, 18th March 2020
Source: www.theguardian.com
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