Lord Woolf warns of ‘dangers’ and ‘expense’ of scrapping Human Rights Act – Daily Telegraph

Posted November 11th, 2015 in deportation, EC law, human rights, international law, judges, news, treaties by sally

‘Abolishing current human rights laws will create uncertainty and give clever lawyers a field day, says former Lord Chief Justice.’

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Daily Telegraph, 10th November 2015

Source: www.telegraph.co.uk

Man, 84, awaiting deportation died in handcuffs ‘due to Home Office rules’ – The Guardian

Posted October 28th, 2015 in death in custody, deportation, detention, elderly, immigration, inquests, news by sally

‘An 84-year-old man being held at a detention centre died of a heart attack after being shackled for five hours while suffering chest pains, an inquest has heard.’

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The Guardian, 27th October 2015

Source: www.guardian.co.uk

European court of human rights rules secret hearings legal – The Guardian

Posted October 21st, 2015 in closed material, deportation, detention, human rights, inquiries, news, warrants by sally

‘Secret hearings to determine whether suspects should be held without charge during anti-terror investigations are legal, the European court of human rights has ruled.’

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The Guardian, 20th October 2015

Source: www.guardian.co.uk

Wife and child killer Tariq Khan jailed for 25 years – BBC News

‘A 27-year-old man who stabbed his pregnant wife to death has been jailed for a minimum of 25 years.’

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BBC News, 13th October 2015

Source: www.bbc.co.uk

UK appeal court backs ‘deport first, appeal later’ policy for foreign prisoners – The Guardian

‘The Home Office won a key legal challenge on Tuesday over the “deport first, appeal later” policy, which removes the right of foreign prisoners to appeal against deportation from within the UK.’

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The Guardian, 13th October 2015

Source: www.guardian.co.uk

Woman who fled sexual abuse deported to Jamaica ‘because Home Office fax machine broken’ – The Independent

‘A woman who fled sexual abuse in Jamaica was deported back to the country because the Home Office’s fax machine was broken, lawyers have claimed.’

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The Independent, 4th October 2015

Source: www.independent.co.uk

UN torture investigator says UK plan to scrap Human Rights Act is ‘dangerous’ – The Guardian

‘The UN special rapporteur on torture has accused David Cameron of a “cold-hearted ” approach to the migration crisis, warning that plans to scrap the Human Rights Act risk subverting international obligations designed to protect people fleeing persecution.’

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The Guardian, 3rd October 2015

Source: www.guardian.co.uk

Deport first, appeal later–the effects explained – Halsbury’s Law Exchange

‘Deport first, appeal later is part of the current strategy to cut net migration. As set out in the Immigration Bill 2015-16, the rule has been extended to all immigration appeals and judicial reviews, including where a so-called family life is involved, apart from asylum claims.’

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Halsbury’s Law Exchange, 30th September 2015

Source: www.halsburyslawexchange.co.uk

Report: “Serious irreversible harm” test case heard in Court of Appeal

Posted September 28th, 2015 in appeals, asylum, bills, consultations, deportation, human rights, immigration, news, public interest by sally

‘This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came into force on 28th July 2014, provides the Home Office the power to certify human rights claims made by people liable to deportation, so they are not entitled to an appeal within the UK. Instead they are expected to bring their appeal from the country in which the Home Office propose deportation. This logic has been catchily titled “deport first, appeal later” and the Conservatives pledged in their manifesto to roll it out for all immigration appeals. Indeed, the Immigration Bill 2015, published last week on 17th September, does just that.’

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Free Movement, 25th September 2015

Source: www.freemovement.org.uk

July 2015 immigration update podcast – Free Movement

‘Welcome to the July 2015 edition of the Free Movement immigration update podcast. In this episode I start by talk about Sir Nicholas Winton then move on to discuss the huge delays in appeal hearing listings and some other tribunal news, cover some immigration rule issues including a brief overview of Statement of Changes HC 297 and then move onto a number of cases, including a review of Article 8 case law and some of the more interesting recent offerings from the tribunal. The material is drawn mainly from the July blog posts on Free Movement.’

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Free Movement, 7th September 2015

Source: www.freemovement.org.uk

Sir Brian Leveson admonishes immigration solicitors – Free Movements

‘The latest in the increasingly long line of cases in which the judiciary has administered public dressings down for immigration lawyers is R (On the Application Of Akram & Anor) v Secretary of State for the Home Department [2015] EWHC 1359 (Admin). The cases are often referred to as Hamid cases, after the first such case, Hamid [2012] EWCA 3070 (Admin).’
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Free Movement, 2nd September 2015

Source: www.freemovement.org.uk

Law and the ‘illegals’: reforming UK immigration detention – Halsbury’s Law Exchange

Posted August 28th, 2015 in asylum, deportation, detention, immigration, news, time limits by sally

‘The UK has the largest immigration detention estate in Europe, with approximately 30,000 individuals being detained under immigration powers over the course of the last year. The vast majority of detainees are held in Immigration Removal Centres (IRCs), however detainees can be held in a number of different locations including prisons, and even less satisfactorily, police cells. The UK is the only EU country to also not impose an upper time limit on the use of immigration detention. This article considers a number of policy areas relating to immigration detention which have come under heavy scrutiny and may identify potential opportunities for reform.’

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Halsbury’s Law Exchange, 27th August 2015

Source: www.halsburyslawexchange.co.uk

Asylum seekers fight deportation to Afghanistan – The Guardian

Posted August 25th, 2015 in appeals, asylum, deportation, news by sally

‘Lawyers have launched a series of last-minute challenges to the proposed deportation of failed asylum seekers on a charter flight to Afghanistan.’

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The Guardian, 24th August 2015

Source: www.guardian.co.uk

Judge overrules Theresa May and allows convicted terror prisoner to be freed – The Independent

Posted July 28th, 2015 in appeals, bail, deportation, immigration, news, terrorism by sally

‘A man believed by police to pose a threat to the UK is to be released from prison after Theresa May lost a court case to keep him in jail until he can be deported.’

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The Independent, 25th July 2015

Source: www.independent.co.uk

HRA Watch: Reform, Repeal, Replace? Sarah Lambrecht: Criticism of the European Court of Human Rights: A UK Phenomenon? – UK Constitutional Law Association

Posted July 27th, 2015 in deportation, human rights, news, repeals by sally

‘The tumultuous relationship between the UK Government and the European Court of Human Rights (ECtHR) is unlikely to normalise with the Conservative Party having obtained, against all polling predictions, an absolute majority at the May 2015 UK general election. In its October 2014 policy document, the Conservatives criticise the European Court of Human Rights for developing “mission creep” and proclaim a plan for change “to restore common sense and put Britain first”. The all-encompassing solution proposed is to repeal the UK Human Rights Act and introduce a new British Bill of Rights and Responsibilities. Even though I have uttered doubts as to whether such a Bill could live up to all of its drafters’ expectations, the wide-spread political support for a proposal expressly aimed at reducing the Strasbourg Court’s influence is exceptional. In an attempt to feed the rich debate and analyses on the UKCLA blog, this post places the UK debate in a wider perspective.’

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UK Constitutional Law Association, 27th July 2015

Source: www.ukconstitutionallaw.org

New immigration rules will cost the NHS millions, warns nursing union – The Guardian

Posted June 22nd, 2015 in deportation, hospitals, immigration, news, nurses, remuneration, statistics by tracey

‘New immigration rules that will mean lower-earning non-EU workers being deported will exacerbate the shortage of nurses in the UK and cost the NHS tens of millions in recruitment, the government has been warned by nursing leaders.’

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The Guardian, 22nd June 2015

Source: www.guardian.co.uk

Why one failed asylum seeker trended – while many others do not – BBC News

Posted June 15th, 2015 in asylum, deportation, detention, immigration, internet, news by sally

‘The term “failed asylum seeker” doesn’t usually elicit huge sympathy in the UK – so why did thousands rally behind one man deported this week?’

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BBC News, 13th June 2015

Source: www.bbc.co.uk

Fast-track asylum system ‘unlawful’, High Court rules – BBC News

Posted June 15th, 2015 in appeals, asylum, deportation, detention, immigration, news, ultra vires by sally

‘The future of a key part of the government’s system to remove failed asylum seekers is in doubt after the High Court ruled it was unlawful.’

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BBC News, 12th June 2015

Source: www.bbc.co.uk

UK Immigration: illegal working and EU reform – Halsbury’s Law Exchange

Posted June 4th, 2015 in appeals, banking, bills, deportation, employment, immigration, landlord & tenant, news by sally

‘The Queen’s speech, which announces the Government’s agenda for the next five years, would not be the same without some proposals on immigration reform. We were not let down and the plan of attack will be a new Immigration Bill which will focus on illegal workers, overstayers and rogue employers.’

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Halsbury’s Law Exchange, 3rd June 2015

Source: www.halsburyslawexchange.co.uk

Foreign criminal convicted of child cruelty wins ‘family life’ case – Daily Telegraph

Posted June 1st, 2015 in child cruelty, deportation, drunk in charge, families, human rights, news by michael

‘Former professional footballer caught drink-driving with his four-year-old daughter in the car, and convicted of child cruelty, overturns deportation because of his relationship with his child.’

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Daily Telegraph, 31st May 2015

Source: www.telegraph.co.uk