Immigration Blog: Age Assessments – More Than Just a Number – Garden Court Chambers

Posted November 16th, 2023 in asylum, chambers articles, children, deportation, detention, immigration, news by sally

‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’

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Garden Court Chambers, 2nd October 2023

Source: www.gardencourtchambers.co.uk

Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

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The Guardian, 15th November 2023

Source: www.theguardian.com

Supreme court rules Rwanda plan unlawful: a legal expert explains the judgment, and what happens next – EIN Blog

‘The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful.’

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EIN Blog, 15th November 2023

Source: www.ein.org.uk

What is the ECHR and how does it relate to the Rwanda migrants policy? – The Independent

‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

How the UK government’s Rwanda asylum plan came unstuck – The Guardian

‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

Supreme Court rules Rwanda asylum policy unlawful – BBC News

‘The UK’s highest court has ruled the Rwanda asylum policy is unlawful.’

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BBC News, 15th November 2023

Source: www.bbc.co.uk

UK supreme court to rule on legality of plan to send asylum seekers to Rwanda – The Guardian

‘Rishi Sunak’s government will discover next Wednesday whether its flagship immigration policy of sending asylum seekers to Rwanda is lawful.’

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The Guardian, 9th November 2023

Source: www.theguardian.com

Domestic-abuse victims fear deportation if they go to police – BBC News

‘Every police force in England and Wales has reported migrants who are domestic-abuse victims to Immigration Enforcement, new data suggests.’

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BBC News, 9th November 2023

Source: www.bbc.co.uk

Deaths and abuse in UK immigration detention – my research shows extent of mental health problem – EIN Blog

Posted October 17th, 2023 in deportation, detention, immigration, mental health, news, suicide by sally

‘The death of 39-year-old Frank Ospina, a Colombian man in immigration detention in the UK, shocked his family. Ospina was awaiting deportation, and his mental health appeared to deteriorate rapidly. He is thought to have taken his own life in March 2023.’

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EIN Blog, 16th October 2023

Source: www.ein.org.uk

How UK plan to send asylum seekers to Rwanda ended up before supreme court – The Guardian

‘The UK government’s plans to send asylum seekers to Rwanda had generated controversy even before the former home secretary Priti Patel signed a deal with the east African country in April last year sealing the deal. Ministers claimed the plan would deter people from making the dangerous journey across the Channel on small boats.’

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The Guardian, 9th October 2023

Source: www.theguardian.com

Home Office Windrush ‘transformation team’ formally disbanded – The Guardian

Posted September 20th, 2023 in colonies, compensation, deportation, government departments, immigration, news by sally

‘The Home Office team that was tasked with transforming the department after the Windrush scandal has been formally disbanded, triggering disappointment from those affected and dismay from civil servants.’

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The Guardian, 19th September 2023

Source: www.theguardian.com

Article 31 and inadmissibility under Part 4A Nationality, Immigration and Asylum Act 2002 – EIN Blog

‘Many practitioners will be aware that the Secretary of State for the Home Department’s (“SSHD”) “Rwanda plan” met with the Court of Appeal’s disapproval recently in a majority decision in AAA (Syria) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 266 (on appeal from the High Court: AAA v Secretary of State for the Home Department (Rwanda) [2022] EWHC 3230). The Court found that any attempt to remove refugees to Rwanda whose claims the SSHD adjudged to be inadmissible would breach the non-refoulment provisions of Article 33 of the 1951 Refugee Convention (“RC”) and thereby also Article 3 of the 1950 European Convention of Human Rights (“ECHR”).’

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EIN Blog, 31st July 2023

Source: www.ein.org.uk

Court of Appeal upholds challenge to Rwanda removals policy – an extended look – UK Human Rights Blog

Posted July 20th, 2023 in appeals, deportation, immigration, news, refugees, Rwanda, treaties, United Nations by tracey

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] EWCA Civ 745. The Claimants in this case are 10 individual asylum-seekers from Syria, Iraq, Iran, Vietnam, Sudan and Albania who entered the UK irregularly by crossing the English Channel in small boats, together with one charity, Asylum Aid.’

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UK Human Rights Blog, 19th July 2023

Source: ukhumanrightsblog.com

Why UK court ruled Rwanda isn’t a safe place to send refugees – and what this means for the government’s immigration plans – EIN Blog

‘The Court of Appeal has ruled against the UK government’s plan to send asylum seekers to Rwanda, adding a significant legal hurdle to the prime minister Rishi Sunak’s promise to “stop the boats”.’

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EIN Blog, 4th July 2023

Source: www.ein.org.uk

Braverman plan to send asylum seekers to Rwanda unlawful, appeal court rules – The Guardian

‘Court of appeal judges have ruled that it is unlawful to send asylum seekers to Rwanda to have their claims processed, in a judgment that delivers a potential hammer blow to government policy.’

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The Guardian, 29th June 2023

Source: www.theguardian.com

Windrush: Hundreds with chronic and mental illness sent back to Caribbean – BBC News

‘Hundreds of long-term sick and mentally ill people from the Windrush generation were sent back to the Caribbean in what has been described as a “historic injustice”, the BBC has found.’

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BBC News, 21st June 2023

Source: www.bbc.co.uk

Activists who blocked road to stop UK deportation flight to Jamaica acquitted – The Guardian

Posted June 14th, 2023 in demonstrations, deportation, immigration, Jamaica, news, nuisance, roads by sally

‘Three activists who lay on a road outside an immigration detention centre to prevent people being put on a Home Office deportation flight to Jamaica have been cleared by a jury of charges of causing a public nuisance.’

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The Guardian, 13th June 2023

Source: www.theguardian.com

Strasbourg ‘had no jurisdiction’ to block Rwanda flight – Law Society’s Gazette

Posted June 6th, 2023 in airlines, asylum, deportation, human rights, jurisdiction, news, Rwanda by sally

‘Interim measures by the European Court of Human Rights including the one stopping deportation flights to Rwanda are not binding on governments, human rights law experts claim in a report published by a centre-right thinktank today. Rule 39 and the Rule of Law, published by Policy Exchange’s Judicial Power Project, concludes that the Strasbourg court’s “rule 39” procedure was never approved by member states and that the government should challenge its lawfulness “robustly”.’

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Law Society's Gazette, 5th June 2023

Source: www.lawgazette.co.uk

Stephen Tierney and Alison L. Young: The House of Lords Constitution Committee Reports on the Illegal Migration Bill – UK Constitutional Law Association

‘The Constitution Committee has released its report on the Illegal Migration Bill 2022-23. The Committee raises a number of concerns, including its potential impact on the rule of law, human rights, devolution, delegated powers, and parliamentary scrutiny. We await the report of the Joint Committee on Human Rights which will most likely comment in more detail on the implications of the Bill for the United Kingdom’s international obligations.’

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UK Constitutional Law Association, 23rd May 2023

Source: ukconstitutionallaw.org

The UK vs the ECtHR: Anatomy of A Politically Engineered Collision Course – EIN Blog

‘In recent months, the UK government has tabled two Bills before Parliament which would have the consequence – and almost certainly have the intention – of setting the UK on a collision course with the Council of Europe, and especially the European Court of Human Rights (ECtHR). Both the Bill of Rights Bill and the Illegal Migration Bill, introduced on 22 June 2022 and 7 March 2023 respectively, contain provisions that openly flout the UK’s obligations under the European Convention on Human Rights (ECHR). While the former is currently in parliamentary limbo, the Illegal Migration Bill will probably become law, following extensive amendment by the House of Lords, which will debate it on 10 May.’

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EIN Blog, 9th May 2023

Source: www.ein.org.uk