‘Two judges who ruled that the Home Office’s plan to send asylum seekers to Rwanda to have their cases processed was lawful have granted permission for parts of their decision to be challenged at the court of appeal.’
The Guardian, 16th January 2023
Source: www.theguardian.com
‘AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022). In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal (UT) found that where the FTT’s decision involved an error of law, it would normally re-make the decision instead of remitting it to the FTT, unless it was satisfied that the error had deprived a party of a fair hearing before the FTT. Where the UT was so satisfied, it would normally remit the decision to the FTT. If the UT chose instead to re-make the decision itself, it would have to give cogent reasons for doing so. “AEB” appealed against a decision of the UT upholding a deportation order made by the respondent SSHD. The appellant was a Nigerian national who had been in the UK for 30 years and who was separated from his partner but helped to care for their three children, all of whom had significant disabilities and special needs. In 2017, he was convicted of dishonesty and sentenced to 4 years’ imprisonment. As a result, the SSHD served a deportation decision under the automatic deportation provision set out in section 32 of the UK Borders Act 2007. AEB appealed to the FTT relying on article 8 of the ECHR, which brought into play the provisions of Part 5A of the Nationality, Immigration and Asylum Act 2002. But the FTT dismissed his appeal and UT set aside that dismissal on the basis that the FTT had made errors of law which had deprived AEB of a fair hearing.’
EIN Blog, 9th January 2023
Source: www.ein.org.uk
‘2022 may be remembered as one of the more turbulent years for human rights in the UK. Now, we look ahead at what might be in store for our rights in 2023.’
Each Other, 4th January 2023
Source: eachother.org.uk
‘On 14th April of this year, the then-Prime Minister, Boris Johnson, announced a new ‘Migration and Economic Development Partnership’ between the UK Government and the Government of Rwanda to enable the removal of certain persons to who enter the UK to claim asylum (particularly those who arrive in small boats crossing the English Channel) to Rwanda, where – if their claims succeeded – they would be resettled.’
UK Human Rights Blog, 20th December 2022
Source: ukhumanrightsblog.com
‘The High Court has ruled that the government’s ‘awful‘ Rwanda policy is lawful. This follows an intervention from the European Court of Human Rights, which in a last-minute ruling stopped any flights under the scheme until the UK’s domestic courts could determine if it was legal. While the policy was ruled legal, eight individual cases will be determined separately and another hearing could be launched in 2023 if an appeal is made.’
Each Other, 20th December 2022
Source: eachother.org.uk
‘The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin) that the UK government’s Rwanda plan is lawful. The individual decisions in the case were inadequate and will need to be re-made, but that is no obstacle to the plan proceeding.’
Free Movement, 19th December 2022
Source: freemovement.org.uk
‘The UK has been accused of “rolling back” moves to tackle modern slavery before a UN review of its human rights record on Thursday.’
The Guardian, 8th November 2022
Source: www.theguardian.com
‘Lawyers and charities have called for controversial electronic tagging of migrants to be scrapped, describing it in a new report as a form of “psychological torture”.’
The Guardian, 31st October 2022
Source: www.theguardian.com
‘Two members of a Rochdale grooming gang are to be deported to Pakistan after losing a seven-year legal fight to remain in Britain.’
The Guardian, 26th October 2022
Source: www.theguardian.com
‘An asylum seeker electronically tagged by the government after being selected for removal to Rwanda is launching a legal challenge.’
The Independent, 13th October 2022
Source: www.independent.co.uk
‘The Home Office has conceded that it does not have the right to fast-track the deportation of Albanian asylum seekers after their arrival in the UK, in an abrupt policy U-turn.’
The Guardian, 26th September 2022
Source: www.theguardian.com
‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’
UK Human Rights Blog, 6th September 2022
Source: ukhumanrightsblog.com
‘A High Court challenge against the Government’s plan to deport some asylum seekers to Rwanda is set to begin.’
The Independent, 5th September 2022
Source: www.independent.co.uk
‘A detailed clinical review of the backgrounds of asylum seekers likely to be sent to Rwanda has found many may have been tortured.’
BBC News, 1st September 2022
Source: www.bbc.co.uk
‘Only 21 foreign nationals have been removed from the UK under post-Brexit “inadmissibility” rules on asylum, Home Office figures show.’
BBC News, 25th August 2022
Source: www.bbc.co.uk
‘Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining effective immigration control by removing a foreign national to their country of origin.’
EIN Blog, 23rd August 2022
Source: www.ein.org.uk
‘New agreement to remove Pakistani nationals with no legal right to remain in the UK, including criminals, failed asylum seekers and immigration offenders.’
Home Office, 17th August 2022
Source: www.gov.uk
‘The family of a man with schizophrenia is taking legal action against the Home Office for allegedly unlawfully deporting him to Jamaica.’
BBC News, 13th August 2022
Source: www.bbc.co.uk
‘On 20 July 2022, the UK Supreme Court gave its judgment in the three joined appeals of HA (Iraq), RA (Iraq) and AA (Nigeria) [2022] UKSC 22. The full judgment can be found here. These were all deportation appeals decided by the Court of Appeal. The Court of Appeal found in favour of the three individuals and the Secretary of State, through the Home Office, appealed to the Supreme Court.’
EIN Blog, 3rd August 2022
Source: www.ein.org.uk
‘Chinese seafarers with British wives and children were “coerced” into boats leaving Liverpool after the second world war in a “racially inflected” secret government programme, the Home Office has admitted.’
The Guardian, 2nd August 2022
Source: www.theguardian.com
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