‘More than 110 local councils and charities have vowed to boycott a controversial new Home Office policy to deport foreign rough sleepers. Rules that came into effect on 1 January made rough sleeping grounds to cancel or refuse a non-British national’s right to be in the UK.’
The Independent, 8th August 2021
Source: www.independent.co.uk
‘This series of short articles reflects on some matters that may arise in relation to a public inquiry (or inquiries) into the government’s response to the COVID-19 pandemic, set to be launched in Spring 2022. While little is publicly known about the details of the inquiry, these articles consider the relevant legislative framework and some possible questions of scope, structure and participation.’
Doughty Street Chambers, 2nd August 2021
Source: insights.doughtystreet.co.uk
‘Preparations are being made for the deportation of a number of Jamaican nationals who came to the UK as children, in an apparent reversal of an earlier agreement not to deport people who arrived in this country as minors. A charter flight to Jamaica is scheduled for 11 August, returning several dozen people whose criminal convictions have triggered deportation orders. However, campaigners have protested that it is unreasonable to remove people who have spent a lifetime in the UK to a country where they have no ties.’
The Guardian, 5th August 2021
Source: www.theguardian.com
‘Policies are not law. Nevertheless, they play a large role in administrative law, providing clarity as to how a public authority will exercise a discretionary power. Policies can also be relevant considerations, create legitimate expectations, or require that an individual who falls within the scope of a policy should have that policy applied to them, unless there are good reasons not to do so. Public authorities may also be required to formulate or publish a policy setting out how discretion is exercised.’
UK Constitutional Law Association, 5th August 2021
Source: ukconstitutionallaw.org
‘Lawyers are challenging the Home Office policy of deporting people to Vietnam who could be victims of trafficking after the UK sent a second charter flight to the country within a matter of weeks.’
The Guardian, 1st August 2021
Source: www.theguardian.com
‘The Home Office has issued new right-to-work guidance as the Brexit transitional arrangements for EU workers in the UK came to an end on 30 June 2021.’
Law Society's Gazette, 2nd August 2021
Source: www.lawgazette.co.uk
‘Campaigners including archaeologists, environmental groups and druids have won a high court battle to prevent a controversial road project that includes a tunnel near Stonehenge.’
The Guardian, 30th July 2021
Source: www.theguardian.com
‘The UK government will require people working in care homes in England to have been vaccinated against Covid-19, subject to limited exemptions.’
OUT-LAW.com, 28th July 2021
Source: www.pinsentmasons.com
‘The High Court has thrown out a campaign group’s legal challenge to the Government’s £27.4bn Road Investment Strategy 2: 2020-25.’
Local Government Lawyer, 29th July 2021
Source: www.localgovernmentlawyer.co.uk
‘When the unanimous judgment in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 was handed down, it felt like a bit of a sea change had occurred. We had seen indications that the Supreme Court were becoming increasingly concerned with the perception that they were interfering in political matters in the Begum [2021] UKSC 7 case. However, the decision in SC and in R (AB) v Secretary of State for Justice [2021] UKSC 28 (handed down on the same day) gave a warning from the President of the Supreme Court about “campaigning organisations” litigating what Lord Reed perceived to be failed political campaigning for the rights of children. His concern was that this, coupled with the wide discretion left to courts when considering ECHR obligations left courts vulnerable to undue interference in the sphere of political choices.’
Doughty Street Chambers, 27th July 2021
Source: insights.doughtystreet.co.uk
‘In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.’
UK Human Rights Blog, 28th July 2021
Source: ukhumanrightsblog.com
‘Downing Street’s failure to provide British Sign Language interpreters during live Covid briefings was discriminatory and breached equality legislation, a high court judge has ruled.’
The Guardian, 28th July 2021
Source: www.theguardian.com
‘The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from the UK if no other countervailing factors were present. This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases involving children. In this post we look at recent developments in immigration law regarding applications for leave to remain on the basis of 7 years’ continuous residence as a child.’
Richmond Chambers, 26th July 2021
Source: immigrationbarrister.co.uk
‘In an unprecedented move, a coalition of more than 220 organisations has condemned proposed changes to judicial review and the Human Rights Act, including EachOther UK.’
Each Other, 28th July 2021
Source: eachother.org.uk
‘The Law Society has warned the new Nationality and Borders Bill risks jeopardising Britain’s “global reputation for justice”.’
5SAH, 22nd July 2021
Source: www.5sah.co.uk
‘The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) on the two-child rule (in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, and it wastes no opportunity to disappoint.’
Oxford Human Rights Hub, 26th July 2021
Source: ohrh.law.ox.ac.uk
‘The governing body of a primary school in Walsall has won a High Court challenge over the Secretary of State for Education’s refusal to revoke an academy order.’
Local Government Lawyer, 26th July 2021
Source: www.localgovernmentlawyer.co.uk
‘Campaigners have lost a legal challenge to the government’s £27bn roadbuilding programme after the high court dismissed their application for a judicial review.’
The Guardian, 26th July 2021
Source: www.theguardian.com
‘At the start of the first lockdown in March 2020, both the government and the courts made efforts to provide ‘breathing space’ for companies and stem the tide of legal action flowing out of Covid-19’s disruption to business.’
Law Society's Gazette, 26th July 2021
Source: www.lawgazette.co.uk
‘On the important subject of indefinite leave to remain (ILR) on the grounds of 10 years’ continuous residence, the Court of Appeal has held that the SSHD had erred in refusing an ILR application made by Mr Chandra Mungur – a citizen of Mauritius – because it could not be said that he had “left the United Kingdom in circumstances in which he had no reasonable expectation at the time of leaving that he would lawfully be able to return” during the period relied upon as 10 years’ continuous residence. While Mr Mungur had left the UK in 2001 following expiry of his visit visa, he had done so with the intention and expectation of lawfully returning as soon as possible under a student visa. Mr Mungur had obtained a visitor visa valid from 22 March 2001 to 22 September 2001. He entered the UK as a visitor on 16 April 2001 and left on 1 September 2001 “to return to Mauritius to apply for Entry Clearance as a student”. That application was granted on 25 September 2001 and was valid until 25 September 2003. On 5 October 2001, he entered the UK again and by a succession of applications he applied for and was granted further leave to remain successively first as a student and then as a work permit holder. He remained lawfully in the UK from 25 September 2003 until 13 July 2011. He overstayed for 1,947 days when his leave to remain expired on 13 July 2011 until 10 February 2016.’
EIN Blog, 23rd July 2021
Source: www.ein.org.uk
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