‘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.’
Halsbury’s Law Exchange, 30th September 2015
Source: www.halsburyslawexchange.co.uk
‘Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good looks cannot last forever. Decline is inevitable. It can be embraced with dignity but this eludes some performers, who simply go on playing the same tired old tunes for too long, sadly. Rare is the David Bowie, able to reinvent and adapt to move with the times. One Direction chose the former course and recently went their separate ways, abandoning their vocation to spend and enjoy the fruits of their labours. It is a lesson worth heeding.’
Free Movement, 29th September 2015
Source: www.freemovement.org.uk
‘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.’
Free Movement, 25th September 2015
Source: www.freemovement.org.uk
‘With the recent publication of the 2015-2016 editions of the Blackstone’s Statutes series, we asked some of the authors to select a piece of legislation from the series that has the most impact on their subject area.’
Full story
OUP Blog, 28th September 2015
Source: www.oupblog.com
‘The founder of a charity that offers helplines and refuge to women escaping from forced marriages has called on Ofsted inspectors to focus on the issue when visiting schools where girls may be at risk.’
The Guardian, 26th September 2015
Source: www.guardian.co.uk
‘Many of you will have heard about the government’s recent decision to set up a taskforce to tackle violence against women on campus. (See the government press release here.) This move is timeous or long overdue (depending on your viewpoint) in the light of the accumulating momentum of campaigns by various individuals and organisations to highlight the high incidence of sexual violence/harassment on campus.’
Education Law Blog, 23rd September 2015
Source: www.education11kbw.com
‘A judge has ordered a London council to pay £20,000 in damages for breaching the claimant parents’ human rights when it unlawfully continued to keep their eight children in foster care.’
Local Government Lawyer, 24th September 2015
Source: www.localgovernmentlawyer.co.uk
‘A ruling on whether ‘secret’ evidence from convicted murderer Wang Yam can be heard at the European court of human rights has far wider significance.’
The Guardian, 22nd September 2015
Source: www.guardian.co.uk
‘The Court of Appeal has recently pronounced (twice) that some provisions of the Charter of Fundamental Rights of the European Union have horizontal direct effect. These decisions provide some guidance as to the legal and constitutional status of the Charter (at least from an English perspective). The Court of Appeal in both cases held that this conclusion required the disapplication of primary UK legislation. These decisions therefore raise an issue as to the appropriate balance of power between Parliament and English judges.’
UK Constitutional Law Association, 23rd September 2015
Source: www.ukconstitutionallaw.org
‘On 7th September 2015, Judge Robert Spano (of the European Court of Human Rights) spoke at a high-level international conference on “The Role of Parliaments in the Realisation and Protection of the Rule of Law and Human Rights”, organised by Murray Hunt, Legal Adviser to Parliament’s Joint Committee on Human Rights. This was his second public intervention in the United Kingdom since his seminal speech on “Universality or Diversity of Human Rights: Strasbourg in the Age of Subsidiarity” delivered at Oxford in 2014, the first having been covered by UK Human Rights Blog here, and built upon his earlier speeches by elaborating on four post-Brighton Declaration cases in which the Grand Chamber of the European Court of Human Rights (the European Court) applied the principle of subsidiarity to find no violation of human rights, considering that the cases fell within the national margin of appreciation, after having examined evidence demonstrating that the national Parliaments had considered the human rights issues. Taken collectively, the four cases demonstrate that Strasbourg is well and truly in the age of subsidiarity, deferring to the decisions of national Parliaments, provided those Parliaments had considered the human rights implications of legislation. Whether this will satisfy Conservative Party concerns that membership of the European Convention on Human Rights is incompatible with the doctrine of Parliamentary sovereignty will be explored at the end of this post.’
UK Human Rights Blog, 21st September 2015
Source: www.ukhumanrightsblog.com
‘Lord Sumption claims rushing to achieve equality could damage the judiciary.’
Full story
Daily Telegraph, 21st September 2015
Source: www.telegraph.co.uk
‘The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal.’
Free Movement, 21st September 2015
Source: www.freemovement.org.uk
‘A husband and wife have won £10,000 each in damages from a local authority that wrongly kept their eight children in foster care. A deputy high court judge Sir Robert Francis said that if ever there was a case illustrating the challenges that faced children, parents, public authorities and the courts when concerns were raised about the safety and welfare of children, it was this one.’
The Guardian, 17th September 2015
Source: www.guardian.co.uk
‘The Crown Prosecution Service is under pressure but not on the “brink of collapse”, the attorney general told a House of Commons committee last night.’
Law Society’s Gazette, 16th September 2015
Source: www.lawgazette.co.uk
In re Z (A Child) (Foreign Surrogacy: Parental Order): [2015] EWFC 73; [2015] WLR (D) 375
‘Since section 54(1) of the Human Fertilisation and Embryology Act 2008 provided that in certain circumstances the court might make a parental order on the application of “two people”, it was not open to the court to make such an order on the application of one person only; nor could section 54(1) be “read down” in accordance with section 3(1) of the Human Rights Act 1998 to enable that to be done.’
WLR Daily, 7th September 2015
Source: www.iclr.co.uk
‘The Ministry of Justice today confirmed that it will ‘bring forward’ proposals for a British bill of rights, to replace the Human Rights Act, this autumn.’
Law Society’s Gazette, 8th September 2015
Source: www.lawgazette.co.uk
Regina v Bell [2015] EWCA Crim 1426; [2015] WLR (D) 371
‘Where a defendant was convicted and sentenced to life imprisonment for an offence of manslaughter on grounds of diminished responsibility which had taken place 14 years earlier (and before the coming into force of the Criminal Justice Act 2003), article 7.1 of the Convention on Human Rights and Fundamental Freedoms did not prohibit the minimum term imposed from being a heavier penalty than the one that was applicable at the time the criminal offence was committed.’
WLR Daily, 27th August 2015
Source: www.iclr.co.uk
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