Category: immigration

Adedoyin v Secretary of State for the Home Department – WLR Daily

Posted July 18th, 2012 in appeals, immigration, law reports, tribunals by tracey

Adedoyin v Secretary of State for the Home Department: [2012] EWCA civ 939;  [2012] WLR (D)  206

“Where the Upper Tribunal had properly directed itself as to its approach on an appeal from a determination of the First–tier Tribunal and had arrived at a conclusion which was open to it, the decision of the Upper Tribunal contained no material error of law and so the Court of Appeal should not allow an appeal from that decision, even if the court might have been more (or less) generous in its approach to the determination of the First-tier Tribunal.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

Changes to the Immigration (European Economic Area) Regulations 2006 – UK Border Agency

Posted July 16th, 2012 in families, freedom of movement, immigration, news, regulations by sally

“On 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will change.

The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.”

Full story

UK Border Agency, 13th July 2012

Source: www.ukba.homeoffice.gov.uk

Changes to family immigration rules: the cost of love – Halsbury’s Law Exchange

Posted July 11th, 2012 in families, immigration, news, sponsored immigrants by tracey

“Last night a panel discussion was held in the Houses of Parliament to discuss the recently announced rule changes on family migration to the UK from outside the EU.”

Full story

Halsbury’s Law Exchange, 10th July 2012

Source: www.halsburyslawexchange.co.uk

Changes to the family migration Immigration Rules come into effect on 9 July 2012 – UK Border Agency

Posted July 9th, 2012 in EC law, families, human rights, immigration, news, regulations, remuneration by sally

“A number of changes to the Immigration Rules come into effect on 9 July 2012. These changes will affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route.”

Full story

UK Border Agency, 9th July 2012

Source: www.ukba.homeoffice.gov.uk

A culture of disbelief – LegalVoice

Posted July 5th, 2012 in asylum, immigration, legal representation, news, women by sally

“Lawyers who deal with asylum claims are likely to be thin on the ground as a result of the legal aid cuts and the consequences for women asylum-seekers, in particular, will be ‘catastrophic’, charities have warned – writes Elizabeth Davidson.”

Full story

LegalVoice, 4th July 2012

Source: www.legalvoice.org.uk

Taking stock after Abu Qatada: Assurances, secret detention and evidence in closed proceedings – UK Human Rights Blog

Posted June 25th, 2012 in appeals, closed material, deportation, detention, evidence, human rights, immigration, news by sally

“The Court of Appeal recently issued its judgment in XX v Secretary of State for the Home Department [2012] EWCA Civ 742, an appeal from a decision of the Special Immigration Appeals Commission (‘SIAC’) upholding the Secretary of State’s decision to deport an Ethiopian national on grounds of national security.”

Full story

UK Human Rights Blog, 24th June 2012

Source: www.ukhumanrightsblog.com

New family visit visa appeal regulations – UK Border Agency

Posted June 21st, 2012 in appeals, families, immigration, news, visas by sally

“The government laid the Immigration Appeals (Family Visitor) Regulations 2012 in Parliament on 18 June 2012, which set out who qualifies for a full right of appeal against refusal of a visa to visit family in the UK.”

Full story

UK Border Agency, 18th June 2012

Source: www.ukba.homeoffice.gov.uk

SK (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted June 21st, 2012 in appeals, asylum, crimes against humanity, immigration, law reports, refugees, treaties by sally

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807; [2012] WLR (D) 178

“The Secretary of State was entitled to refuse asylum to a woman who had participated in two farm evictions in Zimbabwe on the grounds that her participation in the evictions was a crime against humanity under article 1F(a) of the Rome Statute of the International Criminal Court. The refusal was lawful even though the Secretary of State accepted that she would face a real risk of being subject to serious ill-treatment if returned to Zimbabwe, sufficient to breach her rights under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 19th June 2012

Source: www.iclr.co.uk

Secret courts bill under attack as House of Lords prepares for second reading – The Guardian

Posted June 19th, 2012 in bills, civil justice, closed material, immigration, intelligence services, news, private hearings by sally

“Plans for secret hearings in civil courts being put before parliament on Tuesday ‘offend the principle of open justice’, a prominent Conservative MP has warned the government.”

Full story

The Guardian, 18th June 2012

Source: www.guardian.co.uk

Immigration judges ‘named and shamed’ by Sunday Telegraph – UK Human Rights Blog

Posted June 18th, 2012 in deportation, human rights, immigration, judges, media, news by sally

“Today (17 June) the Sunday Telegraph (ST) has named and shamed the ‘three judges who allowed the most appeals’ in cases involving the deportation of foreign criminals (Judges who allow foreign criminals to stay in Britain).”

Full story

UK Human Rights Blog, 17th June 2012

Source: www.ukhumanrightsblog.com

Deported criminal returned to Britain to claim his ‘right to family life’ – Daily Telegraph

Posted June 18th, 2012 in appeals, citizenship, deportation, families, human rights, immigration, news, violent offenders by sally

“A violent foreign criminal who illegally returned to Britain weeks after being deported has won the right to stay in this country because of his human rights.”

Full story

Daily Telegraph, 17th June 2012

Source: www.telegraph.co.uk

Gurkha children lose high court battle to settle in Britain – The Guardian

Posted June 18th, 2012 in armed forces, Gurkhas, immigration, news by sally

“Four adult children from Gurkha families have lost a test-case high court battle for the right to live with parents settled in the UK.”

Full story

The Guardian, 15th June 2012

Source: www.guardian.co.uk

‘Hundreds’ of miscarriage of justice claims over legal advice failings – Law Society’s Gazette

Posted June 14th, 2012 in defences, immigration, miscarriage of justice, news, passports by sally

“Hundreds of asylum seekers and refugees convicted of immigration-related offences such as failure to produce a passport may have been the victims of miscarriages of justice, the Gazette can reveal.”

Full story

Law Society’s Gazette, 14th June 2012

Source: www.lawgazette.co.uk

Clashes between politicians and judges – BBC Law in Action

Posted June 13th, 2012 in assisted suicide, EC law, families, human rights, immigration, judiciary, news, parliament by sally

“Major confrontations between the courts and the government in Britain and the United States are looming. Just this week, the Home Secretary has warned British judges to take account of the views of MPs on foreign offenders who claim the right to family life. But the courts are also poised to rule on the contentious issue of assisted dying, where those who wish to end their own life are seeking new rights.”

Listen

BBC Law in Action, 12th June 2012

Source: www.bbc.co.uk

Article 8 and a half – wider than thought, but will it work? – UK Human Rights Blog

Posted June 13th, 2012 in families, housing, human rights, immigration, interpretation, news by sally

“The Home Office has released its Statement of Intent on Family Migration, which, amongst other things, makes the position a little clearer on its plans for Article 8 of the European Convention on Human Rights, as discussed in my earlier post.”

Full story

UK Human Rights Blog, 13th June 2012

Source: www.ukhumanrightsblog.com

Elderly relatives of immigrants banned from claiming benefits for 5 years – Daily Telegraph

Posted June 12th, 2012 in benefits, elderly, immigration, news by sally

“Immigrants who want elderly relatives to join them in Britain must swear they will not claim benefits for five years, under the Government’s latest attempt to limit the number of overseas arrivals.”

Full story

Daily Telegraph, 12th June 2012

Source: www.telegraph.co.uk

Patel and others v Secretary of State for the Home Department – WLR Daily

Posted June 12th, 2012 in appeals, immigration, law reports, removal directions by sally

Patel and others v Secretary of State for the Home Department [2012] EWCA Civ 741; [2012] WLR (D) 174

“The decision of the Secretary of State for the Home Department to refuse an extension of leave to remain in the United Kingdom was not invalidated by the fact that she had made no removal direction in respect of the applicant at the same time as or shortly after the refusal of the extension application.”

WLR Daily, 1st June 2012

Source: www.iclr.co.uk

Stark choice under new immigration rules: exile or family breakup – The Guardian

Posted June 11th, 2012 in families, human rights, immigration, news, remuneration, visas by sally

“British citizens with foreign-born partners are to be given the choice of indefinite ‘exile’ in countries including Yemen and Syria or face the breakup of their families if they want to remain in the UK, under radical immigration changes to be announced next week, MPs have been told.”

Full story

The Guardian, 8th June 2012

Source: www.guardian.co.uk

Theresa May ready for showdown with courts over foreign prisoners’ rights – The Guardian

Posted June 11th, 2012 in appeals, deportation, families, human rights, immigration, news, prisons, remuneration by sally

“Theresa May is heading for a renewed showdown with the courts over the rights of foreign prisoners battling to avoid deportation after signalling that she would bring in primary legislation if judges failed to implement new rules.”

Full story

The Guardian, 10th June 2012

Source: www.guardian.co.uk

AL (Albania) v Secretary for State the Home Department; FN (Gambia) v Same; DN(Bangladesh) v Same – WLR Daily

Posted June 1st, 2012 in appeals, civil procedure rules, costs, immigration, law reports by tracey

AL (Albania) v Secretary for State the Home Department; FN (Gambia) v Same; DN(Bangladesh) v Same: [2012] EWCA Civ 710;   [2012] WLR (D)  16

“In statutory appeals to the Court of Appeal from the Upper Tribunal (Immigration and Asylum Chamber), if the appeal had been allowed by consent, with the appellant obtaining the remittal sought, or if the appeal had been resolved by the grant of a status which was not previously offered, then provided the appellant was clearly identifiable as the successful party, CPR r 44.3(2(a) would usually entitle him to his costs absent specific matters of conduct or other features making an order inappropriate. The crucial question in such cases was the identification of the successful party.”

WLR Daily, 30th May 2012

Source: www.iclr.co.uk