Category: immigration

Skilled migrants to lose right to settle in UK – The Guardian

Posted February 29th, 2012 in immigration, migrant workers, news, universities by tracey

“More than 40,000 skilled migrants a year are to lose their right to work beyond five years in Britain, in a move towards creating a temporary ‘guestworker’ migrant labour force in the UK. The home secretary, Theresa May, will tell MPs on Wednesday that she is breaking the link between migration and settlement for the first time, by taking away the right to remain in Britain for more than five years from any migrant worker earning less than £35,000 a year.”

Full story

The Guardian, 29th February 2012

Source: www.guardian.co.uk

Illegal workers and benefit abusers targeted – Home Office

Posted February 28th, 2012 in benefits, fingerprints, fraud, immigration, press releases by tracey

“Immigration Minister Damian Green announced the expansion of the Biometric Residence Permits (BRPs) system to help tackle immigration abuse by proving a person’s right to work or access services in the UK.”

Full press release

Home Office, 27th February 2012

Source: www.homeoffice.gov.uk

Crimes committed by victims of human trafficking – should they be prosecuted? – UK Human Rights Blog

Posted February 22nd, 2012 in appeals, drug offences, immigration, news, prosecutions, trafficking in human beings, victims by sally

“This was the first occasion when the Court of Appeal has considered the problem of child trafficking for labour exploitation. It has not previously been subject to any close analysis following the coming into force in 2005 of the European Convention on Action against Trafficking in Human Beings.”

Full story

UK Human Rights Blog, 22nd February 2012

Source: www.ukhumanrightsblog.com

Regina v N(A); Regina v Le – WLR Daily

Posted February 22nd, 2012 in drug offences, immigration, law reports, prosecutions, trafficking in human beings, victims by sally

Regina v N(A); Regina v Le [2012] EWCA Crim 189; [2012] WLR (D) 38

“The implementation of the United Kingdom’s obligation to comply with article 26 of the Council of Europe Convention on Action Against Trafficking in Human Beings 2005 would normally be achieved by the proper exercise of the long established prosecutorial discretion which enabled the Crown Prosecution Service, however strong the evidence might be, to decide that it would be inappropriate to proceed with the prosecution of a defendant suspected of being involved in unlawful activities if he/she might have been the victim of trafficking for labour exploitation and might be unable to advance duress as a defence but who fell within the protective ambit of article 26.”

WLR Daily, 20th February 2012

Source: www.iclr.co.uk

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

Posted February 21st, 2012 in appeals, asylum, immigration, law reports, tribunals by tracey

MM (Zimbabwe) v Secretary of State for the Home Department: [2012] EWCA Civ 135;  [2012] WLR (D)  36

” ‘Conspicuous unfairness’ was not a free standing ground in an immigration case on which a court could act in the absence of unlawful action on the part of the Home Secretary.”

WLR Daily, 24th January 2012

Source: www.iclr.co.uk

Home Secretary’s statement on border security – Home Office

Posted February 21st, 2012 in immigration, passports, reports, speeches by tracey

“With permission Mr Speaker I would like to make a statement on border security. In November last year, it became apparent that certain border security checks had been suspended without ministerial approval. As a result, the Head of the UK Border Force was suspended with immediate effect, full controls were reinstated, and I commissioned John Vine, the independent Chief Inspector of the UK Border Agency, to report on what had happened. Today, I have laid the report before the House and copies will be available from the Vote Office.”

Full statement

Home Office, 20th February 2012

Source: www.homeoffice.gov.uk

Border scandal: 500,000 passengers allowed to enter Britain without checks – Daily Telegraph

Posted February 21st, 2012 in immigration, news, passports, reports, visas by tracey

“More than 500,000 people were allowed into Britain unchecked due to the repeated suspension of vital checks, opening up an ‘unacceptable’ breach in the country’s defences against terrorists and criminals, an official investigation has found.”

Full story

Daily Telegraph, 20th February 2012

Source: www.telegraph.co.uk

The Prosperous UK Emigrant: how clear are the residence/non-residence rules now? – New Square Chambers

Posted February 15th, 2012 in domicile, immigration, news by sally

“In advising the emigrant, the emphasis should be on his actual and substantive acts and way of
life. Too often, the issues addressed, in considering the conditions or circumstances required for residence in the United Kingdom, or the loss of it, and non residence, are tied to patent technicalities (i.e. whether the emigrant maintains subscription to a club or counts the days of absence to a threshold number(i.e. 90 days p.a.). What, in fact, really matters is the substance and pattern of life. In this assessment, the approach of the Court, in cases past to the most recent is the best guide. In this lecture I look at that and tie it to the government’s proposals for reform and the imposition of a statutory test or tests for determining residence, by individuals, or their non-residence in the United Kingdom.”

Full story (PDF)

New Square Chambers, February 2012

Source: www.newsquarechambers.co.uk

Indefinite detention: not very British – UK Human Rights Blog

Posted February 8th, 2012 in bail, deportation, habeas corpus, human rights, immigration, news, torture by sally

“‘Human Rights Act to blame!’ is a frequent refrain in the media, as well reported on this blog. Often, though, the outcome that has attracted media ire is not one that has much to do with the Human Rights Act at all. The decision to release Abu Qatada on bail is one such example.”

Full story

UK Human Rights Blog, 8th February 2012

Source: www.ukhumanrightsblog.com

Seven Wolverhampton people jailed for Wrexham sham marriages – BBC News

Posted February 1st, 2012 in conspiracy, deportation, immigration, marriage, news by sally

“A bride at a sham double wedding pointed to the wrong ‘groom’ when quizzed by Border Agency officials, Mold Crown Court has heard.”

Full story

BBC News, 31st January 2012

Source: www.bbc.co.uk

Border agency was a law unto itself, MPs conclude – The Independent

Posted January 19th, 2012 in immigration, inquiries, news by sally

“Passport checks have been relaxed too often in recent years because of ‘highly troubling’ mistakes by executives at the UK Border Agency, MPs warned.”

Full story

The Independent, 19th January 2012

Source: www.independent.co.uk

Senior judge attacks UK border system after Lithuanian sex offender was able to enter the country – Daily Telegraph

Posted January 19th, 2012 in dangerous offenders, deportation, immigration, news, sexual offences by sally

“A senior judge has railed at the UK border system asking ‘do we let anyone in?’ after a dangerous Lithuanian sex offender was able to enter the country and then rape a woman.”

Full story

Daily Telegraph, 18th January 2012

Source: www.telegraph.co.uk

Are some rights to private life just not cricket? – Legal Week

Posted January 10th, 2012 in human rights, immigration, judgments, news, tribunals by sally

“Given previous poor reporting of human rights cases, alarm bells began to ring when the Sunday Telegraph recently reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in the UK, citing his playing cricket as a reason he had a private life under Article 8 of the European Convention on Human Rights.”

Full story

Legal Week, 10th January 2012

Source: www.legalweek.com

Dr Naik, hate speech and the principle of expectation – UK Human Rights Blog

Posted January 4th, 2012 in freedom of expression, immigration, inciting religious hatred, news by tracey

“The Court of Appeal has confirmed that the exclusion of an Indian Muslim public speaker from the United Kingdom after making statements which breached the Home Office’s ‘unacceptable behaviours policy’ was lawful, and that any interference with his rights was justified.”

Full story

UK Human Rights Blog, 29th December 2011

Source: www.ukhumanrightsblog.com

 

 

 

Ziolkowski and others v Land Berlin (Vertreter des Bundesinteresses beim Bundesverwaltungsgericht intervening) – WLR Daily

Posted January 3rd, 2012 in EC law, freedom of movement, immigration, law reports by tracey

Ziolkowski and others v Land Berlin (Vertreter des Bundesinteresses beim Bundesverwaltungsgericht intervening); (Joined Cases C-424/10 and C-425/10);  [2011] WLR (D)  387

“A Union citizen who had been resident for more than five years in the territory of the host member state on the sole basis of the national law of that member state could not be regarded as having acquired the right of permanent residence pursuant to article 16(1) of Directive 2004/38 if, during that period of residence, he did not satisfy the conditions laid down in article 7(1) of the Directive concerning the need to be a worker or to be self-supporting. Periods of residence completed by a national of a non‑member state in the territory of a member state before the accession of the non‑member state to the European Union, in the absence of specific provisions in the Act of Accession, had to be taken into account for the purpose of the acquisition of the right of permanent residence pursuant to article 16(1) of the Directive, provided those periods were completed in compliance with the conditions laid down in article 7(1).”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

NS v Secretary of State for the Home Department (Amnesty International Ltd and others intervening); ME and others v Refugee Applications Comr and another (Amnesty International Ltd and others intervening – WLR Daily

Posted January 3rd, 2012 in asylum, EC law, immigration, law reports by tracey

NS v Secretary of State for the Home Department (Amnesty International Ltd and others intervening); ME and others v Refugee Applications Comr and another (Amnesty International Ltd and others intervening); (Joined Cases C-411/10 and C-493/10);  [2011] WLR (D)  388

“European Union law precluded the application of a conclusive presumption that the member state responsible for examining an asylum claim pursuant to Council Regulation (EC) No 343/2003 observed the fundamental rights of the European Union. Article 4 of the Charter of Fundamental Rights of the European Union meant that the member states, including the national courts, could not transfer an asylum seeker to the ‘member state responsible’ within the meaning of the Regulation where they could not be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that member state amounted to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment within the meaning of that provision.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Murder victim’s family cannot be told killer’s immigration status – Daily Telegraph

Posted December 21st, 2011 in data protection, families, immigration, murder, news, privacy, victims by tracey

“The family of a former public schoolboy gunned down in a pub have been refused in their request to find out if his killer was in the country legally – to protect his privacy.”

Full story

Daily Telegraph, 21st December 2011

Source: www.telegraph.co.uk

Minister blames courts for releasing foreign criminals – Daily Telegraph

Posted December 20th, 2011 in deportation, human rights, immigration, news, recidivists by tracey

“Damian Green, the immigration minister, blamed judges after new figures revealed that nine in 10 overseas criminals who should have been sent home but are currently free in the UK. Separate figures showed the number of foreign offenders successfully removed from the UK fell by nearly a fifth last this year.”

Full story

Daily Telegraph, 20th December 2011

Source: www.telegraph.co.uk

Pagan wins ‘family life’ human rights case – Daily Telegraph

Posted December 19th, 2011 in families, human rights, immigration, married persons, news, polygamy by tracey

“An American woman who worships Norse gods has won the right to stay in Britain because of her ‘family life’ with her boyfriend and his wife.”

Full story

Daily Telegraph, 18th December 2011

Source: www.telegraph.co.uk

Lax UK border controls attacked in report – Daily Telegraph

Posted December 19th, 2011 in immigration, married persons, news by tracey

“A woman was allowed into the UK to live with a partner she claimed she had met on the internet despite being unable to prove that she had ever even spoken to him, a report into the UK Border Agency (UKBA) reveals.”

Full story

Daily Telegraph, 18th December 2011

Source: www.telegraph.co.uk