Detention centre deaths spark police investigations – The Guardian

Posted August 9th, 2011 in death in custody, immigration, news by sally

“Separate investigations into three deaths in immigration removal centres (IRC) in the past month have been launched by the police, amid growing concern about the treatment of detainees.”

Full story

The Guardian, 5th August 2011

Source: www.guardian.co.uk

Oguz v Secretary of State for the Home Department (Centre for Advice on Individual Rights in Europe intervening) – WLR daily

Posted July 29th, 2011 in appeals, EC law, immigration, law reports, self-employment by tracey

Oguz v Secretary of State for the Home Department (Centre for Advice on Individual Rights in Europe intervening) C-186/10;  [2011] WLR (D)  259

“Article 41(1) of the Additional Protocol, signed on 23 November 1970 at Brussels and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 (OJ 1973 C 113 p17), had to be interpreted as meaning that it could be relied on by a Turkish national who, having leave to remain in a member state on condition that he did not engage in any business or profession, nevertheless entered into self-employment in breach of that condition and later applied to the national authorities for further leave to remain on the basis of the business which he had meanwhile established.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

MoJ concession on immigration domestic violence cases – Law Society’s Gazette

Posted July 27th, 2011 in bills, budgets, domestic violence, immigration, legal aid, news by tracey

“Lawyers have welcomed the justice minister’s concession to put some immigration domestic violence cases back within the scope of legal aid.”

Full story

Law Society’s Gazette, 27th July 2011

Source: www.lawgazette.co.uk

Immigration: ban on husband who cannot speak English is a breach of human rights, court told – Daily Telegraph

Posted July 27th, 2011 in families, human rights, immigration, news, race discrimination by tracey

“A new immigration rule requiring people to be able to speak English to move to the UK to be with their spouse is a breach of human rights, a court heard yesterday.”

Full story

Daily Telegraph, 27th July 2011

Source: www.telegraph.co.uk

Rape and torture victims turned away from collapsed advice service – Law Society’s Gazette

Posted July 18th, 2011 in immigration, Immigration Advisory Service, news, rape, torture, victims by sally

“Rape and torture victims were turned away from the collapsed Immigration Advisory Service last week, a former employee has told the Gazette.”

Full story

Law Society’s Gazette, 18th July 2011

Source: www.lawgazette.co.uk

Government launches consultation on family migration – UK Border Agency

Posted July 14th, 2011 in consultations, families, forced marriages, immigration, press releases by tracey

“The government has today announced proposals to crack down on sham and forced marriages, as part of a new consultation on better family migration.”

Full press release

UK Border Agency, 13th July 2011

Source: www.ukba.homeoffice.gov.uk

UK judges make it harder to deport criminals, minister warns – Daily Telegraph

Posted July 13th, 2011 in deportation, families, human rights, immigration, news by tracey

“Damian Green, the immigration minister, said he was ‘frustrated’ that domestic courts were taking a tougher line on Europe’s human rights laws than the European Court itself. The row centres on the growing instances when convicted criminals have successfully used the right to family life to avoid deportation. It emerged that the European Court of Human Rights (ECHR) allows for a removal unless there is an ‘insurmountable obstacle’ preventing the family from leaving too.”

Full story

Daily Telegraph, 13th July 2011

Source: www.telegraph.co.uk

Immigrant relatives face five-year wait to claim benefits – The Guardian

Posted July 13th, 2011 in benefits, families, human rights, immigration, news by tracey

“Family members from outside Europe who come to join close relatives settled in Britain are expected to be denied access to welfare benefits for up to five years under further plans to cut annual net migration to be detailed on Wednesday.”

Full story

The Guardian, 13th July 2011

source: www.guardian.co.uk

Tens of thousands lose support as Immigration Advisory Service closes – The Guardian

Posted July 11th, 2011 in budgets, immigration, Immigration Advisory Service, legal aid, news by sally

“Tens of thousands of people pursuing asylum and immigration cases have been left without support after the Immigration Advisory Service, a charity, went into unannounced administration, blaming government changes to legal aid.”

Full story

The Guardian, 11th July 2011

Source: www.guardian.co.uk

Illegal migrants can enter UK without a passport – Daily Telegraph

Posted July 8th, 2011 in immigration, news, passports by tracey

“Robert Halfon MP claimed that he had uncovered a way for people to enter the UK without their passports being checked.Immigration and special branch officers had complained that extremists were able to use a ‘Common Area Travel Channel’ which allows people access to this country without their passports being checked, he said.”

Full story

Daily Telegraph, 6th July 2011

Source: www.telegraph.co.uk

Media needs to get facts straight on immigrants’ rights – The Guardian

Posted July 7th, 2011 in consultations, families, immigration, media, news by sally

“The news that the government is about to undertake a public consultation on family reunion policies for immigrants has been greeted with a barrage of inaccurate media reports. This is especially true when it comes to reporting on the current state of play in UK law and the use of article 8 of the European Convention on Human Rights (ECHR), which sets out a right to privacy and family life.”

Full story

The Guardian, 6th July 2011

Source: www.guardian.co.uk

Jamaican lesbian can stay in UK, tribunal rules – BBC News

Posted July 6th, 2011 in appeals, immigration, news, refugees, sexual orientation discrimination by sally

“A Jamaican lesbian has won the right to stay in the UK after immigration judges ruled she risks persecution if she returns to her home country.”

Full story

BBC News, 6th July 2011

Source: www.bbc.co.uk

Theresa May acts over banned activist in UK – The Independent

Posted June 30th, 2011 in immigration, news by sally

“Home Secretary Theresa May ordered an investigation today after a leading Palestinian activist accused of a history of ‘virulent anti-semitism’ entered the UK despite being banned.”

Full story

The Independent, 29th June 2011

Source: www.independent.co.uk

IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same – WLR Daily

Posted June 24th, 2011 in appeals, deportation, human rights, immigration, law reports by sally

IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same [2011] EWCA Civ 704; [2011] WLR (D) 206

“In national security deportation and exclusion cases before the Special Immigration Appeals Commission foreign nationals were entitled to the standard of procedural fairness contained in the Special Immigration Appeals Commission (Procedure) Rules 2003, neither more nor less.”

WLR Daily, 21st June 2011

Source: www.iclr.co.uk

Immigration detainees held for ‘excessively long’ periods – watchdog – The Guardian

Posted June 17th, 2011 in detention, immigration, news by sally

“Ministers have been warned by an official immigration watchdog of the ‘excessively long’ periods, including cases of more than three years, that detainees are being held at Europe’s largest removal centre.”

Full story

The Guardian, 17th June 2011

Source: www.guardian.co.uk

Next set of changes to student visa rules is announced – UK Border Agency

Posted June 14th, 2011 in education, immigration, news, regulations, visas by sally

“The next set of changes to the Immigration Rules affecting Tier 4 – the student tier – of the points-based system has been laid in Parliament today. The changes will come into effect on 4 July 2011.”

Full story

UK Border Agency, 13th June 2011

Source: www.ukba.homeoffice.gov.uk

Regina (Alvi) v Secretary of State for the Home Department – WLR Daily

Posted June 13th, 2011 in appeals, immigration, judicial review, law reports by tracey

Regina (Alvi) v Secretary of State for the Home Department [2011] EWCA Civ 681;  [2011] WLR (D)  190

“When deciding whether to grant leave to remain in the United Kingdom to a non-EEA economic migrant it was not open to the Secretary of State to treat the certificate of sponsorship issued by the migrant’s employer as invalid in reliance on the fact that the migrant’s job fell below the relevant NVQ/SVQ level specified in a separate document published on the UK Border Agency’s website after the laying before Parliament pursuant to section 3(2) of the Immigration Act 1971 of a Statement of Changes in the Immigration Rules; it was the obligation of the Secretary of State to specify the threshold for skilled occupations in the Immigration Rules themselves.”

WLR Daily, 9th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Views on settlement for non-EU workers needed – Home Office

Posted June 13th, 2011 in consultations, immigration, migrant workers, news, visas by tracey

“Migrants coming to work on temporary visas will no longer be able to apply for permanent settlement, under proposals announced today. The current system has meant that almost anyone who has been working in the UK for five years is eligible to apply to stay permanently. Launching a public consultation on reforms to the work routes leading to settlement today, the immigration minister also set out plans to re-classify visas as either ‘temporary’ or ‘permanent’ and introduce stricter criteria for those who want to stay.”

Full press release

Home Office, 9th June 2011

Source: www.homeoffice.gov.uk

Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department – WLR Daily

Posted May 31st, 2011 in appeals, immigration, law reports, state immunity by sally

Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department [2011] EWCA Civ 616; [2011] WLR (D) 183

“The question of who was a head of state such as to attract state immunity was a matter for the Secretary of State for Foreign and Commonwealth Affairs and not for the court. A certificate issued by the Secretary of State under section 21 of the State Immunity Act 1978 was conclusive evidence of the status of a territory for the purposes of Part I of the 1978 Act. The certificate was the only proper means by which the court could, for the purposes of the common law where it continued to apply, inform itself of a territory’s status and of the identity of the head of state.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Kambadzi) v Secretary of State for the Home Department [On appeal from Regina (SK (Zimbabwe)) v Secretary of State for the Home Department] – WLR Daily

Posted May 26th, 2011 in deportation, detention, immigration, law reports, Supreme Court by sally

Regina (Kambadzi) v Secretary of State for the Home Department [On appeal from Regina (SK (Zimbabwe)) v Secretary of State for the Home Department] [2011] UKSC 23; [2011] WLR (D) 175

“In addition to complying with the statutory requirements for detaining a foreign national who was awaiting deportation from the United Kingdom, the Secretary of State was also required to comply with the published Home Office policy relating to the detention of such persons. A failure to conduct regular reviews as required by the published policy rendered the continued detention of a foreign national unlawful so as entitle him to damages for false imprisonment.”

WLR Daily, 25th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.