‘A migrant fruit picker is suing a British farm in a landmark employment tribunal over claims she was underpaid, worked six-day weeks and had to buy her own protective equipment.’
The Independent, 3rd December 2023
Source: www.independent.co.uk
‘A haulage boss has been jailed today for his involvement in a people-smuggling network linked to the tragic deaths of 39 Vietnamese men, women and children in Essex.’
Crown Prosecution Service, 30th November 2023
Source: www.cps.gov.uk
‘Workers in some public sector jobs will be completely prevented from striking under restrictive rules that may breach international law, parliament’s watchdog on human rights has said.’
The Guardian, 28th November 2023
Source: www.theguardian.com
‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’
EIN Blog, 27th November 2023
Source: www.ein.org.uk
‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’
Oxford Human Rights Hub, 22nd November 2023
Source: ohrh.law.ox.ac.uk
‘On 15 November, the Supreme Court issued its much-awaited judgment in the case of AAA and others v the Home Secretary, commonly referred to as the Rwanda asylum policy case. The decision came notably quickly, almost a month after the case was heard, indicating the Court’s responsiveness to the urgency and the wider public interest surrounding the case. Despite the swift turnaround, the judgment was meticulously formulated, reflecting the serious implications of the case.’
UK Constitutional Law Association, 21st November 2023
Source: ukconstitutionallaw.org
‘Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends to “take the extraordinary step of introducing emergency legislation” which “will enable Parliament to confirm that… Rwanda is safe”.’
UK Constitutional Law Association, 22nd November 2023
Source: ukconstitutionallaw.org
‘Following judicial review proceedings brought by a destitute woman and her one-year-old daughter who were denied access to public funds, the Home Office has published a new policy instruction setting out the circumstances in which no recourse to public funds (‘NRPF’) conditions will be lifted for those on student leave.’
Garden Court Chambers, 10th October 2023
Source: www.gardencourtchambers.co.uk
‘An Albanian woman who acted as a fixer for people smugglers arranging small boat crossings to the UK has been jailed for seven and a half years, the National Crime Agency (NCA) said.’
The Independent, 19th November 2023
Source: www.independent.co.uk
‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’
UK Human Rights Blog, 15th November 2023
Source: ukhumanrightsblog.com
‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’
Garden Court Chambers, 2nd October 2023
Source: www.gardencourtchambers.co.uk
‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’
The Guardian, 15th November 2023
Source: www.theguardian.com
‘The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful.’
EIN Blog, 15th November 2023
Source: www.ein.org.uk
‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’
The Independent, 15th November 2023
Source: www.independent.co.uk
‘The backlog of older cases in the UK asylum system fell by nearly half between July and October, new figures show.’
The Independent, 15th November 2023
Source: www.independent.co.uk
‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’
The Guardian, 16th November 2023
Source: www.theguardian.com
‘The UK’s highest court has ruled the Rwanda asylum policy is unlawful.’
BBC News, 15th November 2023
Source: www.bbc.co.uk
‘Rishi Sunak’s government will discover next Wednesday whether its flagship immigration policy of sending asylum seekers to Rwanda is lawful.’
The Guardian, 9th November 2023
Source: www.theguardian.com
‘The government has ordered an independent inquiry into a migrant mass drowning in the English Channel.’
BBC News, 9th November 2023
Source: www.bbc.co.uk
‘Every police force in England and Wales has reported migrants who are domestic-abuse victims to Immigration Enforcement, new data suggests.’
BBC News, 9th November 2023
Source: www.bbc.co.uk
© Inner Temple Library 2024