Braverman acting unlawfully over asylum seeker support, high court finds – The Guardian

Posted December 19th, 2022 in asylum, benefits, government departments, immigration, news, refugees by sally

‘The home secretary is acting unlawfully in failing to ensure the rate of support for more than 50,000 asylum seekers is adequate by not implementing an increase of almost £5 a week recommended by officials, the high court has found.’

Full Story

The Guardian, 17th December 2022

Source: www.theguardian.com

Naturalisation applications by EU citizens and their family – EIN Blog

Posted December 16th, 2022 in brexit, citizenship, EC law, families, immigration, news by sally

‘For those who have obtained settlement (indefinite leave to remain) in the UK, the next stage is often to naturalise as a British citizen. Many of those who seek to naturalise are nationals of EU countries, or their family members, who began their residence in the UK prior to Brexit and obtained residence rights on that basis. Issues and uncertainties can arise during a naturalisation application which are specific to EU and EEA citizens, and below we take a look at the most common of these.’

Full Story

EIN Blog, 13th December 2022

Source: www.ein.org.uk

Current ‘unreasonable delays’ in the Home Office decision making process – EIN Blog

Posted December 1st, 2022 in delay, government departments, immigration, news, visas by sally

‘Immigration practitioners today will be worryingly frustrated, alongside their clients, with the ever-increasing delays for average visa processing times made in-country or out-country by the Home Office.’

Full Story

EIN Blog, 30th November 2022

Source: www.ein.org.uk

Child asylum seekers detained as adults after UK Home Office ‘alters birth dates’ – The Guardian

‘The Home Office is routinely changing the dates of birth of unaccompanied child asylum seekers to classify them as adults, according to experts who say the practice is now happening on a “horrifying scale”.’

Full Story

The Guardian, 27th November 2022

Source: www.theguardian.com

Painful lessons about the duty of candour (more on the unlawful seizure of migrants’ mobiles) – UK Human Rights Blog

‘In this first Judgment, the Court analysed powers granted by the Immigration Acts 1971 and 2016 and rejected the Defendant’s erroneous interpretation of the relevant statutory provisions. It then made consequential orders (also reported) including steps to publicise its ruling, given that over 400 phones, still held, could not be linked to any individual migrant.’

Full Story

UK Human Rights Blog, 21st November 2022

Source: ukhumanrightsblog.com

The UK asylum backlog and increased use of immigration detention are negatively impacting children’s welfare – EIN Blog

‘Children and their parents make up a significant part of the population seeking asylum in the UK, but this receives limited attention in public discourse. Ilona Pinter draws on the UK government’s data, alongside additional research, to explore how children and families are being affected by the growing asylum backlog and the increasing use of immigration detention.’

Full Story

EIN Blog, 22nd November 2022

Source: www.ein.org.uk

Council threatens Home Office with judicial review after third hotel used to house asylum seekers – Local Government Lawyer

‘Torbay Council has issued a second pre-proceedings letter for a judicial review of the Home Office’s plan to block-book a third hotel in the area in order to accommodate asylum seekers.’

Full Story

Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

UK citizenship appeal by Shamima Begum to begin – The Independent

‘Shamima Begum is set to begin her appeal over the removal of her UK citizenship.’

Full Story

The Independent, 21st November 2022

Source: www.independent.co.uk

Refusals on ‘Not Conducive to the Public Good’ Grounds – EIN Blog

Posted November 18th, 2022 in burden of proof, government departments, immigration, news, public interest by sally

‘Where an individual’s presence in the UK is non-conducive to the public good, Part 9 of the Immigration Rules sets out that this is a mandatory ground for refusal or cancellation under the suitability requirements. This applies to applications for entry clearance, permission to enter and permission to stay.
Presence in the UK being non-conducive to the public good can also constitute a reason to deprive an individual of their British citizenship. This is set out in further detail in our earlier post here. However, the deprivation of citizenship is provided for separately under section 40(4) of the British Nationality Act 1981.’

Full Story

EIN Blog, 14th November 2022

Source: www.ein.org.uk

Frederick Cowell: The Three Eras of Opposition to the Human Rights Act – UK Constitutional Law Association

‘Before it entered the statute books, before it even had been brought to Parliament, the Human Rights Act (HRA) was subject to opposition which was to only strengthen over time. The nature of that opposition has varied since the publication of White Paper Rights Brought Home in October 1997, but it has served as a vehicle, and site of contestation, for many constitutional debates and disagreements over the past quarter century. Opposition to the HRA is also a reflection of broader social change in British society in the twenty-first century and this understanding is key to any analysis of contemporary proposals for reform.’

Full Story

UK Constitutional Law Association, 14th November 2022

Source: ukconstitutionallaw.org

Thousands of asylum seekers ‘in limbo’ waiting years for Home Office decision – The Independent

Posted November 14th, 2022 in asylum, delay, government departments, housing, immigration, news, refugees, statistics by sally

‘Tens of thousands of migrants are waiting more than a year for a decision on their asylum claim, with hundreds waiting over five years, figures show.’

Full Story

The Independent, 14th November 2022

Source: www.independent.co.uk

UK’s treatment of asylum seekers must comply with international law, UN says – The Independent

‘The UK should make sure its “treatment of asylum seekers complies with international laws”, members of the United Nations Human Rights Council said.’

Full Story

The Independent, 10th November 2022

Source: www.independent.co.uk

UK rolling back efforts to tackle modern slavery, charity says – The Guardian

‘The UK has been accused of “rolling back” moves to tackle modern slavery before a UN review of its human rights record on Thursday.’

Full Story

The Guardian, 8th November 2022

Source: www.theguardian.com

The small boats storm and the unlawful seizure of mobile phones – UK Human Rights Blog

‘The storm raging around small boats arriving on the south coast has been brewing for some time. In early summer the focus was a policy to send arrivals to Rwanda. Intervention by the European Court of Human Rights effectively suspended flights while a domestic ruling on the policy’s legality is awaited. Meanwhile, in Dover a migrant processing centre has been firebombed, another is dangerously overcrowded, and the new Home Secretary raises tensions by speaking of an “invasion”.’

Full Story

UK Human Rights Blog, 4th November 2022

Source: ukhumanrightsblog.com

How Immigration Detention Violates People’s Human Rights – Each Other

‘People held in immigration detention have human rights – just like the rest of us. Under international law and the Human Rights Act 1998 (HRA), people have a right to liberty, a family life, an adequate standard of living and other aspects.’

Full Story

Each Other, 4th November 2022

Source: eachother.org.uk

Age assessment and social media evidence – Local Government Lawyer

Posted November 4th, 2022 in asylum, children, disclosure, immigration, internet, local government, news, young persons by sally

‘The Upper Tribunal has provided guidance on social media evidence in age assessment cases. Donnchadh Greene examines its ruling.’

Full Story

Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

The Number of People Held in Prison Waiting To be Transferred to Immigration Centres has Tripled – Each Other

Posted November 2nd, 2022 in detention, human rights, immigration, legal advice, legal aid, news, prisons, statistics by sally

‘While the number of people held in Immigration Removal Centres (IRC) fell as a result of the pandemic, the number of people detained in prisons for immigration reasons increased. A freedom of information response obtained by the charity Bail for Immigration Detainees (BID) has revealed a concerning rise in the numbers of people held in prisons under immigration powers, awaiting transfers to an IRC.’

Full Story

Each Other, 2nd November 2022

Source: eachother.org.uk

Child slave’s cannabis farm conviction overturned – BBC News

‘A man’s cannabis growing conviction has been overturned after it was found he was compelled to commit the crime as a modern slavery victim when he was 17.’

Full Story

BBC News, 28th October 2022

Source: www.bbc.co.uk

GPS tagging migrants ‘psychological torture’, says report – The Guardian

‘Lawyers and charities have called for controversial electronic tagging of migrants to be scrapped, describing it in a new report as a form of “psychological torture”.’

Full Story

The Guardian, 31st October 2022

Source: www.theguardian.com

Newport: Three sentenced for enslaving vulnerable man – BBC News

Posted October 31st, 2022 in forced labour, immigration, imprisonment, news, sentencing by sally

‘Two men have been jailed and a woman has received a suspended sentence for enslaving a vulnerable man.’

Full Story

BBC News, 28th October 2022

Source: www.bbc.co.uk