Home Office to reopen immigration detention centres with £399m deal – The Guardian

Posted September 28th, 2022 in asylum, detention, government departments, immigration, news by sally

‘The Home Office plans to open two immigration detention centres to detain 1,000 male asylum seekers in a scheme which is projected to cost £399m.’

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The Guardian, 26th September 2022

Source: www.theguardian.com

Home Office U-turn over deportation of Albanian asylum seekers – The Guardian

Posted September 27th, 2022 in deportation, government departments, immigration, news by sally

‘The Home Office has conceded that it does not have the right to fast-track the deportation of Albanian asylum seekers after their arrival in the UK, in an abrupt policy U-turn.’

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The Guardian, 26th September 2022

Source: www.theguardian.com

Local authority duties towards unaccompanied asylum seeking children – Local Government Lawyer

Posted September 12th, 2022 in asylum, children, immigration, local government, news, statutory duty by tracey

‘Bronwen Jones and Samina Iqbal of Goldsmith Chambers provide comprehensive and up to date legal information covering the duties of local authorities towards asylum-seeking children.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court Confirms Correct Approach to Deportation Cases – UK Human Rights Blog

‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’

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UK Human Rights Blog, 6th September 2022

Source: ukhumanrightsblog.com

Liz Truss: The New Prime Minister’s Human Rights Record – Each Other

‘Liz Truss has just been voted by Conservative peers and members to be the next prime minister. The former secretary of state for foreign, commonwealth and development affairs has a track record of voting against human rights progression in the UK and as prime minister will be involved in policy decisions that will radically change rights protections. The first targets? Replacing the Human Rights Act (HRA) with a Bill of Rights and potentially withdrawing from the European Convention on Human Rights.’

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Each Other, 5th September 2022

Source: eachother.org.uk

Needs, not wishes – Housing Needs Assessments and Personal Housing Plans – Nearly Legal

Posted September 5th, 2022 in asylum, homelessness, housing, immigration, judicial review, local government, news, refugees by tracey

‘ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin). This was a judicial review of what was claimed to be Havering’s failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under section 189A Housing Act 1996.’

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Nearly Legal, 4th September 2022

Source: nearlylegal.co.uk

High Court challenge over Rwanda policy due to start – The Independent

‘A High Court challenge against the Government’s plan to deport some asylum seekers to Rwanda is set to begin.’

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The Independent, 5th September 2022

Source: www.independent.co.uk

Local authority age assessments considered in R (HAM) v Brent LBC – EIN Blog

Posted September 2nd, 2022 in asylum, children, immigration, judicial review, local government, news, young persons by tracey

‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’

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EIN Blog, 1st September 2022

Source: www.ein.org.uk

Rwanda flight migrants include torture victims, say doctors – BBC News

‘A detailed clinical review of the backgrounds of asylum seekers likely to be sent to Rwanda has found many may have been tortured.’

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BBC News, 1st September 2022

Source: www.bbc.co.uk

Immigrants And Asylum Seekers Locked In Cells For Up To 24 hrs Without Legal Representation – Each Other

Posted August 31st, 2022 in asylum, detention, immigration, legal representation, news, prisons by sally

‘People held in Immigration Removal Centres (IRC) have long been entitled to 30 minutes of free immigration legal advice but this does not extend to people held under the immigration act in prisons.’

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Each Other, 30th August 2022

Source: eachother.org.uk

Only 21 foreign nationals removed from UK under post-Brexit asylum rules – BBC News

Posted August 26th, 2022 in asylum, brexit, deportation, government departments, immigration, news, statistics by tracey

‘Only 21 foreign nationals have been removed from the UK under post-Brexit “inadmissibility” rules on asylum, Home Office figures show.’

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BBC News, 25th August 2022

Source: www.bbc.co.uk

Upper Tribunal Rejects Points-Based Approach to Article 8 Proportionality Assessment – EIN Blog

‘Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining effective immigration control by removing a foreign national to their country of origin.’

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EIN Blog, 23rd August 2022

Source: www.ein.org.uk

Local authority age assessments considered in R (HAM) v Brent LBC – UK Human Rights Blog

Posted August 23rd, 2022 in asylum, children, human rights, immigration, judicial review, local government, news by sally

‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’

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UK Human Rights Blog, 22nd August 2022

Source: ukhumanrightsblog.com

Poorly drafted long residence rules lead to avoidable litigation – EIN Blog

Posted August 22nd, 2022 in appeals, drafting, immigration, news, statutory interpretation, time limits, visas by tracey

‘R (Iyieke) v Secretary of State for the Home Department [2022] EWCA Civ 1147 (11 August 2022). The Court of Appeal has held that Mr Victormills Onyekachi Iyieke, who had applied for indefinite leave to remain (“ILR”) on the ground of 10 years’ continuous lawful residence in the UK and who had a period of overstaying in 2014 “book-ended” by periods of leave was not able to rely on paragraph 276B(v) of the Immigration Rules. It is notable that current overstaying and previous overstaying between periods of leave are referred to as “open-ended” and “book-ended” overstaying. Furthermore, the Court of Appeal observed that under paragraph 276B(v) a period of overstaying between periods of leave was disregarded where the previous application was made before 24 November 2016 and within 28 days of the expiry of leave. Mr Iyieke had made an application within 28 days of the expiry of his leave in 2014—that was unsuccessful and he was later granted temporary admission on other grounds. In paragraph 276B(v), “the previous application” could not refer to any unsuccessful application made in a period of book-ended leave before 24 November 2016. The reference was to “the” previous application and not “a” previous application and “the” previous application had to have resulted in a period of leave. Mr Iyieke had a post-study work visa which expired on 9 August 2014. He applied for leave to remain on 2 September 2014, which was within 24 days of the expiry of his post-study work visa.’

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EIN Blog, 18th August 2022

Source: www.ein.org.uk

Priti Patel signs landmark returns deal with Pakistan – Home Office

Posted August 19th, 2022 in criminal justice, deportation, government departments, immigration, news, Pakistan by tracey

‘New agreement to remove Pakistani nationals with no legal right to remain in the UK, including criminals, failed asylum seekers and immigration offenders.’

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Home Office, 17th August 2022

Source: www.gov.uk

UK Spouse Visa Requirements and How to Apply – Family Law

Posted August 19th, 2022 in families, immigration, news, visas by tracey

‘The UK Spouse Visa is for partners of British or Irish citizens, persons with indefinite leave to remain in the UK, refugee leave or humanitarian protection or limited leave to remain under Appendix EU or Appendix ECAA, who wish to join, or stay with, their husband or wife in the UK. You can also apply for a UK Spouse Visa if your Spouse is outside the UK, but is intending to return to the UK with you.’

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Family Law, 19th August 2022

Source: www.familylaw.co.uk

High Court rejects challenge to SDT case management decisions – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) was right not to order the Solicitors Regulation Authority (SRA) to seek information from the BBC on behalf of a solicitor facing prosecution, the High Court has ruled.’

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Legal Futures, 15th August 2022

Source: www.legalfutures.co.uk

My son with schizophrenia was ‘unlawfully deported’ to Jamaica – BBC News

‘The family of a man with schizophrenia is taking legal action against the Home Office for allegedly unlawfully deporting him to Jamaica.’

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BBC News, 13th August 2022

Source: www.bbc.co.uk

High Court judge issues ruling on fairness of age assessment procedure – Local Government Lawyer

Posted August 5th, 2022 in asylum, children, immigration, local government, news, social services by tracey

‘The High Court has found against the London Borough of Brent in a case concerning the age of an asylum seeker even though Mr Justice Swift said the council’s conduct was “not an error of the most serious nature”.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Asylum seekers in UK waiting more than six months for decision must be allowed to work, UN says – The Independent

Posted August 5th, 2022 in asylum, delay, employment, forced labour, government departments, immigration, news by tracey

‘The government must allow the 70,000 asylum seekers waiting more than six months for a decision to work to stop them from being exploited and drawn into modern slavery, the UN Refugee Agency (UNHCR) has said.’

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The Independent, 4th August 2022

Source: www.independent.co.uk