Category: immigration

The zombie law: 3C leave and long residence – 5SAH

Posted November 4th, 2021 in appeals, immigration, legislative drafting, news, regulations, time limits by sally

‘The “labyrinthine structure and idiosyncratic drafting” of the Immigration Rules (the Court of Appeal’s words, not mine), sometimes makes it difficult to divine the meaning and purpose of UK immigration laws. This is perhaps never more true than in the case of 3C leave. In the recent decisions of Akinola and Hoque, the Court of Appeal has been attempting to makes sense of the situation and what it means for 10-year long residence applications.’

Full Story

5SAH, 20th October 2021

Source: www.5sah.co.uk

Supreme Court reaffirms, in the bail context, the constitutional principle that judicial orders must be obeyed unless and until set aside – Garden Court Chambers

Posted November 3rd, 2021 in appeals, bail, chambers articles, government departments, immigration, judicial review, news, rule of law, Supreme Court by sally

‘The Supreme Court has handed down judgment this morning in a case of “constitutional importance” concerning the Home Office’s non-compliance with a tribunal bail order.’

Full Story

Garden Court Chambers, 20th October 2021

Source: www.gardencourtchambers.co.uk

Home Office must rethink ‘regressive’ plans to use X-ray asylum seekers for age assessments, say charities – The Independent

Posted November 1st, 2021 in asylum, bills, charities, children, deportation, detention, government departments, identification, immigration, news, x-rays by tracey

‘The Home Office must rethink its “regressive and unethical” plans to use scientific methods such X-rays to age assess asylum seekers, a coalition of children’s charities has warned.’

Full Story

The Independent, 1st November 2021

Source: www.independent.co.uk

Council decision to keep asylum seekers who were putative children in hotel accommodation was unlawful, High Court rules – Local Government Lawyer

Posted October 28th, 2021 in asylum, children, fines, harassment, housing, immigration, local government, London, news, parliament, sentencing, Supreme Court, threatening behaviour by sally

‘The London Borough of Brent breached its section 20 duties under the Children Act 1989 when it chose not to provide proper accommodation to unaccompanied asylum seekers while awaiting an assessment of their age, a High Court judge has ruled.’

Full Story

Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court considers asylum claim decided under quashed fast track rules – UK Human Rights Blog

Posted October 27th, 2021 in appeals, asylum, human rights, immigration, news, Supreme Court by sally

‘In 2015, the Court of Appeal found that the fast-track procedure rules for appeals against the refusal of some types of asylum claim (the FTR) was “structurally unfair, unjust and ultra vires” (R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840; [2015] 1 WLR 5341, known as DA6). The Court of Appeal quashed the FTR because this structural unfairness “created a risk that the applicants would have inadequate time to obtain advice, marshall their evidence and properly present their cases”, which “created an unacceptable risk of unfairness in a significant number of cases”.’

Full Story

UK Human Rights Blog, 26th October 2021

Source: ukhumanrightsblog.com

Human rights applications and statutory rights to appeal – the domestic abuse context – EIN Blog

Posted October 27th, 2021 in appeals, families, government departments, human rights, immigration, news by sally

‘For a while now, the case of MY (Pakistan) [2021] EWCA Civ 1500 has been pending before the Court of Appeal. The appealed decision, made by the Upper Tribunal (IAC) on 17 February 2020, removed the right to a statutory appeal where the Home Office had not considered any human rights arguments raised in an immigration application.’

Full Story

EIN Blog, 26th October 2021

Source: www.ein.org.uk

Young Hong Kongers who fled police brutality ‘languishing’ in UK asylum system due to arbitrary age cut-off – The Independent

Posted October 25th, 2021 in asylum, citizenship, government departments, Hong Kong, immigration, news, visas, young persons by tracey

‘Young Hong Kong nationals who fled police brutality are “languishing” in the UK asylum system because they are arbitrarily excluded from a Home Office settlement route due to their age.’

Full Story

The Independent, 24th October 2021

Source: www.independent.co.uk

New Judgment: R (on the application of Majera (formerly SM (Rwanda)) (AP) v Secretary of State for the Home Department [2021] UKSC 46 – UKSC Blog

Posted October 21st, 2021 in bail, deportation, detention, immigration, news, release on licence, Supreme Court by sally

‘The Appellant is a national of Rwanda who had been granted indefinite leave to remain in the United Kingdom. After being convicted of serious criminal offences in 2006, he received a sentence of imprisonment and in 2012 was made the subject of a deportation order which has never been implemented. When he was later released on licence, the Secretary of State decided that The Appellant should be detained under paragraph 2 of Schedule 3 to the Immigration Act 1971 (“the 1971 Act”), pending his removal or departure from the United Kingdom.’

Full Story

UKSC Blog, 20th October 2021

Source: ukscblog.com

New Judgment: R (on the application of Majera (formerly SM (Rwanda)) v Secretary of State for the Home Department – EIN Blog

Posted October 21st, 2021 in bail, deportation, detention, immigration, news, release on licence, Supreme Court by sally

‘The Appellant is a national of Rwanda who had been granted indefinite leave to remain in the United Kingdom. After being convicted of serious criminal offences in 2006, he received a sentence of imprisonment and in 2012 was made the subject of a deportation order which has never been implemented. When he was later released on licence, the Secretary of State decided that The Appellant should be detained under paragraph 2 of Schedule 3 to the Immigration Act 1971 (“the 1971 Act”), pending his removal or departure from the United Kingdom.’

Full Story

EIN Blog, 20th October 2021

Source: www.ein.org.uk

Upper Tribunal decides modified Paposhvili test applies to mental illness/risk of suicide cases – EIN Blog

Posted October 18th, 2021 in appeals, deportation, government departments, human rights, immigration, mental health, news, suicide, tribunals by tracey

‘In MY (Suicide risk after Paposhvili) Occupied Palestinian Authority [2021] UKUT 232 (IAC) (23 August 2021), the Upper Tribunal made it clear from the outset that the appellant’s appeal was allowed on Article 3 health grounds, which was the determinative issue in the appeal.’

Full Story

EIN Blog, 15th October 2021

Source: www.ein.org.uk

Last-minute legal claims brought by deportees due to ‘shambolic’ advice system in detention, lawyers warn – The Independent

Posted October 18th, 2021 in asylum, deportation, detention, government departments, immigration, legal representation, news by tracey

‘Last-minute legal claims are being brought by people facing deportation due to the “shambolic” legal advice system in removal centres, lawyers have warned.’

Full Story

The Independent, 17th October 2021

Source: www.independent.co.uk

Thousands of potential trafficking victims held in immigration centres, data shows – The Guardian

Posted October 18th, 2021 in bills, detention, government departments, immigration, news, statistics, trafficking in human beings, victims by tracey

‘More than 4,500 people have been held in immigration detention in England and Wales before being released into the community and only then identified as potential victims of trafficking, official figures for the past five years show.
Charities claim the figures demonstrate a “detain first, ask later” attitude that runs counter to the fight against modern slavery and suggest others are probably being deported without having been referred for support. They fear the situation will be exacerbated by the nationality and borders bill, which they say makes it harder to identify victims.’

Full Story

The Guardian, 18th October 2021

Source: www.theguardian.com

Yacht skipper jailed following Border Force sea interception – Home Office

Posted October 15th, 2021 in immigration, imprisonment, news, sentencing, trafficking in human beings by tracey

‘A Dutch national who was caught in the process of sneaking 9 Albanian nationals into the UK in a sailing vessel has been jailed.’

Full Story

Home Office, 13th October 2021

Source: www.gov.uk

Trafficking victims should be granted leave to remain in UK, high court rules – The Guardian

Posted October 13th, 2021 in asylum, deportation, government departments, immigration, news, trafficking in human beings, victims, visas by tracey

‘Thousands of victims of trafficking who have been left to languish in the immigration system for years should be granted leave to remain, the high court has said in a landmark ruling.’

Full Story

The Guardian, 12th October 2021

Source: www.theguardian.com

Crimes of Arrival in the Nationality and Borders Bill – EIN Blog

Posted October 7th, 2021 in asylum, bills, immigration, international law, news, treaties by sally

‘The Nationality and Borders Bill further criminalises people coming to the UK to seek asylum. It does so by switching the emphasis from “entering” the UK to “arriving” in the UK. The difference is significant. Together with a combination of other powers, it means that people can be stopped from crossing the English Channel in small boats and turned away for criminal behaviour. If by luck they land on the English coastline, they can be prosecuted. But many such people will be asylum seekers, with a right to come to the UK and seek asylum. The proposal ignores the provision of the Refugee Convention (Article 31) that prohibits penalties being imposed on Refugees who enter or are present in a country without authorisation. The result is incompatible with UK international commitments.’

Full Story

EIN Blog, 6th October 2021

Source: www.ein.org.uk

Non-practising barrister fined for calling herself “barrister-at-law” – Legal Futures

Posted October 6th, 2021 in barristers, disciplinary procedures, fines, immigration, news, professional conduct by sally

‘A non-practising barrister has been reprimanded and for describing herself as a “barrister-at-law” on emails, telling a client she could represent her and taking money to submit an immigration application.’

Full Story

Legal Futures, 6th October 2021

Source: www.legalfutures.co.uk

If my child is British, can I stay in the UK? – EIN Blog

Posted October 4th, 2021 in children, families, immigration, news, parental responsibility, visas by tracey

‘If you are a foreign national with a British child and have made the decision to move to the UK, it is vital that you understand the immigration options available to you. Under the UK’s immigration rules, the principal visa route for foreign nationals who want to join their family members is outlined in detail in Appendix FM (FM stands for “family members”). This popular immigration route is intended for anyone who wishes to come to the UK on the basis of their family life with a British national or a person who has settled permanently in the UK. In this article, we will explain how a foreign national with a British child can stay in the UK by applying through the family member (FM) route.’

Full Story

EIN Blog, 1st October 2021

Source: www.ein.org.uk

Home Office resisting calls to let asylum seekers work in the UK – The Guardian

Posted October 1st, 2021 in asylum, employment, government departments, immigration, news, statistics by tracey

‘Priti Patel’s department is resisting growing demands to allow asylum seekers to work following a public intervention from her cabinet colleague Dominic Raab to say that he would be “open-minded’ about the proposal.’

Full Story

The Guardian, 30th September 2021

Source: www.theguardian.com

New Judgment: R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41 – UKSC Blog

Posted September 24th, 2021 in appeals, asylum, government departments, immigration, news, religious discrimination, Supreme Court, Vietnam by sally

‘The Supreme Court unanimously dismissed this appeal concerning the effect of structural unfairness in the Fast Track Procedure 2005 on individual appeal determinations.’

Full Story

UKSC Blog, 22nd September 2021

Source: ukscblog.com

New Judgment: R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41 – EIN Blog

Posted September 24th, 2021 in appeals, asylum, government departments, immigration, news, religious discrimination, Supreme Court, Vietnam by sally

‘The Supreme Court unanimously dismissed this appeal concerning the effect of structural unfairness in the Fast Track Procedure 2005 on individual appeal determinations.’

Full Story

EIN Blog, 22nd September 2021

Source: www.ein.org.uk