‘A migrant rough sleeper is facing eviction from emergency hotel accommodation by a London council because he refuses to return to his home country.’
The Guardian, 12th July 2021
Source: www.theguardian.com
‘Prosecutors and law enforcement agencies have agreed a consistent approach to the handling of cases involving illegal entry to the UK via small boats and lorries.’
Crown Prosecution Service, 8th July 2021
Source: www.cps.gov.uk
‘The Home Office was forced to pay out a record in compensation for wrongful detention under immigration powers last year.’
The Independent, 10th July 2021
Source: www.independent.co.uk
‘Hundreds of people arriving in England in small boats are being immediately detained in immigration removal centres, raising fears of a new, secret Home Office policy to deport them without their asylum claims being properly considered.’
The Guardian, 11th July 2021
Source: www.theguardian.com
‘A group of Fijian-born soldiers who sued the government after being classified as illegal immigrants have been granted leave to remain in the UK, despite losing their legal battle against the Ministry of Defence (MoD) and the Home Office.’
The Guardian, 11th July 2021
Source: www.theguardian.com
‘Migrants who steer dinghies across the English Channel with the sole intention of claiming asylum in port will no longer be prosecuted, the Crown Prosecution Service (CPS) has said.’
The Independent, 8th July 2021
Source: www.independent.co.uk
‘As to the seven year rule saga, the Court of Appeal has held that in a situation where a child whose parents had no entitlement to leave to remain in the UK applied for leave to remain pursuant to paragraph 276ADE(1)(iv) of the Immigration Rules on the basis that they had seven years’ continuous residence and it would not be reasonable to expect them to leave, the starting point is that it would be reasonable to expect them to leave with their parents. Overstayers “NA” and “SB” were a married couple and were Bangladeshi nationals whose children “YS” and “YA” were born in the UK. The family appealed against a decision of the Upper Tribunal upholding the SSHD’s refusal of their application for leave to remain in the UK. In April 2018 the family applied for leave to remain. YS had made his claim under paragraph 276ADE(1)(iv) on the basis that he had lived continuously in the UK for at least seven years and it would not be reasonable to expect him to leave. His parents and brother had no entitlement to remain under the rules but contended that their removal would interfere with their rights pursuant to article 8 of the ECHR. The decision-maker refused all four applications. In May 2019, FTTJ Bart-Smith dismissed the appeals and UTJ Stephen Smith subsequently found an error of law in the FTT’s decision but re-made it by again dismissing the appeal in November 2019.’
EIN Blog, 6th July 2021
Source: www.ein.org.uk
‘The UK government’s hostile environment policy introduced by Theresa May in May 2012 may undermine what is otherwise a successful Covid vaccination programme. This policy designed to make life so unbearable that “unwelcome migrants” would simply be forced to pack their bags and leave because they cannot access employment, healthcare, accommodation etc. could potentially leave unidentifiable swathes of people unable to access the Covid jab.’
EIN Blog, 5th June 2021
Source: www.ein.org.uk
‘The home secretary has announced that migrants seeking to cross the English Channel on small boats, and the people-smugglers enabling them, are to face more severe prison sentence in a bid to deter illegal crossings.’
The Independent, 4th July 2021
Source: www.independent.co.uk
‘Four out of five rejected human trafficking claims challenged in the UK last year were overturned, according to newly obtained figures that have raised concerns that poor decision-making is putting lives at risk.’
The Guardian, 2nd July 2021
Source: www.theguardian.com
‘EU citizens are struggling to apply for post-Brexit settled status as the Home Office reaches “breaking point” coping with a last-minute surge in applications. With three days before the deadline of the EU settlement scheme this Wednesday, campaigners say late applicants are being stuck in online queues as others find it impossible to access advice on the government helpline.’
The Guardian, 26th June 2021
Source: www.theguardian.com
‘The Domestic Abuse Act, which will be implemented later this year, brings in important changes, many of which have been received positively by the sector. These changes will lead to significant developments, enabling frontline professionals to raise awareness and secure protection for survivors of domestic abuse.’
Law Society's Gazette, 21st June 2021
Source: www.lawgazette.co.uk
‘A high court judge has quashed a ruling that said refused asylum seekers who are destitute must be given accommodation during the pandemic until all Covid restrictions are lifted.’
The Guardian, 22nd June 2021
Source: www.theguardian.com
‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’
EIN Blog , 21st June 2021
Source: www.ein.org.uk
‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’
Doughty Street Chambers, 14th June 2021
Source: insights.doughtystreet.co.uk
‘Subject Access Requests (SARs) are an essential tool for individuals and their lawyers, especially when it comes to immigration and nationality law. This post looks at what they are, why they are important, and how to make an Immigration Subject Access Request.’
Richmond Chambers, 9th June 2021
Source: immigrationbarrister.co.uk
‘Controversial immigration reforms that could see lawyers hit with wasted costs looks set to be the centre of a High Court showdown. High-profile firm Duncan Lewis announced yesterday that it has issued judicial review proceedings on behalf of five clients over the Home Office’s New Plan for Immigration consultation, which closed last month.’
Law Society's Gazette, 10th June 2021
Source: www.lawgazette.co.uk
‘If you are an EU national resident in the UK before Brexit you can protect your right of residence. All you need to do is make an application for settled status or pre-settled status. This application is made online and, if you avoid technical difficulties, will take only a few minutes to complete. The deadline is 30 June 2021.’
EIN Blog, 7th June 2021
Source: www.ein.org.uk
‘An employment tribunal has said that it was “deeply concerned” about Home Office contractors who deport people from the UK having used the racist term “cotton pickers” to describe their black colleagues, but threw out a claim of race and disability discrimination.’
The Guardian, 7th June 2021
Source: www.theguardian.com
‘The Home Office made repeated errors that caused a man who had lived in the UK for more than 50 years to be classified as an illegal immigrant and threatened with arrest, prison and forcible removal, the parliamentary ombudsman has found.’
The Guardian, 8th June 2021
Source: www.theguardian.com
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