‘The UN’s refugee chief in London has said the introduction of the new nationality and borders bill could criminalise Afghan people who manage to escape the Taliban.’
The Guardian, 14th September 2021
Source: www.theguardian.com
‘R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021). In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time appeal against the refusal of an application to vary limited leave to remain, the original leave was revived under section 3C(2)(c) of the Immigration Act 1971 with future effect from the time when the appeal was instituted. The appeal was instituted and became a pending appeal within section 3C(2)(c) when the notice of appeal was filed, not the date when the extension of time was granted. The Court of Appeal found that the withdrawal of a decision did not have the consequence of causing leave to be extended retroactively under section 3C from the date of the decision. Three conjoined appeals, namely those of Ms Akinola, Mr Abbas and Mr Anwar, raised issues about the interpretation and effect of section 3C which provides for the extension of immigration leave in certain defined circumstances. Of key importance was the position under section 3C where an application has been made to vary existing leave, the application has been refused by a decision of the SSHD, and later (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the decision-maker withdraws and/or reconsiders the decision. The issues arose in the context of applications under paragraph 276B of the Immigration Rules for Indefinite Leave to Remain (ILR) on the ground of long residence.’
EIN Blog, 13th September 2021
Source: www.ein.org.uk
‘What does international law say about turning back migrants at sea, and can “pushback” tactics be used safely and legally?’
House of Commons Library, 13th September 2021
Source: commonslibrary.parliament.uk
‘The UK government is facing legal action over its failure to respond to requests for help from a progressive female Afghan MP and a leading woman judge who are both in hiding in Afghanistan and fearing for their lives.’
The Independent, 3rd September 2021
Source: www.independent.co.uk
‘On 22 October 2020, the Home Office published a Statement of Changes to update the UK’s Immigration Rules (the rules), as part of the post-Brexit immigration changes. The reforms included a new discretionary ground for refusal or cancellation of permission to stay for those individuals in the UK on a temporary basis, found sleeping rough.’
5SAH, 10th August 2021
Source: www.5sah.co.uk
‘Switching from one immigration category to another, from inside the UK, is not always straightforward. Certain routes allow you to stay in the UK under the Immigration Rules by switching visa category, whilst others do not. The updated Points-Based System (PBS), introduced at the end of 2020, has opened more visa categories to in-country switching.’
EIN Blog, 17th August 2021
Source: www.ein.org.uk
‘A judge has rejected claims by the wife of a convicted Kazakh businessman that she was overcharged by a London law firm for her asylum application and described the allegations of misconduct she levelled as “regrettable”.’
Legal Futures, 23rd August 2021
Source: www.legalfutures.co.uk
‘Since the end of the Brexit transition period on 31 December 2020, the EU’s Common European Asylum System (CEAS) no longer applies to the UK. The government has now introduced its Nationality and Borders Bill to reform the UK’s asylum system.’
EIN Blog, 12th August 2021
Source: www.ein.org.uk
‘More than half a million European citizens living in the UK are still awaiting a decision over their status six weeks on from the June deadline for the settlement scheme.’
The Independent, 12th August 2021
Source: www.independent.co.uk
‘A man who has been in the UK for nearly 30 years and is believed to have the right to British citizenship under the Windrush scheme is facing deportation to Jamaica in two days.’
The Independent, 10th August 2021
Source: www.independent.co.uk
‘The hours before a controversial Home Office charter flight to Jamaica was due to take off were mired in chaos and confusion as more than a dozen people were removed from the flight after legal challenges. The original Home Office “long list” for the flight is believed to have had 90 names on it. But the fate of the deportation flight hung in the balance on Tuesday evening as only about one tenth remained on the schedule. Tweets from a campaign group in the early hours of Wednesday morning, and flight tracker data, suggested the plane did eventually depart.’
The Guardian, 11th August 2021
Source: www.theguardian.com
‘An Iranian asylum seeker cleared of people smuggling has said he was made a “scapegoat” by British authorities. Fouad Kakaei, who steered a dinghy across the English Channel, was found not guilty at a second trial after appealing against his first conviction.’
BBC News, 11th August 2021
Source: www.bbc.co.uk
‘The Home Office has recorded 70 racist incidents by far-right supporters against asylum seekers in barracks and hotel accommodation, according to a freedom of information response obtained by the Guardian.’
The Guardian, 8th August 2021
Source: www.theguardian.com
‘More than 110 local councils and charities have vowed to boycott a controversial new Home Office policy to deport foreign rough sleepers. Rules that came into effect on 1 January made rough sleeping grounds to cancel or refuse a non-British national’s right to be in the UK.’
The Independent, 8th August 2021
Source: www.independent.co.uk
‘Preparations are being made for the deportation of a number of Jamaican nationals who came to the UK as children, in an apparent reversal of an earlier agreement not to deport people who arrived in this country as minors. A charter flight to Jamaica is scheduled for 11 August, returning several dozen people whose criminal convictions have triggered deportation orders. However, campaigners have protested that it is unreasonable to remove people who have spent a lifetime in the UK to a country where they have no ties.’
The Guardian, 5th August 2021
Source: www.theguardian.com
‘Lawyers are challenging the Home Office policy of deporting people to Vietnam who could be victims of trafficking after the UK sent a second charter flight to the country within a matter of weeks.’
The Guardian, 1st August 2021
Source: www.theguardian.com
‘The Home Office has issued new right-to-work guidance as the Brexit transitional arrangements for EU workers in the UK came to an end on 30 June 2021.’
Law Society's Gazette, 2nd August 2021
Source: www.lawgazette.co.uk
‘A cyclist has been jailed for causing fatal injuries to a pedestrian in a hit-and-run crash.’
BBC News, 29th July 2021
Source: www.bbc.co.uk
‘In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.’
UK Human Rights Blog, 28th July 2021
Source: ukhumanrightsblog.com
‘The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from the UK if no other countervailing factors were present. This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases involving children. In this post we look at recent developments in immigration law regarding applications for leave to remain on the basis of 7 years’ continuous residence as a child.’
Richmond Chambers, 26th July 2021
Source: immigrationbarrister.co.uk
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