Category: immigration

Britain First activist faces retrial for alleged assault at hotel housing asylum seekers – The Independent

Posted November 12th, 2021 in assault, asylum, coronavirus, hotels, immigration, news, political parties, retrials by sally

‘Magistrates have set aside the conviction of a Britain First activist accused of assaulting a security guard at a hotel housing asylum seekers. James White, 31, will face a retrial for assault at Coventry Magistrates’ Court on 7 March. He was found guilty of the offence in his absence on Monday, but the conviction was ruled unsafe two days later after his lawyer successfully argued proceedings had gone ahead unfairly.’

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The Independent, 11th November 2021

Source: www.independent.co.uk

Not able to meet the financial requirement of Appendix FM? Do not despair – EIN Blog

Posted November 9th, 2021 in benefits, disabled persons, families, immigration, news, visas by sally

‘Financial requirement for the partner visa is satisfied if the sponsor, the British partner, has income of at least £18,600 per year or if the couple have savings of at least £62,500 (slightly more if there are non-British children to be sponsored in the same application). It is possible to meet the financial requirement through a combination of savings and income. The rules are quite prescriptive about the sources of income and the documentary evidence required in support of the application. The evidential requirement depends on the source of income and one of the most common reasons for refusal of an application is failure to meet the evidential requirement.’

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EIN Blog, 8th November 2021

Source: www.ein.org.uk

Britain First activist convicted of assaulting security guard at hotel housing asylum seekers – The Independent

Posted November 9th, 2021 in assault, asylum, hotels, immigration, news, political parties by sally

‘A Britain First activist has been convicted of assaulting a security guard at a hotel housing asylum seekers.’

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The Independent, 8th November 2021

Source: www.independent.co.uk

HIV patient ‘denied life-saving medication’ in UK detention centre – The Independent

Posted November 8th, 2021 in deportation, detention, government departments, HIV, immigration, Jamaica, mental health, news by sally

‘A man with HIV who was awaiting deportation to Jamaica is being denied life-saving treatment in an immigration detention centre, The Independent has learned. The 42-year-old man relies on daily medication to manage his condition, and says the dosages for his other ailments, schizophrenia and depression, have been reduced by staff at Colnbrook Immigration Centre.’

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The Independent, 6th November 2021

Source: www.independent.co.uk

Priti Patel’s immigration bill will make it harder to prosecute human traffickers, top police officers warn – The Independent

Posted November 8th, 2021 in bills, forced labour, government departments, immigration, news, police, prosecutions, time limits, trafficking in human beings, victims by sally

‘Priti Patel’s immigration bill risks hampering the prosecution of human traffickers in the UK and making it more difficult for people to escape exploitation, senior police officers have warned.’

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The Independent, 8th November 2021

Source: www.independent.co.uk

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.’

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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.’

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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 sally

‘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.’

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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.’

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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”.’

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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.’

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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 sally

‘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.’

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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.’

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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.’

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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 sally

‘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.’

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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 sally

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

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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 sally

‘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.’

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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 sally

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

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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 sally

‘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.’

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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.’

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EIN Blog, 6th October 2021

Source: www.ein.org.uk