An introduction to the Hong Kong British National (Overseas) visa – Home Office

Posted February 1st, 2021 in China, colonies, government departments, Hong Kong, immigration, press releases, visas by tracey

‘This leaflet provides the key points of the Hong Kong BN(O) visa, including who can apply, how to apply, costs and eligibility requirements.’

Full leaflet

Home Office, 31st January 2021

Source: www.gov.uk/home-office

Home Office put refugees in barracks after fears better housing would ‘undermine confidence’ in system – The Independent

‘The Home Office placed hundreds of asylum seekers in controversial military barracks following fears that better accommodation would “undermine confidence” in the system, internal documents reveal.’

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The Independent, 31st January 2021

Source: www.independent.co.uk

Stansted 15: Activists who stopped migrant deportation flight have convictions overturned – The Independent

Posted February 1st, 2021 in airports, appeals, demonstrations, deportation, human rights, immigration, news, trespass by tracey

‘A group of activists who stopped a deportation flight leaving Stansted airport have had their convictions overturned by the Court of Appeal.’

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The Independent, 30th January 2021

Source: www.independent.co.uk

Special UK visa for Hong Kong residents from Sunday – BBC News

Posted January 29th, 2021 in China, colonies, Hong Kong, immigration, news, visas by tracey

‘About 300,000 people are expected to leave Hong Kong for Britain using a new visa route which opens on Sunday. Hong Kong’s British National (Overseas) passport holders and their immediate dependants will be able to apply for the visa using a smartphone app.’

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BBC News, 29th January 2021

Source: www.bbc.co.uk

Slavery survivors moved ‘without notice, without reason’ in London lockdown – The Guardian

‘Modern slavery survivors with young children were among refugees allegedly forced to move accommodation in London with as little as one day’s notice during coronavirus lockdowns this winter.’

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The Guardian, 29th January 2021

Source: www.theguardian.com

Upper Tribunal allows appeal over age assessment that failed to meet procedural safeguards – Local Government Lawyer

Posted January 28th, 2021 in appeals, asylum, children, immigration, local government, news by sally

‘An Upper Tribunal judge has granted an asylum seeker a declaration that he was 15 at the age he entered into the country and when he was assessed by Wirral Metropolitan Borough Council, rather than over 18 and more likely 20 as the local authority concluded.’

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Local Government Lawyer, 28th January 2021

Source: www.localgovernmentlawyer.co.uk

Thousands of EU care workers in UK face losing immigration status – The Independent

Posted January 25th, 2021 in brexit, care workers, EC law, government departments, immigration, news by tracey

‘Care sector faces “devastation” as research shows one in seven EU employees unaware that they must apply to regularise status before June 2021 or be stripped of right to work and live in UK.’

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The Independent, 25th January 2021

Source: www.independent.co.uk

Home Office criticised prosecutors for ‘applying the law’ in immigration cases, CPS chief says – The Independent

‘The government has repeatedly criticised prosecutors for doing “no more than applying the law”, the head of the Crown Prosecution Service (CPS) has said.’

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The Independent, 24th January 2021

Source: www.independent.co.uk

Proof, expert evidence and credibility in trafficking cases – EIN Blog

‘The Court of Appeal has decided that the two-stage procedure provided for by the National Referral Mechanism (NRM) to determine whether a person is a victim of human trafficking, involving an initial decision on whether there are reasonable grounds to believe that a person is a victim, and a subsequent conclusive decision made on the balance of probabilities, complies with the requirements of the Council of Europe Convention on Action against Trafficking in Human Beings 2005 (ECAT), Directive 2011/36 and article 4 of the ECHR. Two appellants (MN, an Albanian national, and IXU, a Nigerian national) appealed against the dismissal of their judicial review applications of decisions made by Home Office decision-makers that they were not victims of trafficking for the purposes of the NRM. The NRM sets out a two-stage identification procedure to determine whether someone was a victim of trafficking. A “Competent Authority”, a part of the Home Office, determines whether there are reasonable grounds to believe that a person is a victim. Then, in light of further consideration/investigation, the Competent Authority makes a conclusive decision. Conclusively established trafficking victims are entitled to support under the NRM. Some, but not all, of that support is available also to potential victims identified at the first stage. The Competent Authority made reasonable grounds determinations in favour of both MN and IXU but made conclusive decisions against them. Farbey J (MN) and Mr Philip Mott QC (IXU) dismissed the judicial review claims at first instance.’

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EIN Blog, 21st January 2021

Source: www.ein.org.uk

Home Office ignored warnings that could have prevented Windrush suffering, finds watchdog – The Independent

Posted January 14th, 2021 in citizenship, colonies, government departments, immigration, news, reports by tracey

‘The Home Office ignored warnings that could have prevented some of the suffering experienced by the Windrush generation, the government’s own immigration watchdog has said.’

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The Independent, 13th January 2021

Source: www.independent.co.uk

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

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Each Other, 8th January 2021

Source: eachother.org.uk

Court of Appeal criticises the Immigration Rules and changes law on 10 year rule – 5SAH

Posted January 8th, 2021 in appeals, chambers articles, immigration, news, statutory interpretation by sally

‘The Court of Appeal handed down its long awaited decision in Hoque & Ors v SSHD [2020] EWCA Civ 1357 on the 23 October 2020, here they address the issue of gaps in lawful residence in 10 Years Long residence applications. Specifically, it was the operation of 276B(v) with 39E, which had provided an exception for overstayers, where periods of overstaying could fall to be disregarded under 276B(v), that was the subject of much scrutiny by the Court.’

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5SAH, 5th January 2021

Source: www.5sah.co.uk

Age assessments 2020: a year in review – Doughty Street

Posted January 8th, 2021 in asylum, chambers articles, children, immigration, local government, news by sally

‘This article will provide an overview of some of the key legal cases concerning age assessments and support for those whose age is disputed.’

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Doughty Street, 7th January 2021

Source: insights.doughtystreet.co.uk

Judge fines trio who provided unregulated legal advice – Legal Futures

Posted January 7th, 2021 in company directors, compensation, fines, immigration, legal advice, legal services, news by tracey

‘Directors from two legal businesses which generated £2.5m in fees by providing unregulated immigration advice have been fined nearly £17,000 and ordered to pay over £28,000 in compensation.’

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Legal Futures, 7th January 2021

Source: www.legalfutures.co.uk

Migrant domestic abuse victims’ data must not be shared between police and Home Office, report warns – The Independent

‘Police and government must urgently introduce measures to stop police sharing domestic abuse victims’ immigration data with the Home Office, a major new report has warned.
Campaigners have routinely voiced fears women with unsettled immigration status who are suffering domestic violence are often too fearful to report the abuse due to fears police will share their data with the Home Office and they will face deportation.’

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The Independent, 17th December 2020

Source: www.independent.co.uk

Home Office leaving stateless people facing detention and destitution, warns UN – The Independent

‘The Home Office is leaving stateless people in the UK at risk of homelessness, destitution and prolonged detention, the UN’s refugee agency has warned. A procedure designed to help regularise the status of stateless individuals in Britain is not functioning as well as it should due to procedural weaknesses and the approach to decision-making, the UNHCR said.’

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The Independent, 16th December 2020

Source: www.independent.co.uk

UK ‘reneges on vow to reunite child refugees with families’ – The Guardian

Posted December 14th, 2020 in asylum, charities, children, families, government departments, immigration, news, refugees by tracey

‘Unaccompanied children in France are being told by the French authorities that they should give up hope of being reunited with family in the UK after the Home Office failed to offer the help it had promised. With the deadline to enter the UK legally and safely under the EU’s family reunification rules due to expire at the end of the year, the Home Office is accused of reneging on its vow to help unaccompanied children reunite with family in the UK.’

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The Guardian, 13th December 2020

Source: www.theguardian.com

All Windrush victims to get at least £10,000 – BBC News

‘The government is to give more money to victims of the Windrush scandal, which saw hundreds of people wrongly threatened with deportation.’

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BBC News, 14th December 2020

Source: www.bbc.co.uk

Deportation and family rights – UK Human Rights Blog

‘The European Court of Human Rights has found that the deportation of a Nigerian man from the United Kingdom violated his right to respect for private and family life guaranteed by article 8 of the European Convention on Human Rights. The applicant in Unuane v United Kingdom successfully argued that his removal from the UK was a disproportionate interference with family life because it separated him from his children. Though finding for the applicant, the Court rejected his attack on the compatibility of the Immigration Rules – an issue that as recently as 2016 the Supreme Court had authoritatively settled. The decision is of interest for the Court’s approach to the necessary balancing exercise to be carried out in the sensitive area of human rights challenges to the deportation of foreign criminals.’

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UK Human Rights Blog, 10th December 2020

Source: ukhumanrightsblog.com

UK to deny asylum to refugees passing through ‘safe’ third country – The Guardian

Posted December 11th, 2020 in asylum, brexit, government departments, immigration, international law, news, refugees by tracey

‘Ministers have quietly changed immigration rules to prevent people fleeing war or persecution from claiming asylum in the UK if they have passed through a “safe” third country, prompting accusations of a breach of international law. From 1 January, claims of asylum from a person who has travelled through or has a connection to a safe third country, including people coming from EU member states, will be treated as inadmissible.’

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The Guardian, 10th December 2020

Source: www.theguardian.com