Home Office ‘missed chance to stop rise in migrant boats’ – BBC News

‘The Home Office failed to stop a rise in migrant boats crossing the English Channel before it was too late, an independent inspector has said.’

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BBC News, 11th November 2020

Source: www.bbc.co.uk

Virus backlogs must not become “new normal”, says Lord Chief – Legal Futures

‘The Lord Chief Justice told MPs yesterday that he is “extremely concerned” that the backlogs that have grown across the justice system since March should not be “viewed by anybody as the new normal”.’

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Legal Futures, 11th November 2020

Source: www.legalfutures.co.uk

The Illegality Defence in the Supreme Court again – Littleton Chambers

‘The common law defence of illegality was considered by the Supreme Court in Patel v Mirza [2016] UKSC 42. The Court rejected the reliance principle as applied in Tinsley v Milligan [1994] 1 AC 340, according to which relief was refused to parties who had to rely on their own illegality to establish their case. In its place, the majority adopted a more flexible approach which openly addressed the underlying policy considerations involved and invited Courts to reach a balanced judgment in each case, permitting account to be taken of the proportionality of the outcome.’

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Littleton Chambers, 4th November 2020

Source: littletonchambers.com

All you need to know about domestic abuse and ILR – EIN Blog

‘Anyone in an abusive relationship is in a dangerous and terrifying situation. But if you are in the UK on a Spouse Visa, Civil Partnership Visa, or Unmarried Partner Visa, the situation is especially frightening. But you are not alone. And you can apply for Indefinite Leave to Remain (ILR), which will allow you to stay permanently in the UK if your relationship breaks down because of domestic violence/abuse.’

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EIN Blog, 9th November 2020

Source: www.ein.org.uk

Disputed burial and the Senior Courts Act 1981: Ganoun – Law & Religion UK

Posted November 2nd, 2020 in bereavement, burials and cremation, families, immigration, injunctions, news, visas by tracey

‘The issue in Ganoun v Joshi & Anor [2020] EWHC 2743 (Ch) was the disposal of the remains of a man who died in September 2020 as a result of a road traffic accident leaving a widow, Ms Joshi [1 & 3].’

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Law & Religion UK, 30th October 2020

Source: lawandreligionuk.com

Children: Public Law Update (October) – Family Law Week

“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”

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Family Law Week, 28th October 2020

Source: www.familylawweek.co.uk

Windrush: At least nine victims died before getting compensation – BBC News

‘At least nine people have died before receiving money applied for through the Windrush compensation scheme, according to Home Office figures.’

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BBC News, 2nd November 2020

Source: www.bbc.co.uk

Fijian-born British soldiers lose latest legal fight to stay in UK – The Guardian

Posted October 27th, 2020 in armed forces, citizenship, immigration, judicial review, medical treatment, news by sally

‘Eight Fijian-born soldiers who served with the British army in Iraq and Afghanistan have been rebuffed in their initial attempt to seek a judicial review of the handling of their immigration claims.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Home Office Removals Policy Unlawful, holds Court of Appeal – UK Human Rights Blog

Posted October 27th, 2020 in deportation, human rights, immigration, ministers' powers and duties, news by sally

‘On 21/10/2020, the Court of Appeal ruled that the Home Office’s removal window policy (“the Policy”) was unlawful. The Policy incorporated an unacceptable risk of interference with the right of access to court by exposing a category of irregular migrants — including those who have claims in respect of their right to life and/or freedom from torture and inhuman or degrading treatment — to the risk of removal without any proper opportunity to challenge a relevant decision in a court or tribunal.’

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UK Human Rights Blog, 27th October 2020

Source: ukhumanrightsblog.com

We can work it out: Understanding the new sponsored worker scheme and options for employing migrant workers post-Brexit – EIN Blog

Posted October 27th, 2020 in brexit, immigration, migrant workers, news, regulations, sponsored immigrants by sally

‘On 22 October 2020 new Immigration Rules were published which will fundamentally change how UK business recruits and retains migrant talent. Here we look at 10 key things to know about these changes, and how they may affect individuals and employers.’

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EIN Blog, 27th October 2020

Source: www.ein.org.uk

Law Society sets out priority areas for reform that would see less need for judicial review challenges – Local Government Lawyer

‘The Law Society has called for four reforms which it says would reduce the need for citizens to resort to judicial review, in its submission to the Independent Review of Administrative Law (IRAL).’

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Local Government Lawyer, 26th October 2020

Source: www.localgovernmentlawyer.co.uk

Windrush man wrongly classified as illegal immigrant left destitute for a year – The Guardian

‘An electrician who was wrongly classified as being an illegal immigrant, despite living in London for more than 45 years, was destitute as he waited a year for the Windrush taskforce to decide on his application to stay in the UK, the parliamentary ombudsman has ruled.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Ministers must end their attacks on lawyers – The Guardian

‘Barristers, solicitors, legal academics and retired judges call for the home secretary and the prime minister to apologise for past remarks and refrain from using hostile language.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Lawyers call for apology from Johnson and Patel for endangering colleagues – The Guardian

‘The UK prime minister and the home secretary are accused of endangering the personal safety of lawyers through their abusive attacks on the profession and should apologise, more than 800 former judges and senior legal figures have said in a letter sent to the Guardian.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Appeal court quashes UK policy of removing migrants with little warning – The Guardian

Posted October 22nd, 2020 in appeals, human rights, immigration, ministers' powers and duties, news by sally

‘The court of appeal has quashed a Home Office policy of removing migrants from the UK without access to justice.’

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The Guardian, 21st October 2020

Source: www.theguardian.com

Brexit: UK to ban more EU citizens with criminal records – BBC News

Posted October 22nd, 2020 in brexit, criminal records, immigration, news, regulations by sally

‘Many more EU citizens with criminal records will be barred from entering the UK from January, the Home Office has said.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Immigration Health Surcharge To Increase on 27 October 2020 – Richmond Chambers

Posted October 21st, 2020 in chambers articles, fees, health, immigration, medical treatment, news by sally

‘The Immigration (Health Charge) (Amendment) Order 2020 (SI 2020 No. 1086) will come into force as law on 27 October 2020 after being signed by Kevin Foster, Parliamentary Under Secretary of State (Minister for Future Borders and Immigration) on 01 October 2020.’

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Richmond Chambers, 16th October 2020

Source: immigrationbarrister.co.uk

When it attacks ‘lefty lawyers’, this government takes aim at the rule of law – The Guardian

‘The scorn shown by Boris Johnson and Priti Patel marks a departure from centuries of Conservative tradition.’

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The Guardian, 20th October 2020

Source: www.theguardian.com

Assessing the Home Office’s pandemic response – Law Society’s Gazette

Posted October 20th, 2020 in coronavirus, freedom of movement, government departments, immigration, news by sally

‘Earlier this year, Covid-19 threw the UK’s immigration landscape into disarray. Travel restrictions, reduced working capacity at the Home Office and temporary shutdown of third-party providers caused much uncertainty for those trapped overseas and those in the UK. Added to this were the loss of jobs, salary reductions and individuals no longer being able to meet the requirements of their stay. Below we consider some of the key measures the Home Office introduced over this period for overseas nationals with time-limited restrictions in the UK.’

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Law Society's Gazette, 19th October 2020

Source: www.lawgazette.co.uk

UK needs judges to limit government power, says Lord Kerr – The Guardian

‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’

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The Guardian, 19th October 2020

Source: www.theguardian.com