immigration – Page 38 – Current Awareness

Fairness in “conducive to the public good” exclusion decisions – Garden Court Chambers

Posted August 19th, 2020 in chambers articles, criminal justice, deportation, immigration, news by sally

‘Exclusion decisions prohibit entry to the UK and are made under a non-statutory power exercised personally by the Home Secretary. They tend to be used against foreign national (non-EU) prisoners who have taken up the offer of assistance to leave the UK under the facilitated returns scheme. They are made on the basis that preventing the person’s return here is conducive to the public good.’

Garden Court Chambers, 5th August 2020

Source: www.gardencourtchambers.co.uk

Successful TOEIC appellants to be granted 2.5 years Leave to Remain – Garden Court Chambers

Posted August 17th, 2020 in appeals, chambers articles, examinations, government departments, human rights, immigration, judicial review, news by sally

‘The Home Office has agreed that any TOEIC appellants who succeed in their appeals on Article 8 grounds, should be granted 2.5 years leave to remain.’

Garden Court Chambers, 4th August 2020

Source: www.gardencourtchambers.co.uk

Court of Appeal hands down ruling on changing nationality of children in care – Local Government Lawyer

Posted August 14th, 2020 in appeals, chambers articles, children, citizenship, fostering, immigration, jurisdiction, local government, news by sally

‘A local authority cannot seek to change the nationality of children in care without the matter being considered by the High Court, the Court of Appeal has ruled.’

Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Lord Chancellor accepts unlawfulness of new Legal Aid scheme for immigration and asylum appeals – Garden Court Chambers

Posted August 14th, 2020 in appeals, asylum, case management, chambers articles, consultations, coronavirus, fees, immigration, internet, legal aid, lord chancellor, news by sally

‘On 8 June 2020 the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 (the Amendment Regulations) came into force. The Amendment Regulations established a new fee regime for the remuneration of legal aid providers for appellants whose asylum and immigration appeals are being dealt with under a new Online Procedure which had previously been in pilot phase, but was rolled out widely by the First-tier Tribunal (FtT) in mid-March 2020.’

Garden Court Chambers, 12th August 2020

Source: www.gardencourtchambers.co.uk

My Data Went to the Caribbean. Jamaica? No, It Went of its Own Accord – Panopticon

Posted August 11th, 2020 in appeals, data protection, deportation, human rights, immigration, news by sally

‘You have to admire the ingenuity of lawyers. Who would have thought that the GDPR could be a tool to try and force the Home Office to allow a deported overstayer with a lengthy criminal record back into the UK to conduct an in-person appeal? Not the Court of Appeal for a start in Johnson v Secretary of State for the Home Department [2020] EWCA Civ 1032.’

Panopticon, 11th August 2020

Source: panopticonblog.com

New immigration system – key points for the life sciences and technology sectors – Technology Law Update

Posted August 11th, 2020 in brexit, EC law, freedom of movement, immigration, news, visas by sally

‘The Government has published further details about the new immigration system that is due to be implemented from 1 January 2021. The Further Details statement builds on the policy statement that was issued in February 2020. European freedom of movement will end on 31 December 2020 and the new system will apply to all European and non-European applicants.’

Technology Law Update, 10th August 2020

Source: www.technology-law-blog.co.uk

UK plan to use navy to stop migrant crossings is unlawful, lawyers warn – The Guardian

Posted August 10th, 2020 in armed forces, France, government departments, immigration, inquiries, international law, news, ships, statistics by sally

‘Priti Patel’s plans to use the navy to tackle the growing number of migrants crossing the Channel from northern France would be unlawful and dangerous, lawyers have warned.’

The Guardian, 7th August 2020

Source: www.theguardian.com

Windrush Lawyers: ‘The Government Is Placing Boulders In The Way Of Justice’ – Each Other

Posted August 7th, 2020 in citizenship, colonies, delay, deportation, documents, government departments, immigration, news, victims by sally

‘It has been more than a year since the government launched its scheme to compensate victims of the Windrush scandal, and at least five applicants have died before receiving a penny. EachOther speaks to Windrush lawyers about the “boulders” being placed in the way of justice and what needs to be done.’

Each Other, 6th August 2020

Source: eachother.org.uk

Government Scraps Immigration “Streaming Tool” before Judicial Review – UK Human Rights Blog

Posted August 7th, 2020 in equality, government departments, human rights, immigration, judicial review, news, race discrimination, racism, visas by sally

‘In response to a legal challenge brought by the Joint Council for the Welfare of Immigrants (JCWI), the Home Office has scrapped an algorithm used for sorting visa applications. Represented by Foxglove, a legal non-profit specialising in data privacy law, JCWI launched judicial review proceedings,, arguing that the algorithmic tool was unlawful on the grounds that it was discriminatory under the Equality Act 2010 and irrational under common law.’

UK Human Rights Blog, 6th August 2020

Source: ukhumanrightsblog.com

Home Office drops ‘racist’ algorithm from visa decisions – BBC News

Posted August 5th, 2020 in computer programs, government departments, immigration, news, race discrimination, racism, visas by sally

‘The Home Office has agreed to stop using a computer algorithm to help decide visa applications after allegations that it contained “entrenched racism”.’

BBC News, 4th August 2020

Source: www.bbc.co.uk

No recourse to public funds; no recourse to dignity – 1MCB

Posted July 30th, 2020 in benefits, children, human rights, immigration, news by sally

‘Geeta Koska recently published a blog on the future impact on the protection of children’s welfare of the High Court’s decision in R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Another [2020] EWHC 1299 (Admin). The blog was published in “Children and Young People Now”.’

1MCB, July 2020

Source: 1mcb.com

Immigration Bail policy found systemically unfair – UK Human Rights Blog

Posted July 30th, 2020 in bail, housing, immigration, ministers' powers and duties, news by sally

‘In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, Mr Justice Johnson held in R (Humnyntskyi) v SSHD [2020] EWHC 1912 (Admin) that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.’

UK Human Rights Blog, 30th July 2020

Source: ukhumanrightsblog.com

Frozen pensions: injustices faced by Windrush generation in spotlight – The Guardian

Posted July 27th, 2020 in citizenship, colonies, equality, government departments, immigration, news, pensions, retirement by sally

‘Campaigners urge new working group to look into why some retirees living abroad are penalised.’

The Guardian, 25th July 2020

Source: www.theguardian.com

Controversial immigration detention centre in Lincolnshire to close – The Guardian

Posted July 23rd, 2020 in detention, immigration, news, prisons, reports, self-harm, violence by sally

‘A controversial immigration detention centre where several deaths have occurred in recent years is to close.’

The Guardian, 23rd July 2020

Source: www.theguardian.com

Asylum seeker to sue Home Office after falling ill with Covid-19 – The Guardian

Posted July 22nd, 2020 in asylum, compensation, coronavirus, damages, government departments, health & safety, immigration, news by sally

‘An asylum seeker who became infected with Covid-19 after an outbreak in his accommodation – despite assurances from the Home Office that he would not be at risk from the virus there – is taking legal action against the government.’

The Guardian, 21st July 2020

Source: www.theguardian.com

EU citizens will be deported for minor offences under Priti Patel’s post-Brexit immigration crackdown, lawyer warns – The Independent

Posted July 15th, 2020 in brexit, citizenship, criminal justice, deportation, government departments, immigration, news by tracey

‘EU citizens will be deported for minor offences under Priti Patel’s post-Brexit immigration crackdown, despite having permission to stay, a leading lawyer has warned.’

The Independent, 14th July 2020

Source: www.independent.co.uk

Pressure mounts on Priti Patel over case of 11-year-old at risk of FGM – The Guardian

Posted July 13th, 2020 in asylum, children, deportation, female genital mutilation, government departments, immigration, news by sally

‘Barristers, former judges, politicians and campaigners are among 300 people who have signed an open letter to the home secretary, Priti Patel, urging her to grant asylum to an 11-year-old girl at high risk of female genital mutilation if taken abroad.’

The Guardian, 10th July 2020

Source: www.theguardian.com

Immigration solicitors permanently banned from unregulated firms – Legal Futures

Posted July 13th, 2020 in consultations, immigration, law firms, news, solicitors, Solicitors Regulation Authority by sally

‘Solicitors handling immigration work can only do so from organisations overseen by a legal regulator or the Office of the Immigration Services Commissioner (OISC), the Solicitors Regulation Authority has decided.’

Legal Futures, 13th July 2020

Source: www.legalfutures.co.uk

London councils call on government to suspend NRPF immigration status – The Guardian

Posted July 9th, 2020 in benefits, coronavirus, homelessness, immigration, local government, London, news by sally

‘London councils have called on the government to suspend the controversial “no recourse to public funds” (NRPF) immigration status during the coronavirus pandemic to prevent a rise in homelessness.’

The Guardian, 8th July 2020

Source: www.theguardian.com

London-born twins face deportation to different countries – The Guardian

Posted July 8th, 2020 in citizenship, deportation, families, government departments, grievous bodily harm, immigration, imprisonment, local government, news by sally

‘Twins who were born in London and have never left the UK face deportation to different countries in the Caribbean where they have no close relatives, their families have told the Guardian.’

The Guardian, 7th July 2020

Source: www.theguardian.com

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