Category: immigration

UK Supreme Court Relaxes the Test for Establishing a Breach of Article 3 in Medical Removal Cases – Oxford Human Rights Hub

Posted May 4th, 2020 in appeals, deportation, government departments, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘On 29 April 2020, the UK Supreme Court handed down its judgment in the case of AM(Zimbabwe) v SSHD [2020] UKSC. This completes the domestic line of authority grappling with the ECtHR’s Grand Chamber’s judgment in Paposhvili v Belgium, which reformulated the applicable test where appellants allege that their proposed removal to a third country would be in breach of Article 3 ECHR as exposing them to inhuman or degrading treatment as a result of the unavailability of medical treatment there.’

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Oxford Human Rights Hub, 3rd May 2020

Source: ohrh.law.ox.ac.uk

New Judgment: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – UKSC Blog

Posted May 1st, 2020 in appeals, deportation, government departments, HIV, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘This appeal related to the UK’s ability to deport a Zimbabwean citizen who, whilst being lawfully resident in the UK, had committed serious crimes. He sought to challenge the decision to deport him on the basis of ECHR, article 3. Being HIV positive, he argued that if deported he would be unable to access the medication he receives in the UK and which prevents his relapse into AIDS.’

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UKSC Blog, 29th April 2020

Source: ukscblog.com

COVID-19 and Immigration Detention – UK Human Rights Blog

Posted May 1st, 2020 in coronavirus, detention, health, health & safety, immigration, news by sally

‘At the start of the year, some 1,200 immigrants were being held in immigration detention in the UK. The power to detain immigrants is separate from detention of individuals as part of a criminal sentence. There is a presumption against detention of immigrants and immigration detention, which can only be in accordance with one of the statutory powers (the majority of which are contained in the Immigration Act 1971 and the Immigration and Asylum Act 2002), and is allowed in the interests of maintaining effective immigration control, for example, to effect removal; to establish a person’s identity or the basis of their immigration claim; or where there is reason to believe that the person will fail to comply with any conditions attached to a grant of immigration bail.’

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UK Human Rights Blog, 30th April 2020

Source: ukhumanrightsblog.com

‘One of the most controversial questions which the law of human rights can generate’: Supreme Court alters approach to Article 3 in medical cases – an extended look – UK Human Rights Blog

Posted May 1st, 2020 in appeals, deportation, health, human rights, immigration, medical treatment, news, Supreme Court by sally

‘Unlike some of the rights protected by the European Convention on Human Rights, the prohibition on torture or inhuman or degrading treatment under Article 3 is absolute. There is no question of striking a balance between Article 3 and other considerations: the state simply may not act in a way which would breach this prohibition.’

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UK Human Rights Blog, 29th April 2020

Source: ukhumanrightsblog.com

Windrush backlog reaches 3,720 cases, Home Office reveals – The Guardian

Posted April 30th, 2020 in citizenship, colonies, compensation, delay, government departments, immigration, news by sally

‘Lawyers and campaigners have expressed concern about a large backlog of unresolved Windrush cases, revealed in fresh Home Office figures, two years after Amber Rudd resigned as home secretary amid the emerging scandal.’

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The Guardian, 30th April 2020

Source: www.theguardian.com

COVID-19 and Immigration Bail Applications – One Pump Court

Posted April 24th, 2020 in bail, chambers articles, coronavirus, detention, health, health & safety, human rights, immigration, news by sally

‘Whilst the current pandemic has affected us all, those in detention are impacted in particularly harmful ways. Visits to immigration removal centres have been suspended, and those with COVID-19 symptoms are effectively placed in solitary confinement. The Council of Europe’s Commissioner for Human Rights has called for immigration detainees to be released, as many States have had to suspend removals and it is unclear when these might be resumed. The primary goal of immigration detention is to effect removal, and so continued detention as such may seem arbitrary.’

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One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

COVID-19 and Prisons: The Coronavirus Restricted Temporary Release Scheme, Pregnant Prisoners and Children in Custody – One Pump Court

Posted April 24th, 2020 in chambers articles, children, coronavirus, detention, health, health & safety, immigration, jurisdiction, news, pregnancy, prisons by sally

‘COVID-19 is a dangerous reality for prisoners. As of 18 April 2020, confirmed cases of COVID-19 have been reported in over half of prisons in England and Wales. There have been 13 suspected COVID-19 deaths among prisoners[1]. Amongst this wider concern, those who are pregnant and children in custody may be particularly anxious during this unprecedented time.’

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One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

Seeking Settlement as a Victim of Domestic Violence During the COVID-19 Pandemic- One Pump Court

Posted April 24th, 2020 in chambers articles, coronavirus, domestic violence, emergency powers, freedom of movement, immigration, news by sally

‘Covid-19 has created various worries and struggles for society. It has however been a particularly difficult time for victims of domestic violence.’

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One Pump Court, 21st April 2020

Source: onepumpcourt.co.uk

What is the Home Office not telling us? – Doughty Street Chambers

Posted April 24th, 2020 in appeals, chambers articles, disclosure, government departments, immigration, news by sally

‘How can the Home Office be prevented from withholding important information in immigration appeals?’

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Doughty Street Chambers, 23rd April 2020

Source: insights.doughtystreet.co.uk

Government successfully appeals in ‘Right to Rent’ case – UK Human Rights Blog

Posted April 24th, 2020 in appeals, equality, government departments, housing, human rights, immigration, landlord & tenant, news by sally

‘Notably, the Court of Appeal agreed with the High Court’s view that the scheme does result in landlords discriminating against tenants without British passports on the basis of their actual or perceived nationality. However, the Court held that this discrimination was justified.’

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UK Human Rights Blog, 22nd April 2020

Source: ukhumanrightsblog.com

R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department – Blackstone Chambers

Posted April 24th, 2020 in appeals, chambers articles, equality, housing, human rights, immigration, landlord & tenant, news by sally

‘The Court of Appeal (Davis, Henderson and Hickinbottom LJJ) has today [21 April] handed down judgment in this case. It has allowed the Secretary of State’s appeal against the High Court’s conclusion that the “right to rent” scheme, set out in sections 20-37 of the Immigration Act 2014, is incompatible with Article 14 ECHR (read with Article 8).’

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Blackstone Chambers, 21st April 2020

Source: www.blackstonechambers.com

Right to rent rule ‘justified’ finds UK appeal court – The Guardian

Posted April 22nd, 2020 in appeals, government departments, housing, immigration, landlord & tenant, news, race discrimination by sally

‘The government has won an appeal over its controversial right to rent scheme, which was last year ruled by the high court to be racially discriminatory.’

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The Guardian, 21st April 2020

Source: www.theguardian.com

Covid-19 and the immigration tribunals: a working guide for representatives – 1MCB Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, immigration, news, tribunals by sally

‘The guide provides an overview of some of the key challenges, as well as practical advice for making applications and submissions within the new procedural framework. Summaries of applicable case law and links to guidance and additional resources are also included.’

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1MCB Chambers, April 2020

Source: 1mcb.com

Challenging immigration detention in the COVID-19 pandemic – Landmark Chambers

Posted April 21st, 2020 in chambers articles, coronavirus, detention, health, health & safety, immigration, news by sally

‘Perhaps the first significant issue arising out of the COVID-19 pandemic to come before the Administrative Court has been the question of the continued legality of immigration detention in the face of the risks and practical difficulties arising from the crisis. The pandemic raises two stark issues affecting the legality of immigration detention; on the one hand, that detainees may face an increased risk of infection by reason of the “congregate” setting of detention centres, and on the other that removals in the short term will be impossible and that the prospects of removal are at best uncertain even in the medium term.’

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Landmark Chambers, 15th April 2020

Source: www.landmarkchambers.co.uk

Deportation: when is it “unduly” harsh on a child? – Doughty Street Chambers

Posted April 17th, 2020 in chambers articles, children, deportation, families, immigration, news by sally

‘The law concerning harm to children in deportation cases has become bleak, but a recent decision of UT Judge Keith, posted on the UT’s website as an unreported case on 19 March 2020, does point to one way forward. In it, the Home Office made a potentially significant concession as to the test for avoiding deportation in s.117C(5) of the Nationality, Immigration and Asylum Act 2002, i.e. whether deportation would have an “unduly harsh” effect on the individual’s partner or child. That test relates to those who are defined as “foreign criminals” but who have been sentenced to less than four years’ imprisonment.’

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Doughty Street Chambers, 8th April 2020

Source: insights.doughtystreet.co.uk

Oral hearings – who needs them? – Doughty Street Chambers

Posted April 17th, 2020 in chambers articles, immigration, news, oral hearings, tribunals by sally

‘The Upper Tribunal’s ‘Presidential Guidance Note No 1 2020: Arrangements During The COVID-19 Pandemic’ envisages moving, in immigration and asylum cases, to a system where the UT may decide certain matters on the papers and without a hearing. At the moment these are limited to (i) whether the First-tier Tribunal made an error of law and (ii) if it did, whether its decision should be set aside.’

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Doughty Street Chambers, 9th April 2020

Source: insights.doughtystreet.co.uk

‘A broad approach taken in the definition of “partner” in a deportation case’ – 33 Bedford Row

Posted April 17th, 2020 in chambers articles, deportation, families, immigration, interpretation, news by sally

‘In the recent deportation case of Buci (Part 5A: “partner”: Albania) [2020] UKUT 87 (IAC)(‘Buci’) the Upper Tribunal (Lane J (President) + Mandalia (Upper Tribunal Judge)) has: (i) defined the meaning of “partner” for the purposes of the exception contained at sections 117C(5)/117D(1) of the Nationality, Immigration and Asylum Act 2002; and (ii) clarified that, even if the relationship relied upon is not with a ‘partner’, it will still be necessary to consider the effect of deportation on the other person.’

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33 Bedford Row, 7th April 2020

Source: www.33bedfordrow.co.uk

Implications of Coronavirus for UK Spouse Visas – Richmond Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, families, immigration, marriage, married persons, news, visas by sally

‘The Coronavirus and Covid-19 disease are causing a devastating effect across the world. The situation can be especially stressful for individuals who are separated from family members or for those who are worried that their partner may be separated from them if an application to remain in the UK is refused. In this post we will look at some of the key issues that individuals applying to remain with spouses and partners might need to consider in the coming months.’

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Richmond Chamber, 7th April 2020

Source: immigrationbarrister.co.uk

How The UK Could Be Failing Migrant Modern Slavery Victims – And What We Can Do About It – Each Other

Posted April 15th, 2020 in forced labour, government departments, immigration, news, statistics, trafficking in human beings, victims by sally

‘The UK’s modern slavery framework was almost five times less likely to recognise victims from non-European countries than those from Britain last year, . This is despite the fact that many of the top countries for human trafficking are outside Europe. Maya Esslemont examines ways we can ensure victims do not slip through the net and miss out on vital support.’

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Each Other, 15th April 2020

Source: eachother.org.uk

Supreme Court Rejects Appeal in Serco Lock Change Evictions Case – But What Effect Has the Human Rights Challenge Already Had? – UK Human Rights Blog

Posted April 9th, 2020 in appeals, asylum, homelessness, housing, human rights, immigration, landlord & tenant, news, repossession, Supreme Court by sally

‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’

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UK Human Rights Blog, 8th April 2020

Source: ukhumanrightsblog.com