Carol Harlow: Windrush: Lessons learned or perhaps not? – UK Constitutional Law Association

‘On 19 March, screened by the draft Corona: Defence of the Realm Bill, the long awaited Windrush: Lessons Learned Report (hereafter Lessons Learned) was published. For those who have missed out on the considerable publicity generated by the Windrush Generation scandal, a short account is in order. The Windrush Generation broadly comprises Commonwealth citizens who have indefinite leave to remain in the UK or “settled status” on the basis of having settled in the UK before 1973 when the Commonwealth Immigration Act 1971 came into force, and not since 1988 having left the UK for more than two years. Many of these elderly British citizens were unable to prove their right to live here to the satisfaction of the Home Office (perhaps because they entered the country on a parent’s passport or had lost their papers in the ensuing forty-odd years since their arrival). These unfortunate “surprised Brits” were denied healthcare, welfare benefits, pensions, lost their settled housing and long-term jobs, were taken into detention and even deported. They had become victims of the so-called “hostile environment” policy, a set of measures introduced in 2012 by Theresa May when Home Secretary with a view to making life as difficult as possible in the UK for people with no legal status to encourage them to leave. The measures were defended at the time by Theresa May, then Home Secretary, and incorporated into the Immigration Act 2014.’

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UK Constitutional Law Association, 6th April 2020

Source: ukconstitutionallaw.org

Home Secretary may not detain on basis of invalid deportation decision – UK Human Rights Blog

‘In R (DN – Rwanda) v Secretary of State for the Home Department [2020] UKSC 7, the Supreme Court held that the Claimant was entitled to purse a claim for unlawful detention on the basis that the decision to detain for the purposes of deportation could not be separated from the decision to deport. Accordingly, if the decision to deport was unlawful, then so inevitably was the decision to detain.

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

Up to 4,000 inmates to be temporarily released in England and Wales – The Guardian

‘As many as 4,000 prisoners in England and Wales are to be temporarily released from jail in an effort to try and control the spread of coronavirus, the government has announced.’

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The Guardian, 4th April 2020

Source: www.theguardian.com

Coronavirus: Single parents take government to court over welfare rules – BBC News

Posted April 3rd, 2020 in benefits, children, coronavirus, families, immigration, news by sally

‘A group of single parents who cannot claim welfare payments because of their migration status are suing the government.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

Home Office to hold on evicting asylum seekers during lockdown – The Guardian

‘The Home Office will stop evicting asylum seekers from government accommodation for the next three months while the UK remains in coronavirus lockdown, the British Red Cross has said.’

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The Guardian, 28th March 2020

Source: www.theguardian.com

Article 8: Test for Family Life arising out of Foster Care is no different to that of “Birth Families” – UK Human Rights Blog

‘On 12 March 2020 a unanimous Court of Appeal led by Sir Ernest Ryder (Senior President of the Tribunals), together with Lord Justice Bean and Lady Justice King, allowed the Appellant’s appeal against the First tier Tribunal (“FtT”) and Upper Tribunal (“UT”)’s decisions upholding the refusal of his application for leave to remain.’

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UK Human Rights Blog, 24th March 2020

Source: ukhumanrightsblog.com

High court rejects call to free 736 detainees at risk from coronavirus – The Guardian

‘The high court has rejected calls to free hundreds of immigration detainees who, lawyers and human rights activists say, are at risk from Covid-19 while behind bars.’

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The Guardian, 26th March 2020

Source: www.theguardian.com

Quarterly Medical Law Review – One Crown Office Row

Posted March 25th, 2020 in chambers articles, health, immigration, judicial review, negligence, news by sally

‘This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’

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One Crown Office Row, 17th March 2020

Source: www.1cor.com

MS (Pakistan) v Secretary of State for the Home Department – Blackstone Chambers

‘The Supreme Court has today [18 March] handed down an important judgment in the area of human trafficking and modern slavery.’

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Blackstone Chambers, 18th March 2020

Source: www.blackstonechambers.com

Landmark Supreme Court judgment on state obligations under Article 4 ECHR to identify & protect victims of trafficking – Garden Court Chambers

‘The Supreme Court has issued a landmark judgment regarding the scope of positive obligations of the state under Article 4 ECHR, to identify victims of trafficking and afford them protection, including immigration status, for their safety and recovery.’

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Garden Court Chambers, 18th March 2020

Source: www.gardencourtchambers.co.uk

What You Need To Know About The Coronavirus Bill – Each Other

Posted March 23rd, 2020 in bills, coronavirus, detention, enforcement, immigration, news, police by sally

‘The Emergency Coronavirus Bill will grant police, immigration officers and public health officials new powers to detain “potentially infectious persons” and put them in isolation facilities.’

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Each Other, 20th March 2020

Source: eachother.org.uk

Immigration Status of a Parent in an Application for a Child Arrangements Order by Lucy Coen – Broadway House Chambers

‘There can often be an interplay between family and immigration proceedings. This article seeks to give some guidance to family practitioners when the immigration status of a parent in contact proceedings is a live issue.’

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Broadway House Chambers, 19th March 2020

Source: broadwayhouse.co.uk

Home Office releases 300 from detention centres amid Covid-19 pandemic – The Guardian

‘The Home Office has released almost 300 people from detention centres in the last few days because of the Covid-19 pandemic, the Guardian has learned.’

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The Guardian, 21st March 2020

Source: www.theguardian.com

Coronavirus: What Happens To Prisoners? – Each Other

‘The UK government has urged the country to maintain “social distancing” as the coronavirus death toll rises. How does this work for the more than 83,000 people in Britain’s often overcrowded prisons?’

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Each Other, 19th March 2020

Source: eachother.org.uk

‘Lambs to the slaughter’: 50 lives ruined by the Windrush scandal – The Guardian

‘As the report on the Home Office scandal is finally published, we revisit the victims’ stories.’

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The Guardian, 19th March 2020

Source: www.theguardian.com

Windrush review to call for reform of ‘reckless’ Home Office – The Guardian

‘Wholesale reform of a “reckless” and “defensive” Home Office is expected to be recommended in a hard-hitting review into the causes of the Windrush scandal when it is released by the home secretary on Thursday.’

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The Guardian, 19th March 2020

Source: www.theguardian.com

SRA to make immigration regulation permanent – Legal Futures

‘The Solicitors Regulation Authority (SRA) is consulting on whether to extend indefinitely the suspension of immigration work from its removal of restrictions on solicitors providing non-regulated services.’

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Legal Futures, 18th March 2020

Source: www.legalfutures.co.uk

Windrush inquiry report submitted to home secretary – The Guardian

‘An investigation into the causes of the Windrush scandal has been completed and presented to the UK home secretary, who must now decide when and whether to make the findings public.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

Hostile Environment Immigration Policy ‘Undermining’ Coronavirus Response – Each Other

Posted March 18th, 2020 in coronavirus, health, human rights, immigration, medical treatment, news by sally

‘The government’s response to the coronavirus pandemic is being undermined by immigration policies which deter migrants from accessing healthcare, campaigners have warned.’

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Each Other, 17th March 2020

Source: eachother.org.uk

‘Casual’ and ‘fragmented’ approach to welfare of immigration detainee resulted in his death – UK Human Rights Blog

Posted March 17th, 2020 in death in custody, detention, immigration, inquests, news by sally

‘Following an Article 2 inquest into the tragic death of Prince Fosu, a vulnerable foreign national detained in an immigration removal centre, a jury has found that Mr Fosu’s death was avoidable and was caused by a number of gross failures on the part of the Home Office and various agencies to provide appropriate care in immigration detention at Harmondsworth Immigration Removal Centre.’

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UK Human Rights Blog, 16th March 2020

Source: ukhumanrightsblog.com