UK immigration rules are unworkable, says Law Commission – The Guardian

Posted January 14th, 2020 in immigration, Law Commission, legislative drafting, news, regulations by sally

‘Immigration rules are “overly complex and unworkable” according to the Law Commission, which recommends simplifying them in order to save the government £70m over the next decade.’

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The Guardian, 14th January 2020

Source: www.theguardian.com

Home Office faces legal cases over Zimbabwean asylum seekers – The Guardian

‘The Home Office faces a series of legal challenges over its decision to allow Zimbabwean government officials to interview people from the country who are seeking asylum in the UK.’

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The Guardian, 5th January 2020

Source: www.theguardian.com

Stowaways who caused havoc on container ship in Thames Estuary jailed – BBC News

Posted January 6th, 2020 in affray, immigration, news, sentencing, threatening behaviour by sally

‘Four stowaways have been jailed after they ran amok on a container ship as it navigated the world’s busiest shipping lanes.’

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BBC News, 3rd January 2020

Source: www.bbc.co.uk

10 cases that defined 2019 – UK Human Rights Blog

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

High court says UK’s £1,012 child citizenship fee is unlawful – The Guardian

Posted December 19th, 2019 in children, citizenship, fees, government departments, immigration, news by sally

‘In a landmark judgment the high court has found that the Home Office’s £1,012 child citizenship fee is unlawful. The fee has been described as “shameless profiteering” by Amnesty International.’

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The Guardian, 19th December 2019

Source: www.theguardian.com

Three generations of Windrush family struggling to prove they are British – The Guardian

‘Three generations of one Windrush-descended family are struggling to prove that they are British in a protracted fight for documentation which has left a London-born woman facing homelessness with her two-year-old son.’

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The Guardian, 18th December 2019

Source: www.theguardian.com

Home Office unlawfully delaying support for modern slavery victims, High Court rules – The Independent

‘The Home Office has been unlawfully forcing trafficked people to wait for months and sometimes years before granting them leave to remain in the UK, the High Court has ruled.’

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The Independent, 11th December 2019

Source: www.independent.co.uk

Home office admits unlawful detention of mentally ill man – Garden Court Chambers

‘The Home Office has yet again had to concede a legal challenge to the lawfulness of prolonged immigration detention of a mentally ill and highly vulnerable man by agreeing to regularise his status and pay £100,000 in compensation in a settlement agreed by the High Court today in a test case.’

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Garden Court Chambers, 5th December 2019

Source: www.gardencourtchambers.co.uk

Some you might have missed – Panopticon

Posted December 5th, 2019 in consent, data protection, human rights, immigration, internet, news, privacy by sally

By which we mean: some that we did miss blogging about. With apologies and better late than nevers, here’s a round-up of three recent(ish) cases worthy of note. In R (Open Rights Group) v SSHD digital campaigners Open Rights Group and The3million (campaigning on behalf of so many EU Citizens living in the UK) challenged the immigration exemption – one of the few new features in the DPA 2018 that strengthens the controller’s hand – as incompatible with fundamental charter rights to privacy and protection of personal data. They also contended that it was too broad, vague and lacking in the safeguards required by the parent Article 23 GDPR (which enables Member States to enact domestic exemptions).The exemption follows a formula which is familiar from other exemptions, old and new – processing of personal data relating to some public good is exempt from data subject rights, to the extent that the public good is jeopardised by execise of those rights. The immigration-specific exemption is new – as the Secretary of State’s witness explained [29], ‘where an exemption was required in an immigration context, reliance was placed on the crime exemption contained latterly in s.29 of DPA 1998’. In other words, the Home Office was getting by OK under the old regime, and one aspect of the challenge to the exemption was that the introduction of a measure infringing fundamental rights must be ‘strictly necessary’.

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Panopticon, 5th December 2019

Source: panopticonblog.com

Supreme Court holds that Dublin III Detention between January 2014 and March 2017 was unlawful – Garden Court Chambers

‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’

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Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

Settled Status, Permanent Residence and Indefinite Leave to Remain – Richmond Chambers

Posted December 4th, 2019 in brexit, citizenship, immigration, news, passports, time limits by sally

‘With the UK’s impending exit from the EU, the Government has created new appendices to the Immigration Rules, Appendix EU and Appendix EU (Family Permit). The purpose of Appendix EU is to set out the basis on which an EEA citizen and their family members, and the family member of a qualifying British citizen, will be granted settled status or pre-settled status. These applications are under the Immigration Rules.’

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Richmond Chambers, 25th November 2019

Source: immigrationbarrister.co.uk

“The Red line: Assessing “Proportionality” in Article 8 ECHR Family Rights” – Church Court Chambers

Posted December 4th, 2019 in citizenship, families, human rights, immigration, news, proportionality by sally

‘Islam Khan discusses a recent Court Of Appeal case in an immigration matter shifting the test on proportionality on Human Rights cases.’

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Church Court Chambers, 3rd December 2019

Source: churchcourtchambers.co.uk

What are ‘insurmountable obstacles’ to family life? – Richmond Chambers

Posted December 4th, 2019 in families, human rights, immigration, married persons, news by sally

‘What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights. This will be possible if they are able to show that they would face ‘insurmountable obstacles to family life continuing outside the UK with that partner’ as outlined in EX.1.(b) of the Immigration Rules.’

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Richmond Chambers, 29th November 2019

Source: immigrationbarrister.co.uk

“The BANGER extension” – Church Court Chambers

Posted December 4th, 2019 in citizenship, EC law, immigration, married persons, news, treaties by sally

‘Islam Khan explores what the “BANGER” extension establishes and how it affects the current “Surinder Singh” principle.’

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Church Court Chambers, 2nd December 2019

Source: churchcourtchambers.co.uk

Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful – UK Human Rights Blog

‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’

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UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com

New Judgment: R (Hemmati & Ors) (AP) v Secretary of State for the Home Department [2019] UKSC 56 – UKSC Blog

‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Home Office unlawfully imprisoned asylum seekers, supreme court rules – The Guardian

‘The Home Office “falsely imprisoned” many asylum seekers who are now entitled to damages for their loss of liberty at the hands of the government, five supreme court judges have ruled.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

Home Office reverses attempt to deport Jamaican man ‘to Iraq’ – The Guardian

Posted November 26th, 2019 in deportation, immigration, news by tracey

‘The Home Office has made a U-turn in the case of a man caring for his terminally ill partner who was told he was going to be deported to Jamaica because officials had concluded that he “failed to demonstrate that his life would be at risk in Iraq”.’

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The Guardian, 26th November 2019

Source: www.theguardian.com

Lorry driver pleads guilty over role in Essex deaths – The Guardian

Posted November 25th, 2019 in conspiracy, guilty pleas, homicide, immigration, news, trafficking in human beings by sally

‘A lorry driver charged with the manslaughter of 39 Vietnamese migrants found dead in a refrigerated trailer has pleaded guilty to plotting to assist illegal immigration.’

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The Guardian, 25th November 2019

Source: www.theguardian.com

SRA suspends immigration part of new rules – Legal Futures

Posted November 25th, 2019 in immigration, news, regulations, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) has had to suspend rules due to come into force today that would allow solicitors to operate from firms regulated by the Office of the Immigration Services Commissioner (OISC).’

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Legal Futures, 25th November 2019

Source: www.legalfutures.co.uk