“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

Study restrictions ‘unlawfully imposed’ on university students – Law Society’s Gazette

Posted November 22nd, 2019 in asylum, bail, immigration, news, universities by tracey

‘TThe Home Office has agreed to review its immigration bail guidance, a law firm has said as it was preparing to challenge the government in court next week in a case concerning two asylum-seeking university students.’

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Law Society's Gazette, 21st November 2019

Source: www.lawgazette.co.uk

Hawala: why it is used and what family practitioners should know about it – Family Law Week

‘Byron James, Partner and Head of Expatriate Law in Dubai, explains the challenges presented to family lawyers by the effective method of anonymous international money transfer system used around the world.; why and what family practitioners should know about it.’

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Family Law Week, 20th November 2019

Source: www.familylawweek.co.uk

Jury highlight Morton Hall multiple staff failures as inquest concludes on death of immigration detainee Carlington Spencer – Garden Court Chambers

Posted November 20th, 2019 in death in custody, detention, immigration, inquests, juries, news by sally

‘The inquest into the death of Carlington Spencer, known to his family as ‘Jammy’, concluded on Friday 8 November. Carlington was an immigration detainee at Morton Hall Immigration Removal Centre.’

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Garden Court Chambers, 14th November 2019

Source: www.gardencourtchambers.co.uk

Home Secretary announces investigation into Brook House immigration removal centre will be converted into Public Inquiry – Garden Court Chambers

Posted November 20th, 2019 in detention, immigration, inquiries, news, ombudsmen by sally

‘On 5 November 2019 the Secretary of State for the Home Department, Priti Patel, announced to Parliament that the Prisons and Probations Ombudsman (PPO) investigation of Brook House immigration removal centre (IRC), set up to investigate the abuses revealed in the BBC Panorama documentary ‘Undercover: Britain’s Immigration Secrets’, has been converted to a statutory public inquiry in accordance with the Inquiries Act 2005.’

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Garden Court Chambers, 8th November 2019

Source: www.gardencourtchambers.co.uk

Judge allows inter-country adoption to proceed despite failure to comply with pre-adoption requirements – Local Government Lawyer

Posted November 15th, 2019 in adoption, children, delay, families, immigration, jurisdiction, local government, news, visas by tracey

‘An application for an inter-country adoption should not fail because of inconsequential errors made by the intending adopter, a High Court Family Division judge has ruled.’

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Local Government Lawyer, 14th November 2019

Source: www.localgovernmentlawyer.co.uk

Tommy Robinson appears in High Court over ‘very serious allegations’ about Syrian child bullied in viral video – The Independent

‘Tommy Robinson has appeared at the High Court over his comments about a Syrian refugee boy who was filmed being attacked at his school in Huddersfield.’

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The Independent, 15th November 2019

Source: www.independent.co.uk

Department for Education flouted rules when it secretly shared pupil data with Home Office, says watchdog – The Independent

Posted November 14th, 2019 in data protection, government departments, immigration, news, school children by tracey

‘The Department for Education (DfE) flouted data protection obligations when it shared information about children with the Home Office for immigration enforcement purposes, a watchdog had said.’

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The Independent, 14th November 2019

Source: www.independent.co.uk

Man died in immigration detention after staff ‘dismissed’ stroke as sign he had taken spice – The Independent

‘A man died in immigration detention after medical staff “dismissed” signs that he was having a stroke because they wrongly presumed that he had taken spice, an inquest has concluded.’

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The Independent, 12th November 2019

Source: www.independent.co.uk

Windrush victim dies without compensation or apology – The Guardian

‘Another prominent Windrush victim has died without receiving compensation or a personal apology from the government. Hubert Howard died on Tuesday, just three weeks after finally being granted British citizenship, 59 years after he arrived in London aged three.’

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The Guardian, 12th November 2019

Source: www.theguardian.com

Asylum seekers: Home Office taking ‘substantially longer’ on claims – BBC News

Posted November 8th, 2019 in asylum, delay, immigration, news, statistics by tracey

‘Decisions on asylum applications are taking “substantially” longer than they were five years ago, data suggests. In 2014, 80% of applicants received an initial decision within six months, compared with around 25% now, according to the Migration Observatory.’

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BBC News, 8th November 2019

Source: www.bbc.co.uk

Marriages of Convenience: Preparation and Procedures – Drystone Chambers

Posted November 7th, 2019 in appeals, immigration, marriage, news by sally

‘Recently I was instructed on an EEA case, where a marriage between an EEA national and an Albanian national was alleged to be a marriage of convenience after a “Mr and Mrs” marriage interview. The unusual feature in this case was that they had answered virtually all of the questions put to them with a high degree of consistency, which would usually be taken as evidence of the marriage being genuine.’

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Drystone Chambers, October 2019

Source: drystone.com