Tier 2: is it Brexit ready? – Free Movement
‘Everything about the UK work permit system is designed to disincentivise employers importing migrant labour from outside of the EU.’
Free Movement, 12th June 2017
Source: www.freemovement.org.uk
Category: immigration
Judge hits out at border controls after alleged mastermind of Britain’s biggest ever banking fraud flees despite no passport – Daily Telegraph
‘A judge has hit out at UK border controls after a tycoon suspected of masterminding Britain’s biggest ever banking fraud was able to flee to Pakistan despite having no passport and whilst wearing an electronic tag.’
Daily Telegraph, 8th June 2017
Source: www.telegraph.co.uk
Zimbabwean national unlawfully detained after Home Office fails to serve immigration decision – Free Movement
‘Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK before detaining him, rendering his detention unlawful. The case is R (on the application of) Godwin Chaparadza v Secretary of State for the Home Department [2017] EWHC 1209 (Admin).’
Free Movement, 7th June 2017
Source: www.freemovement.org.uk
When must the tribunal allow appeals against Home Office decisions containing errors of law? – Free Movement
‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’
Free Movement 5th June 2017
Source: www.freemovement.org.uk
UK unlawfully denies transfer to UK of refugees living for 18 years in Cyprus British Sovereign Base – Free Movement
‘R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397. The British Sovereign Base Areas (“SBAs”) are small British-run areas on the Cyprus islands that survived the former colony’s independence. The Home Office has taken the position for a number of years that the Refugee Convention does not apply there. The Court of Appeal has unanimously held that in doing so, then-Home Secretary Theresa May acted unlawfully in denying refugees from the SBAs access to the UK.’
Free Movement, 6th June 2017
Source: www.freemovement.org.uk
When must the tribunal allow appeals against Home Office decisions containing errors of law? – Free Movement
‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’
Free Movement, 5th June 2017
Source: www.freemovement.org.uk
Romanian nurse suspended for failing to understand English – Daily Telegraph
‘A Romanian nurse hired after being interviewed via Skype put patients’ health at risk because his English was so bad, a tribunal has heard.’
Daily Telegraph, 2nd June 2017
Source: www.telegraph.co.uk
UK wrong to deny residence rights for non-EEA family members of dual nationals – Free Movement
‘The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit.’
Free Movement, 31st May 2017
Source: www.freemovement.org.uk
UK wrong to deny residency rights in test case, EU’s legal adviser says – The Guardian
‘The Home Office was wrong to deny the Algerian husband of a dual British-Spanish citizen the right to live with her in the UK, according to the initial opinion of the European court of justice’s advocate general in a test case.’
The Guardian, 30th May 2017
Source: www.theguardian.com
Court of Appeal dismisses challenge to rules on Adult Dependent Relatives – Free Movement
‘The Court of Appeal has dismissed the challenge brought by campaign group Britcits to the restrictive Immigration Rules on the admission to the UK of parents, grandparents and other adult dependent relatives. The case is BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368.’
Free Movement, 30th May 2017
Source: www.freemovement.org.uk
Number of people detained for longer than six months under Immigration Act powers increases by 10% – The Independent
‘The number of people detained under Immigration Act powers for longer than six months has increased by 10 per cent in the past year, statistics have revealed.’
The Independent, 26th May 2017
Source: www.independent.co.uk
Convicted Nigerian fraudster James Ibori wins £1 from UK – BBC News
‘Convicted fraudster and former Nigerian state governor James Ibori has been awarded £1 ($1.30) for being unlawfully detained for 42 hours in the UK.’
BBC News, 23rd May 2017
Source: www.bbc.co.uk
No human rights issues to be raised in EEA appeals, confirms Court of Appeal – Free Movement
‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’
Free Movement, 19th May 2017
Source: www.freemovement.org.uk
UK law found to be more generous than EU law for jobseekers acquiring permanent residence – Free Movement
‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’
Free Movement, 22nd May 2017
Source: www.freemovement.org.uk
Victims of slavery and human trafficking ‘abandoned’ as soon as they are identified – The Independent
‘Hundreds of slavery victims in the UK are being “abandoned” by the authorities as soon as they are identified, placing them at risk of falling straight back into the hands of traffickers, experts have warned.’
The Independent, 22nd May 2017
Source: www.independent.co.uk
Immigration: what to expect from the main parties – Law Society’s Gazette
‘On 18 April 2017, despite previous assertions to the contrary, Theresa May called an early general election for 8 June. The unexpected move was intended to bolster the prime minister’s support in parliament as she leads the UK into Brexit negotiations. The decision also left opposition parties little more than seven weeks to attempt to mount successful campaigns.’
Law Society’s Gazette, 15th May 2017
Source: www.lawgazette.co.uk
Home Office faces legal challenge over Theresa May’s landlord immigration checks – The Independent
‘The Government is facing a legal challenge over its policy of forcing landlords to conduct immigration checks on their tenant.’
The Independent, 16th May 2017
Source: www.independent.co.uk
Landmark European court case could curtail freedoms of British dual nationals – The Guardian
‘Judges at the European court of justice have gathered to rule on a landmark case that could have widespread implications for all EU citizens applying for British passports. ‘
The Guardian, 16th May 2017
Source: www.guardian.co.uk
Family life succeeds in defeating s.94B ‘deport first, appeal later’ certification – Free Movement
‘The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act 2002 (as amended). The issue has been considered several times on Free Movement, and judgment is still awaited on the lead test case of Kiarie and Byndloss v SSHD [2015] EWCA Civ 1020, heard by the Supreme Court in March.’
Free Movement, 15th May 2017
Source: www.freemovement.org.uk
Another successful unlawful detention claim – Free Movement
‘R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a further example of the Secretary of State’s ‘enduring casualness’ [23] when dealing with cases involving immigration detention.’
Free Movement, 9th May 2017
Source: www.freemovement.org.uk
