‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘Two children who were born in London to an EU couple have been told they can stay in the country after all. The news comes a week after they were told by the Home Office that their application for permanent residency cards was refused.’
The Guardian, 23rd April 2017
Source: www.guardian.co.uk
‘In the wake of post-Brexit fears for the future of EU citizens in the UK, lawyers should be aware that many of these children are already British, or can become citizens by right, write Solange Valdez-Symonds and Steve Valdez-Symonds.’
Legal Voice, 19th April 2017
Source: www.legalvoice.org.uk
‘The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali [2016] UKSC 60 is confined to cases in which the Immigration Rules are applied and does not apply to cases decided under the statutory human rights considerations introduced by the Immigration Act 2014.’
Free Movement, 18th April 2017
Source: www.freemovement.org.uk
‘A new fast-track system to speed up immigration and asylum appeals for those in detention has been drawn up.’
Ministry of Justice, 18th April 2017
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Accelerating appeals for detained asylum seekers risks putting speed before justice, the Law Society has warned, after justice secretary Liz Truss unveiled a new system she says will save taxpayers an estimated £2.7m.’
Law Society’s Gazette, 18th April 2017
Source: www.lawgazette.co.uk
‘The UK government has issued new guidance to help local authorities meet duties to check that people selling alcohol in licensed premises in England and Wales are entitled to work in the country.’
OUT-LAW.com, 11th April 2017
Source: www.out-law.com
‘An investigation has been launched into the death of a 43-year-old man in an immigration removal centre on Sunday, the Home Office has confirmed.’
The Guardian, 10th April 2017
Source: www.guardian.co.uk
‘New powers to prevent illegal working in premises that sell alcohol or provide late night refreshment have come into force in England and Wales.’
Local Government Lawyer, 10th April 2017
Source: www.localgovernmentlawyer.co.uk
‘New powers to prevent illegal working in premises that sell alcohol or provide late night refreshment have come into force in England and Wales today.’
Home Office, 6th April 2017
Source: www.gov.uk/home-office
‘SS (Congo) v Entry Clearance Officer, Nairobi, [2017] UKSC 10. The Supreme Court has ruled that, in principle, the need for spouses or civil partners in the UK to have an annual minimum income of £18,600 in order to obtain entry clearance for their non-EEA spouse/civil partner to be compliant with the European Convention on Human Rights (“ECHR”). However, the Supreme Court stated that the relevant Immigration Rules relating to such Minimum Income Requirements (“MIR”) failed to adequately take account of the need to safeguard and promote the welfare of children when making an entry decision. Finally, the prohibition on taking into account prospective earnings of the foreign spouse or civil partner when applying the MIR was inconsistent with the evaluative exercise required under Article 8, ECHR.’
UK Human Rights Blog, 6th April 2017
Source: www.ukhumanrightsblog.com
‘Black immigration officers struggled to pass promotion exams because the tests were racist, a court has heard. A group of 49 Home Office employees is now set to sue the Government over claims that the exams are discriminatory.’
Daily Telegraph, 5th April 2017
Source: www.telegraph.co.uk
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