‘In this article Catherine Casserley and Tom Gillie consider race discrimination in housing and, in particular, the obligations that landlords have not to discriminate themselves and to take action when their tenants are experiencing discrimination and harassment by other tenants.’
Cloisters, 22nd August 2016
Source: www.cloisters.com
‘It is time to start thinking about the possible elements of a postwithdrawal settlement calculated to ensure a continuing close relationship between the UK and the EU. A solution that caters for the UK’s economic needs ought to be attainable, if it is also designed to play to the country’s particular strengths, which make it a more important partner for the EU than any other European State.’
Henderson Chambers, 10th August 2016
Source: www.hendersonchambers.co.uk
‘This post sets out some of the legal issues arising after the referendum of 23 June 2016, taking a generous liberty with the interpretation of the lyrics of The Eagles’ song “Hotel California”.’
Littleton Chambers, 12th August 2016
Source: www.littletonchambers.com
‘“Brexit means Brexit”, or so says our new Prime Minister. Sadly, it is almost certainly not as simple as that. The UK has voted for Brexit, but which Brexit?’
Halsbury’s Law Exchange, 22nd August 2016
Source: www.halsburyslawexchange.co.uk
‘Two people who attempted to smuggle an Albanian man into the UK via the Channel Tunnel have been jailed for a total of 6 years.’
Home Office, 16th August 2016
Source: www.gov.uk/home-office
‘The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum claims, even though this has been held to be unlawful, as a matter of EU law, since July 2015. Having made positive strides with respect to the quality of decision-making since the public outcry over the sexually explicit methods of questioning gay asylum seekers in February 2014, in August 2016 this API will lead to sub-standard and unlawful decisions by the Home Office, and arguably Courts and Tribunals who rely on the API, leading to devastating outcomes to those returned to countries where they will suffer persecution.’
Free Movement, 8th August 2016
Source: www.freemovement.org.uk
‘People held at Britain’s immigration removal centres can be thrown into solitary confinement against medical advice and held for hours without any explanation, according to new guidance set to be issued to guards by the Home Office.’
The Independent, 2nd August 2016
Source: www.independent.co.uk
‘A migrant who entered the UK illegally raped a “terrified” woman on her morning commute to work just months after he was allowed to stay.’
Daily Telegraph, 1st August 2016
Source: www.telegraph.co.uk
‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’
Counsel, August 2016
Source: www.counselmagazine.co.uk
‘June was a bumper month in the developing field of claims concerning vulnerable migrant workers who are badly treated by their employers. English law offers a patchwork quilt of contractual and statutory protections. One of the challenges for advisers and representatives is identifying the most appropriate causes of action for the treatment received.’
Littleton Chambers, 14th July 2016
Source: www.littletonchambers.com
‘In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin) held that the Home Office may not lawfully require the Claimant, under section 35 of the 2004 Act, to tell Zimbabwean officials that he agrees to return voluntarily.’
Free Movement, 26th July 2016
Source: www.freemovement.org.uk
‘The UK is shirking its responsibility to care for thousands of unaccompanied migrant children, dismissing them as “somebody else’s problem”, a report has concluded.’
The Guardian, 26th July 2016
Source: www.guardian.co.uk
‘The Government has been accused of quietly ditching its policy of ending child detention in prison-style immigration centres after it announced the closure of new flagship accommodation for families being removed from the UK.’
The Independent, 22nd July 2016
Source: www.independent.co.uk
‘A lorry driver accused of bringing illegal immigrants into the UK in his trailer has had a £10,000 fine overturned by the Home Office.’
BBC News, 19th July 2016
Source: www.bbc.co.uk
‘New immigration offences have now come into force, meaning it will now be easier to prosecute those who employ illegal workers.’
OUT-LAW.com, 13th July 2016
Source: www.out-law.com
‘Six years ago tomorrow [7 July], the UK Supreme Court said that gay people should not have to hide their sexuality in order to avoid persecution in their home country.’
RightsInfo, 6th July 2016
Source: www.rightsinfo.org
‘The claimant foreign nationals, NA, KJ, WM and MY, who had resided for significant periods of time in the United Kingdom, were convicted of offences to which they were sentenced to periods of imprisonment of 12 months or more. As a result, they fell within the definition of foreign criminals in section 32 of the UK Border Act 2007, in respect of whom the Secretary of State was liable to make a deportation order, subject to the exceptions in section 33, which included where deportation would breach the offender’s rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The claimants in each case made representations against their deportation in reliance on their rights to a private and family life under article 8 of the Convention. Paragraph 398 of the Immigration Rules, as they applied between July 2012 and 27 July 2014 (“the 2012 Rules”), provided that when assessing a claim that deportation would be contrary to an offender’s rights under article 8 of the Convention, the Secretary of State was required to consider whether the circumstances in paragraph 399 and 399A of the 2012 Rules existed, and that if they did not, it was only in exceptional circumstances that the public interest in deportation would be outweighed by other factors. The circumstances: (1) in paragraph 399 were that the claimant had a genuine and subsisting parental relationship with a child dependent on the claimant or a partner and it was not reasonable to expect the child to leave the United Kingdom or there were insurmountable obstacles to family life with the partner continuing outside the United Kingdom; and (2) in paragraph 399A were the long residence of the claimant in the United Kingdom and lack of family, social or cultural ties with the country to which he was to be removed. Pararaphs 399 and 399A applied to offenders sentenced to imprisonment for at least 12 months but less than four years (“medium offenders”) but not to those sentenced to periods of four years or more (“serious offenders”). ‘
WLR Daily, 16th June 2016
Source: www.iclr.co.uk
‘In the first of an occasional series, we discuss a controversial human rights case and argue that there is another side to the way the case was reported.’
RightsInfo, 7th July 2016
Source: www.rightsinfo.org
‘The Supreme Court has held that less favourable treatment on the grounds of or because of immigration status is not discrimination because of nationality in Taiwo v Olaigbe and another [2016] UKSC 31.’
Littleton Chambers, 23rd June 2016
Source: www.littletonchambers.com
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