Court of Appeal unhappy with Home Office position and submissions in student case – Free Movement

Posted May 16th, 2016 in appeals, education, immigration, news, passports by sally

‘Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to describe the arguments advanced by the Home Office in the course of their judgments in the remarkable case of R (On the Application Of Ufot) v Secretary of State for the Home Department [2016] EWCA Civ 298.’

Full story

Free Movement, 16th May

Source: www.freemovement.org.uk

Court rejects request by same-sex Indian couple to remain in UK – The Guardian

Posted May 13th, 2016 in homosexuality, immigration, India, married persons, news by tracey

‘A married lesbian couple from India who have lived legally in the UK for many years have had their request to continue living in Britain rejected despite the fact their relationship will not be legally recognised in the south Asian country.’

Full story

The Guardian, 12th May 2016

Source: www.guardian.co.uk

Brexit brainstorming: immigration analysis – New Law Journal

Posted May 11th, 2016 in brexit, citizenship, EC law, freedom of movement, immigration, news, referendums by sally

‘How will UK-based EU citizens fare in the event of a full Brexit? Kate Beaumont gets an expert opinion from Tim Eicke QC.’

Full story

New Law Journal, 6th May 2016

Source: www.newlawjournal.co.uk

Evidential flexibility policy is additional to the provisions of the Immigration Rules – Free Movement

Posted May 11th, 2016 in appeals, documents, evidence, immigration, news by sally

‘In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was “much broader” than the rules themselves. The case is SH (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 426.’

Full story

Free Movement, 11th May 2016

Source: www.freemovement.org.uk

New Home Office instruction on risk assessment for immigration detainees – Free Movement

Posted May 11th, 2016 in codes of practice, detention, immigration, news by sally

‘A new Detention Services Order, DSO 03/2016, has been issued by the Home Office. The name is innocuous — Considering detainee placement — but we can hope that it will have a significant impact because what it really requires is a proper risk assessment before a person is accepted into immigration detention. And about time too. We have in recent years seen some appalling and utterly in humane detention decisions, at least one of which appears directly to have led to the death of a very vulnerable elderly man, Alois Dvorcak.’

Full story

Free Movement, 9th May 2016

Source: www.freemovement.org.uk

Afghan interpreter asks ‘how many more must die’ as he loses High Court fight – Daily Telegraph

Posted May 10th, 2016 in Afghanistan, appeals, armed forces, immigration, interpreters, news by sally

‘An Afghan interpreter who served alongside British troops on the front line has pleaded to be “allowed to live in safety, free of threats from the Taliban” after losing his High Court fight for better protection.’

Full story

Daily Telegraph, 9th May 2016

Source: www.telegraph.co.uk

Illegal immigrant exploited FGM laws to stay in Britain – Daily Telegraph

‘An illegal immigrant from Nigeria was granted leave to remain in Britain after falsely alleging that her daughters would be subjected to female genital mutilation if they were sent back.’

Full story

Daily Telegraph, 8th May 2016

Source: www.telegraph.co.uk

Bill forcing people to prove nationality slammed as discriminatory – The Guardian

Posted May 5th, 2016 in bills, documents, immigration, news, passports, police, race discrimination by tracey

‘Government measures making people prove their nationality or face prosecution risk damaging community relations and are discriminatory, critics have warned.’

Full story

The Guardian, 4th May 2016

Source: www.guardian.co.uk

Refugee held illegally after Home Office refused to believe he was 16 – The Guardian

‘Call for investigation into case of Syrian boy who was locked up for almost a month despite having documents proving identity.’

Full story

The Guardian, 4th May 2016

Source: www.guardian.co.uk

Age assessment and litigation fairness – Local Government Lawyer

Posted May 3rd, 2016 in appeals, children, immigration, news, social services, tribunals by tracey

‘The Court of Appeal has handed down a wide-reaching judgment that directly concerns age assessment cases, but the principles enunciated apply to all litigation (private and public), writes Peter Oldham QC.’

Full story

Local Government Lawyer, 28th April 2016

Source: www.localgovernmentlawyer.co.uk

Romanian sex workers challenge UK immigration policy – The Guardian

Posted May 3rd, 2016 in deportation, immigration, news, prostitution, self-employment by tracey

‘A policy aimed at deporting “high-harm” EU-national criminals and those not entitled to remain in Britain is to be challenged by Romanian sex workers who maintain they are self-employed.’

Full story

The Guardian, 1st May 2016

Source: www.guardian.co.uk

Two Parliament committees to investigate eBorders meltdown that left Britain exposed – Daily Telegraph

Posted May 3rd, 2016 in computer programs, immigration, news, select committees, visas by tracey

‘Two of Parliament’s most influential committees will next week investigate how Britain’s system of screening for terrorists crashed last summer without the public knowing.’

Full story

Daily Telegraph, 2nd May 2016

Source: www.telegraph.co.uk

Police try to keep rapist’s identity secret to protect his human rights – Daily Telegraph

Posted April 29th, 2016 in anonymity, human rights, immigration, news, rape by tracey

‘Police tried to protect the identity of a Polish rapist because of racial tensions between locals and eastern European migrants in the area.’

Full story

Daily Telegraph, 29th April 2016

Source: www.telegraph.co.uk

Asylum court fee hike makes access to justice a “luxury” for the few – The Bar Council

Posted April 28th, 2016 in asylum, barristers, civil justice, fees, immigration, press releases, tribunals by tracey

‘Plans put forward by the Ministry of Justice yesterday to increase fees for those seeking justice through the Immigration and Asylum tribunal system by 500% is yet another step towards putting access to justice beyond the means of those who most need it, warns the Bar Council.’

Full press release

The Bar Council, 28th April 2016

Source: www.barcouncil.org.uk

Transgender woman facing military service as a man can stay in UK – The Guardian

Posted April 28th, 2016 in armed forces, asylum, deportation, immigration, news, transgender persons by tracey

‘A transgender woman has been granted sanctuary in the UK to protect her from doing compulsory military service as a man in Singapore. In the first case of its kind, two judges ruled that she should not be forcibly returned to her home country, where she would be forced to do two weeks of military service a year for the next eight years.’

Full story

The Guardian, 27th April 2016

Source: www.guardian.co.uk

Regina (Sino) v Secretary of State for the Home Department – WLR Daily

Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

Government defeated again in Lords over child refugees – BBC News

‘The government has been defeated again in the House of Lords over calls to take in child refugees from Europe.’

Full story

BBC News, 26th April 2016

Source: www.bbc.co.uk

Immigration tribunal can appoint litigation friend despite no provision in the rules – Free Movement

‘In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there is no provision to do so in the procedure rules, nor indeed in the statutory underpinnings of the tribunal.’

Full story

Free Movement, 27th April 2016

Source: www.freemovement.org.uk

Government avoids defeat over lone child refugees call – BBC News

Posted April 26th, 2016 in amendments, bills, children, immigration, news, refugees by sally

‘MPs have voted against an attempt to force the government to allow 3,000 unaccompanied child refugees into the UK from Europe.’

Full story

BBC News, 26th April 2016

Source: www.bbc.co.uk

Asylum and immigration court fees set to rise by over 500% – The Guardian

‘Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.’

Full story

The Guardian, 21st April 2016

Source: www.guardian.co.uk