Category: immigration

Past deception to obtain Indefinite Leave to Remain may lead to status being revoked – Free Movement

Posted January 13th, 2016 in identity fraud, immigration, news by sally

‘The case of Huang & Ors, R (on the application of) v Secretary of State for the Home Department (“No Time Limit” Transfer: Fraud) (IJR) [2015] UKUT 662 (IAC) arises from the provision of false or incorrect identity information by asylum seekers who were initially refused asylum but who were then never removed and were later granted status under the Legacy amnesty backlog clearance programme.’

Full story

Free Movement, 12th January 2016

Source: www.freemovement.org.uk

Sham bride whose crime ‘struck at heart of immigration system’ is jailed – Daily Telegraph

Posted January 12th, 2016 in fraud, immigration, marriage, news, sentencing by sally

‘Babysitter who claimed she was pressured into taking part in sham marriage to man in Blackburn is sentenced to six months in prison.’

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Daily Telegraph, 11th January 2016

Source: www.telegraph.co.uk

Massive increase in family immigration fees for 2016-17 – Free Movement

Posted January 12th, 2016 in families, fees, immigration, news, visas by sally

‘The Home Office is proposing a massive 25% increase in already high immigration application fees for families for the year 2016-17. Family and spouse visas will in future cost £1,195. The maximum chargable for these applications will be increased from £2,141 to £3,250. The fee for a settlement application will increase to £1,875 and to £2,676 for Adult Dependant Relatives.’

Full story

Free Movement, 12th January 2016

Source: www.freemovement.org.uk

Landlords in England get ready for right to rent – Home Office

Posted January 11th, 2016 in codes of practice, consultations, equality, human rights, immigration, landlord & tenant, local government, press releases, rent by tracey

‘Landlords in England are being reminded that there is less than a month to go before “right to rent” rules go live.’

Full press release

Home Office, 8th January 2016

Source: www.gov.uk/home-office

Retrospective success fee was justified, High Court rules – Litigation Futures

Posted January 7th, 2016 in costs, fees, immigration, law firms, legal aid, news by sally

‘A law firm was justified in charging a retrospective success fee as the claimant did not face different risks when he signed a conditional fee agreement (CFA) as when he had applied for legal aid five months earlier, the High Court has ruled.’

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Litigation Futures, 7th January 2016

Source: www.litigationfutures.com

Court of Appeal: immigration age assessments and Merton – UK Human Rights Blog

Posted January 6th, 2016 in appeals, asylum, children, detention, documents, evidence, human rights, immigration, judicial review, local government, news, reasons by sally

‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’

Full story

UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com

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

Posted January 6th, 2016 in disclosure, documents, EC law, immigration, judicial review, law reports by sally

Regina (AZ) v Secretary of State for the Home Department [2015] EWHC 3695 (Admin); [2015] WLR (D) 549

‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

Court of Appeal considers EU deportation, public revulsion and “imperative grounds” – Free Movement

Posted January 6th, 2016 in appeals, assault, deportation, EC law, freedom of movement, identity fraud, immigration, interpretation, news, proportionality, robbery by sally

‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’

Full story

Free Movement, 6th January 2016

Source: www.freemovement.org.uk

Privatise Britain’s border controls, says new report – Daily Telegraph

Posted January 4th, 2016 in contracting out, immigration, news, reports by sally

‘Think-tank says UK Border Force – set up only four years ago – is failing and should have passport control functions put out to contract.’

Full story

Daily Telegraph, 3rd January 2016

Source: www.telegraph.co.uk

Home Office loses track of more than 10,000 asylum seekers – The Guardian

Posted December 18th, 2015 in asylum, enforcement, government departments, immigration, news by tracey

‘The Home Office has lost touch with more than 10,000 asylum seekers in Britain and efforts to trace them are considered “a drain on resources”, the official immigration watchdog has revealed.’

Full story

The Guardian, 17th December 2015

Source: www.guardian.co.uk

DM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted December 15th, 2015 in appeals, crime, deportation, human rights, immigration, law reports by sally

DM (Zimbabwe) v Secretary of State for the Home Department [2015] EWCA Civ 1288; [2015] WLR (D) 516

‘Where the Home Secretary was intending to deport a man unlawfully present in the United Kingdom who had been convicted of offences it remained the case that, despite strong pointers towards deportation, the Home Secretary might not make a deportation order if that would breach his rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 11th December 2015

Source: www.iclr.co.uk

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department – WLR Daily

Posted December 14th, 2015 in appeals, deportation, EC law, immigration, law reports, public interest by sally

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department [2015] EWCA Civ 1245; [2015] WLR (D) 512

‘When determining whether the removal of an EEA national who had acquired a permanent right of residence in the United Kingdom was justified on serious grounds of public policy or public security, wider factors, such as the public interest in deterrence and the need to demonstrate public revulsion at the offender’s conduct, could not properly be taken into account.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

When might deportation orders be revoked before 10 years is up? – Free Movement

Posted December 14th, 2015 in appeals, deportation, families, fraud, human rights, immigration, marriage, news, public interest, time limits by sally

‘The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of immigration law ever seen in a reported decision: overstaying a visit visa in 2002 then organising and taking part in sham marriages, fleeing abroad in 2003 when detected and being convicted in her absence and then re-entering the UK in a false identity in 2005, obtaining settlement in this false identity in 2007 and then on detection being convicted again for breaches of immigration law and, after serving her sentence, being deported in 2009.’

Full story

Free Movement, 14th December 2015

Source: www.freemovement.org.uk

Home Office ‘used wrong law’ in bid to send high-risk Jamaican criminal home – Daily Telegraph

Posted December 14th, 2015 in deportation, drug offences, government departments, human rights, immigration, news by sally

‘Michael Evans Clarke will be allowed to stay in Britain indefinitely under human rights laws following the Home Office gaffe.’

Full story

Daily Telegraph, 12th December 2015

Source: www.telegraph.co.uk

Could Donald Trump be given a visa ban preventing him travelling to the UK? – Free Movement

Posted December 10th, 2015 in freedom of expression, immigration, news, visas by sally

‘Following his attention seeking call for all Muslims to be banned from entering the United States, there have been calls for Donald Trump to be given a “visa ban” preventing him from coming to the UK. Is this feasible in UK immigration law?’

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Free Movement, 9th December 2015

Source: www.freemovement.org.uk

Court of Appeal rules burden for proving sham marriage rests with Home Office – Free Movement

Posted December 9th, 2015 in appeals, burden of proof, costs, EC law, fraud, immigration, marriage, misrepresentation, news, tribunals by sally

‘The Court of Appeal has reiterated that the burden of proof for proving whether a marriage is a sham for immigration law purposes rests with the Home Office. The case is Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 and it confirms the obiter remarks of former President Blake in the earlier tribunal case of Entry Clearance Officer, Nicosia v Papajorgji [2012] UKUT 00038 (IAC) (FM post: New case law on meaning of genuine and subsisting marriage).’

Full story

Free Movement, 9th December 2015

Source: www.freemovement.org.uk

Foreign prisoners ‘will be let out early’ under agreement they leave UK – Daily Telegraph

Posted December 9th, 2015 in community service, deportation, early release, immigration, news, prisons by sally

‘The new plans have surfaced among fears that tension is mounting in overcrowded prisons.’

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Daily Telegraph, 9th December 2015

Source: www.telegraph.co.uk

Upper Tribunal continues to refuse to enforce procedure rules against Home Office – Free Movement

Posted December 4th, 2015 in costs, government departments, immigration, judicial review, news by tracey

‘In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton, the Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, concludes (1) that applicants for judicial review cannot supplement or amend their position but (2) the Home Office can.’

Full story

Free Movement, 2nd December 2015

Source: www.freemovement.org.uk

Flaws in Home Office security forcing staff to rely on incomplete intelligence – The Guardian

Posted December 3rd, 2015 in computer programs, immigration, news, passports, reports, terrorism, visas by tracey

‘A security database used to identify potential terrorists entering the UK is breaking down twice a week forcing frontline staff to rely on incomplete intelligence, an official report has revealed. Independent auditors found that the warnings index system, which was supposed to be dismantled more than 12 years ago, is so unstable that it regularly collapses. The e-borders system which was supposed to replace it in 2011 will not be implemented before 2019 at a cost of more than £1bn, the National Audit Office report has concluded.’

Full story

The Guardian, 3rd December 2015

Source: www.guardian.co.uk

When to call it a day… – Nearly Legal

Posted December 2nd, 2015 in asylum, health, housing, immigration, judicial review, news, pre-action conduct by sally

‘The risks of a client deciding to go it alone at the last stage of judicial review proceedings.’

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Nearly Legal, 30th November 2015

Source: www.nearlylegal.co.uk