Category: immigration

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).’

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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.’

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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.’

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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

Is it lawful to detain immigration detainees in prisons? – Free Movement

Posted November 24th, 2015 in appeals, detention, human rights, illegality, immigration, news, prisons by sally

‘The Court of Appeal says “yes”, it is generally lawful to detain immigration detainees in prisons rather than detention centres. The case is R (On the Application Of Idira) v The Secretary of State for the Home Department [2015] EWCA Civ 1187 and the Court rules that there is no principle that administrative immigration detention in prison generally breaches Article 5(1) of the European Convention on Human Rights, the right to liberty. In giving judgment, though, the Master of the Rolls acknowledges that “detention in an IRC is generally more appropriate for immigrant detainees than detention in prison”.’

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Free Movement, 24th November 2015

Source: www.freemovement.org.uk

Perivale doctor and nurse guilty of keeping man as slave for 24 years – BBC News

Posted November 18th, 2015 in child cruelty, immigration, news, passports, trafficking in human beings by tracey

‘A doctor and his nurse wife have been found guilty of keeping a man as a slave for 24 years at their home.’

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BBC News, 17th November 2015

Source: www.bbc.co.uk

Adoptions from Abroad: Article 8 Fails to Assist – UK Human Rights Blog

Posted November 12th, 2015 in adoption, appeals, children, families, human rights, immigration, news, tribunals by sally

‘A child (SM) who was adopted in Algeria by a French couple living in the UK was refused an application for a right of entry as a family member. Having been overturned in the Upper Tribunal, the Entry Clearance Officer (ECO) successfully appealed to the Court of Appeal. SM was not, the court held, a family member of Mr M. A keen human rights observer might think this was an apparent infringement of article 8 ECHR (the right to family life).’

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UK Human Rights Blog, 12th November 2015

Source: www.ukhumanrightsblog.com

New Country Guidance case on Afghan Sikhs – Free Movement

Posted November 10th, 2015 in Afghanistan, asylum, harassment, immigration, news, religious discrimination, Sikhism, tribunals by sally

‘At long last the long awaited new Country Guidance case on Sikhs from Afghanistan is out. The case is TG and others (Afghan Sikhs persecuted) (CG) [2015] UKUT 595 (IAC).’

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Free Movement, 9th November 2015

Source: www.freemovement.org.uk

Home Office criticised over delays in immigration cases – BBC News

Posted November 10th, 2015 in complaints, delay, government departments, immigration, news, ombudsmen, reports by sally

‘The Home Office has been accused of delays and poor decision making in its handling of immigration cases.’

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BBC News, 10th November 2015

Source: www.bbc.co.uk

Man sentenced after invoice for $28m of ammunition was found on his mobile phone – Crown Prosecution Service

Posted November 2nd, 2015 in guilty pleas, immigration, possession of false identity documents, sentencing, terrorism by tracey

‘Abdurraouf Eshati, aged 29, from Wrexham was sentenced for terrorism and immigration offences today at the Old Bailey, Eshati received a six year prison sentence after he pleaded guilty yesterday at court.’

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Crown Prosecution Service, 27th October 2015

Source: www.cps.gov.uk

Immigration Rules changes – UK Visas and Immigration

Posted October 29th, 2015 in immigration, news, regulations, visas by sally

‘UK Visas and Immigration is making changes to the Immigration Rules affecting various categories.’

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UK Visas and Immigration, 29th October 2015

Source: www.gov.uk/government/organisations/uk-visas-and-immigration

Man, 84, awaiting deportation died in handcuffs ‘due to Home Office rules’ – The Guardian

Posted October 28th, 2015 in death in custody, deportation, detention, elderly, immigration, inquests, news by sally

‘An 84-year-old man being held at a detention centre died of a heart attack after being shackled for five hours while suffering chest pains, an inquest has heard.’

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The Guardian, 27th October 2015

Source: www.guardian.co.uk

Right to rent checks introduced for landlords in England – Home Office

Posted October 21st, 2015 in bills, documents, human rights, immigration, landlord & tenant, news, passports, penalties, rent by sally

‘The government has announced today that from 1 February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.’

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Home Office, 20th October 2015

Source: www.gov.uk/home-office

Whether the right to reside test complies with EU law when applied to ‘family benefits’ – Garden Court Chambers Blog

Posted October 21st, 2015 in benefits, EC law, families, immigration, news, Supreme Court by sally

‘Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test.’

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Garden Court Chambers Blog, 20th October 2015

Source: www.gclaw.wordpress.com

Slovakian jailed for raping teenager ‘while high on glue-like substance’ – Daily Telegraph

Posted October 21st, 2015 in closed circuit television, DNA, EC law, extradition, grievous bodily harm, immigration, news, rape, sentencing, sexual offences, warrants by sally

‘Court hears Zdenko Turtak, a 22-year-old Slovakian Roma, clubbed his victim 18 times with a rock and left her for dead in the Beeston area of Leeds.’

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Daily Telegraph, 20th October 2015

Source: www.telegraph.co.uk

Criticism of JR process ‘unfounded’, legal charity claims – Law Society’s Gazette

Posted October 21st, 2015 in Administrative Court, charities, immigration, judicial review, local government, news, statistics by sally

‘Perceptions that judicial review is an ineffective drain on the public purse and frequently abused by claimants are ‘at best misleading and at worst false’, according to a legal charity’s study of 502 cases.’

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Law Society’s Gazette, 19th October 2015

Source: www.lawgazette.co.uk

Supreme Court upholds evidential flexibility policy – Free Movement

Posted October 19th, 2015 in evidence, immigration, interpretation, news, regulations by sally

‘The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular followers of the blog will be familiar with this policy, which was first published here on Free Movement courtesy of Jane Heybroek. This was in 2012, despite the policy being in operation since 2009. It was later also published to the Home Office website.’

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Free Movement, 19th October 2015

Source: www.freemovement.org.uk

Part 6 of the Immigration Bill – Free Movement

Posted October 15th, 2015 in bills, human rights, immigration, international law, news, refugees, trafficking in human beings, visas by sally

‘The second reading of the Immigration Bill in the House of Commons is today. We have seen how even more appeals will be out of country under its regime, and the greater powers given to immigration officers under Part 3. Part 6 – including Schedules 7 and 8 – offers a mix of provisions, including ensuring the UK complies with international law on blacklisted persons and introduces civil penalties for aircraft and airport managers if they do not ensure people go through control zones. The final section gives a raft of new powers to immigration officers (where have we seen that before?), this time to intercept and detain boats suspected of carrying undocumented migrants, and to arrest anyone suspected of facilitating illegal migration in to the UK.’

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Free Movement, 13th October 2015

Source: www.freemovement.org.uk

UK appeal court backs ‘deport first, appeal later’ policy for foreign prisoners – The Guardian

Posted October 14th, 2015 in appeals, asylum, deportation, drug offences, families, human rights, immigration, news, public interest, Supreme Court by tracey

‘The Home Office won a key legal challenge on Tuesday over the “deport first, appeal later” policy, which removes the right of foreign prisoners to appeal against deportation from within the UK.’

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The Guardian, 13th October 2015

Source: www.guardian.co.uk