Woman who fled sexual abuse deported to Jamaica ‘because Home Office fax machine broken’ – The Independent

‘A woman who fled sexual abuse in Jamaica was deported back to the country because the Home Office’s fax machine was broken, lawyers have claimed.’

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The Independent, 4th October 2015

Source: www.independent.co.uk

UN torture investigator says UK plan to scrap Human Rights Act is ‘dangerous’ – The Guardian

‘The UN special rapporteur on torture has accused David Cameron of a “cold-hearted ” approach to the migration crisis, warning that plans to scrap the Human Rights Act risk subverting international obligations designed to protect people fleeing persecution.’

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The Guardian, 3rd October 2015

Source: www.guardian.co.uk

Part 3 of the 2015 Immigration Bill – enforcement – Free Movement

Posted October 1st, 2015 in bills, crime, documents, enforcement, evidence, immigration, news, stop and search by sally

‘Part 3 of the Immigration Bill gives a host of new, wide powers to immigration officers.

A person with leave to enter arrives in at the airport. Schedule 19(1) and (2) – the first section of Part 3 – gives immigration officers the power to curtail leave, rather to simply determine whether leave has been given and act accordingly. So someone arriving in the UK even with the appropriate leave will now have a lingering uncertainty as to whether they will be allowed in. This is likely to affect few migrants, but is indicative of the greater powers given to immigration officers throughout the Bill.’

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Free Movement, 1st October 2015

Source: www.freemovement.org.uk

Deport first, appeal later–the effects explained – Halsbury’s Law Exchange

‘Deport first, appeal later is part of the current strategy to cut net migration. As set out in the Immigration Bill 2015-16, the rule has been extended to all immigration appeals and judicial reviews, including where a so-called family life is involved, apart from asylum claims.’

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Halsbury’s Law Exchange, 30th September 2015

Source: www.halsburyslawexchange.co.uk

Court of Appeal dismisses ETS challenges – Free Movement

Posted September 29th, 2015 in appeals, human rights, immigration, news by sally

‘Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good looks cannot last forever. Decline is inevitable. It can be embraced with dignity but this eludes some performers, who simply go on playing the same tired old tunes for too long, sadly. Rare is the David Bowie, able to reinvent and adapt to move with the times. One Direction chose the former course and recently went their separate ways, abandoning their vocation to spend and enjoy the fruits of their labours. It is a lesson worth heeding.’

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Free Movement, 29th September 2015

Source: www.freemovement.org.uk

Report: “Serious irreversible harm” test case heard in Court of Appeal

Posted September 28th, 2015 in appeals, asylum, bills, consultations, deportation, human rights, immigration, news, public interest by sally

‘This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came into force on 28th July 2014, provides the Home Office the power to certify human rights claims made by people liable to deportation, so they are not entitled to an appeal within the UK. Instead they are expected to bring their appeal from the country in which the Home Office propose deportation. This logic has been catchily titled “deport first, appeal later” and the Conservatives pledged in their manifesto to roll it out for all immigration appeals. Indeed, the Immigration Bill 2015, published last week on 17th September, does just that.’

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Free Movement, 25th September 2015

Source: www.freemovement.org.uk

Mark Blake spared jail after leaking stories to newspaper – BBC News

‘An ex-official who leaked stories about an immigration centre has been spared jail to care for his two children.’

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BBC News, 21st September 2015

Source: www.bbc.co.uk

No human rights in EEA appeals says Upper Tribunal – Free Movement

Posted September 22nd, 2015 in appeals, EC law, human rights, immigration, news, tribunals by sally

‘The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal.’

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Free Movement, 21st September 2015

Source: www.freemovement.org.uk

Doesn’t it make you proud to be English? – Nearly Legal

Posted September 21st, 2015 in bills, housing, immigration, landlord & tenant, news by sally

‘The Immigration Bill 2015 has been published and will have a Second Reading in the House of Commons on October 13, 2015. It contains some truly remarkable provisions about housing. But first, short re-cap to remind you how we got to this stage.’
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Nearly Legal, 19th September 2015

Source: www.nearlylegal.co.uk

Illegal migrants in UK face jail if caught driving – The Guardian

Posted September 18th, 2015 in bills, forfeiture, immigration, news, road traffic offences by tracey

‘People who drive a car while they are in Britain illegally face being jailed and having their vehicle seized under powers included in the government’s latest immigration bill. Most of the measures in the legislation, published on Thursday, are designed to create “a hostile environment” for migrants who are in Britain unlawfully and have already been strongly trailed by ministers since the general election. The Commons second reading of the bill is scheduled for 13 October, shortly after the Conservative party conference.’

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The Guardian, 17th September 2015

Source: www.guardian.co.uk

High Court refers immigration solicitors to SRA after five “hopeless” judicial reviews – Legal Futures

Posted September 11th, 2015 in abuse of process, immigration, judicial review, law firms, news by tracey

‘The High Court has referred an immigration practice to the Solicitors Regulatory Authority after reviewing five “hopeless” judicial reviews, each of which had already been deemed to be an abuse of process.’

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Legal Futures, 11th September 2015

Source: www.legalfutures.co.uk

Immigration rule ‘has split 15,000 children from a parent’ – BBC News

Posted September 9th, 2015 in children, families, immigration, news, remuneration by sally

‘At least 15,000 children are separated from a parent because of income rules affecting some migrants, says the Children’s Commissioner for England.’

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BBC News, 9th September 2015

Source: www.bbc.co.uk

July 2015 immigration update podcast – Free Movement

‘Welcome to the July 2015 edition of the Free Movement immigration update podcast. In this episode I start by talk about Sir Nicholas Winton then move on to discuss the huge delays in appeal hearing listings and some other tribunal news, cover some immigration rule issues including a brief overview of Statement of Changes HC 297 and then move onto a number of cases, including a review of Article 8 case law and some of the more interesting recent offerings from the tribunal. The material is drawn mainly from the July blog posts on Free Movement.’

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Free Movement, 7th September 2015

Source: www.freemovement.org.uk

Right to Rent – just how bad is it? – Nearly Legal

‘We though it would be bad. And thanks to the JCWI, we can now have an evidence based stab at an answer. JCWI co-ordinated an evaluation of the West Midlands pilot of ‘Right to Rent’ and have published the report.’

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Nearly Legal, 3rd September 2015

Source: www.nearlylegal.co.uk

Sir Brian Leveson admonishes immigration solicitors – Free Movements

‘The latest in the increasingly long line of cases in which the judiciary has administered public dressings down for immigration lawyers is R (On the Application Of Akram & Anor) v Secretary of State for the Home Department [2015] EWHC 1359 (Admin). The cases are often referred to as Hamid cases, after the first such case, Hamid [2012] EWCA 3070 (Admin).’
Full story

Free Movement, 2nd September 2015

Source: www.freemovement.org.uk

UK government pledges tougher action against businesses that repeatedly employ illegal workers – OUT-LAW.com

Posted August 28th, 2015 in bills, employment, immigration, news by sally

‘Businesses that continually employ workers who are in the UK illegally could be closed for up to 48 hours while border officials investigate under new measures put forward by the government.’

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OUT-LAW.com, 27th August 2015

Source: www.out-law.com

Law and the ‘illegals’: reforming UK immigration detention – Halsbury’s Law Exchange

Posted August 28th, 2015 in asylum, deportation, detention, immigration, news, time limits by sally

‘The UK has the largest immigration detention estate in Europe, with approximately 30,000 individuals being detained under immigration powers over the course of the last year. The vast majority of detainees are held in Immigration Removal Centres (IRCs), however detainees can be held in a number of different locations including prisons, and even less satisfactorily, police cells. The UK is the only EU country to also not impose an upper time limit on the use of immigration detention. This article considers a number of policy areas relating to immigration detention which have come under heavy scrutiny and may identify potential opportunities for reform.’

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Halsbury’s Law Exchange, 27th August 2015

Source: www.halsburyslawexchange.co.uk

Inspection of family visit visa system: serious problems remain – Free Movement

Posted August 25th, 2015 in appeals, families, immigration, news, reports, visas by sally

‘The family visit visa system underwent an inspection by the Independent Chief Inspector of Borders and Immigration last month. The posts inspected were Abu Dhabi, Accra, Amman, Dhaka, Kingston, Manila, Nairobi, New Delhi, Croydon and Sheffield. The Inspector confidently declares that there is “no evidence that the removal of the full right of appeal from Family Visitor visa applicants had led to a higher refusal rate or to an overall reduction in decision quality.”’

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Free Movement, 24th August 2015

Source: www.freemovement.org.uk

Calais migrant crisis—what are the human rights obligations of member states? – Halsbury’s Law Exchange

Posted August 24th, 2015 in asylum, EC law, human rights, immigration, news by sally

‘As the Calais migrant crisis continues, Greg Ó Ceallaigh, barrister at Garden Court Chambers, explains the human rights obligations of member states involved.’
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Halsbury’s Law Exchange, 21st August 2015

Source: www.halsburyslawexchange.co.uk

Former lawyers convicted of providing illegal immigration advice – Legal Futures

‘A former solicitor and barrister have both been convicted and sentenced by magistrates for the providing unregulated immigration advice and services.’
Full story

Legal Futures, 20th August 2015

Source: www.legalfutures.co.uk