Category: immigration

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.’

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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.’

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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.’

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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.’

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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.’

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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).’

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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