When to call it a day… – Nearly Legal
‘The risks of a client deciding to go it alone at the last stage of judicial review proceedings.’
Nearly Legal, 30th November 2015
Source: www.nearlylegal.co.uk
Category: immigration
Is it lawful to detain immigration detainees in prisons? – Free Movement
‘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”.’
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
‘A doctor and his nurse wife have been found guilty of keeping a man as a slave for 24 years at their home.’
BBC News, 17th November 2015
Source: www.bbc.co.uk
Adoptions from Abroad: Article 8 Fails to Assist – UK Human Rights Blog
‘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).’
UK Human Rights Blog, 12th November 2015
Source: www.ukhumanrightsblog.com
New Country Guidance case on Afghan Sikhs – Free Movement
‘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).’
Free Movement, 9th November 2015
Source: www.freemovement.org.uk
Home Office criticised over delays in immigration cases – BBC News
‘The Home Office has been accused of delays and poor decision making in its handling of immigration cases.’
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
‘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.’
Crown Prosecution Service, 27th October 2015
Source: www.cps.gov.uk
Immigration Rules changes – UK Visas and Immigration
‘UK Visas and Immigration is making changes to the Immigration Rules affecting various categories.’
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
‘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.’
The Guardian, 27th October 2015
Source: www.guardian.co.uk
Right to rent checks introduced for landlords in England – Home Office
‘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.’
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
‘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.’
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
‘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.’
Daily Telegraph, 20th October 2015
Source: www.telegraph.co.uk
Criticism of JR process ‘unfounded’, legal charity claims – Law Society’s Gazette
‘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.’
Law Society’s Gazette, 19th October 2015
Source: www.lawgazette.co.uk
Supreme Court upholds evidential flexibility policy – Free Movement
‘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.’
Free Movement, 19th October 2015
Source: www.freemovement.org.uk
Part 6 of the Immigration Bill – Free Movement
‘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.’
Free Movement, 13th October 2015
Source: www.freemovement.org.uk
UK appeal court backs ‘deport first, appeal later’ policy for foreign prisoners – The Guardian
‘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.’
The Guardian, 13th October 2015
Source: www.guardian.co.uk
New fast-track eviction powers could breach human rights, warns watchdog – The Guardian
‘Government proposals to legally require landlords to check the immigration status of their tenants risk a serious breach of human rights, an official watchdog has warned.’
The Guardian, 12th October 2015
Source: www.guardian.co.uk
Conservatives’ asylum policy on Syria criticised as ‘too low, too slow, too narrow’ – The Guardian
‘The government’s offer to take in 20,000 Syrian refugees over five years is far “too low, too slow and too narrow”, according to a statement published by 300 senior lawyers, former law lords and retired judges.’
The Guardian, 12th October 2015
Source: www.guardian.co.uk
Regina (SF) v Secretary of State for the Home Department – WLR Daily
‘When the court was considering a challenge to a gateway decision as to whether a person, especially a child, was a victim of human trafficking, it had to adopt a more rigorous or searching level of scrutiny of that decision as opposed to the ordinary test of Wednesbury reasonableness. The decision had to show by its reasoning that every factor which told in favour of the alleged victim had been properly taken into account.’
WLR Daily, 30th September 2015
Source: www.iclr.co.uk
UK’s discriminatory migrant residence tests are legal – preliminary EU ruling – The Guardian
‘The practice of discriminating against EU migrants in the UK by subjecting them to a residence test for benefit payments is legal, according to a preliminary European court ruling.’
The Guardian, 6th October 2015
Source: www.guardian.co.uk
