Category: immigration

Can you make a new application while awaiting outcome of another application or appeal? – Free Movement

Posted April 23rd, 2015 in appeals, immigration, news, tribunals by sally

‘The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR [2015] UKUT 190 (IAC). While the judge remains fairly cool she was clearly irritated with Counsel. Much of the case is devoted to salvaging some sense from the proliferating grounds or traversing territory that is already well known, but there is something new to take away. New to me, at any rate.’

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Free Movement, 23rd April 2015

Source: www.freemovement.org.uk

Mind the gap: immigration rules and human rights are not coterminous – Free Movement

Posted April 22nd, 2015 in human rights, immigration, news, personal injuries, tribunals, visas by sally

‘In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position, coterminous. The latest is R (on the application of Chen) v Secretary of State for the Home Department) (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 189 (IAC) on, you guessed it, the House of Lords case of Chikwamba and the proportionality of having to travel abroad in order to apply from abroad.’

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Free Movement, 22nd April 2015

Source: www.freemovement.org.uk

Pham (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted April 14th, 2015 in appeals, citizenship, EC law, immigration, law reports, ministers' powers and duties, proportionality, Supreme Court by sally

Pham (Appellant) v Secretary of State for the Home Department (Respondent) [2015] UKSC 19 (YouTube)

Supreme Court, 25th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Home Office confirms that EEA(FM) application form is not mandatory – Free Movement

Posted April 13th, 2015 in documents, EC law, freedom of movement, government departments, immigration, news, visas by sally

‘In a useful policy document explaining internal processes within the UK Visas and Immigration department of the Home Office, it is confirmed that applicants for EU free movement documents such as residence certificates, residence cards and family permits do NOT have to use the forms provided by the Home Office.’

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Free Movement, 9th April 2015

Source: www.freemovement.org.uk

What is a “reasonable period” for immigration detention? – Free Movement

Posted April 10th, 2015 in deportation, detention, immigration, news by tracey

‘In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected within a reasonable time. The decision is also important for the analysis of case law concerning detention where the prospects of effecting return depend upon changing circumstances in the proposed destination country.’

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Free Movement, 10th April 2015

Source: www.freemovement.org.uk

The Round-up: Black Spiders and Superhero Jurisdictions – UK Human Rights Blog

Posted April 10th, 2015 in asylum, citizenship, homosexuality, immigration, mental health, news by tracey

‘Hannah Lynes brings us the latest edition of the Human Rights Round-up.’

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UK Human Rights Blog, 7th April 2015

Source: www.ukhumanrightsblog.com

Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) – WLR Daily

Posted April 8th, 2015 in appeals, citizenship, EC law, immigration, judicial review, law reports, proportionality, Supreme Court, terrorism, Vietnam by sally

Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) [2015] UKSC 19; [2015] WLR (D) 166

‘The question whether a person was not considered as a national by a state under the operation of its law, with the effect that he would be stateless if deprived of British citizenship, was not necessarily to be decided solely by reference to the text of the nationality legislation of the state in question, and reference might also be made to the practice of the government, even if not subject to effective challenge in the courts.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Nigerian gay rights activist has her High Court asylum bid rejected – because judge doesn’t believe she is lesbian – The Independent

Posted April 7th, 2015 in appeals, asylum, deportation, homosexuality, human rights, immigration, mental health, news by sally

‘A Nigerian gays right activist who fears imprisonment and death because of her sexuality has had her case for asylum rejected by the High Court – after a judge ruled that she was pretending to be lesbian.

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The Independent, 3rd April 2015

Source: www.independent.co.uk

Court has no “superhero” jurisdiction says Home Office in unlawful detention case – Free Movement

Posted April 2nd, 2015 in detention, expert witnesses, immigration, mental health, news by sally

‘In the case of Xue v Secretary of State for the Home Department [2015] EWHC 825 (Admin) the Home Office claimed that the court had no “superhero” jurisdiction and could not or should interfere with the right of the Secretary of State indefinitely to detain a foreign national. Happily for the woman concerned, who was detained for two years at the Yarl’s Wood detention camp before being released and who during that time underwent a catastrophic decline in mental and physical health, Mrs Justice Laing disagreed. A finding of unlawful detention was made and some very limited damages were awarded covering only the final month of her detention.’

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Free Movement, 2nd April 2015

Source: www.freemovement.org.uk

Yarl’s Wood migrant ‘can sue government over prescribed drug’ – BBC News

Posted April 2nd, 2015 in detention, duty of care, health, immigration, medicines, mental health, negligence, news by sally

‘A migrant who claims her psychosis was triggered by medication given to her at Yarl’s Wood Immigration Removal Centre is to be allowed to sue the government.’

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BBC News, 1st April 2015

Source: www.bbc.co.uk

Stranded Spouses and Immigration Control – Family Law Week

Posted April 1st, 2015 in children, domestic violence, families, immigration, jurisdiction, marriage, news, visas, women by sally

‘Sulema Jahangir, solicitor with Dawson Cornwell, explains the plight of wives and mothers who are stranded in foreign countries, often separated from their children, and unable to return to England because of immigration restrictions.’

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Family Law Week, 31st March 2015

Source: www.familylawweek.co.uk

Illegal immigrant sex offender wins compensation – Daily Telegraph

Posted April 1st, 2015 in compensation, damages, deportation, detention, immigration, news, possession of false identity documents, sexual offences by sally

‘Naseer Chawki, who was jailed for “revolting” sex crimes on a train, is in line for thousands of pounds after a judge ruled he had been unlawfully detained after completing a jail sentence.’

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Daily Telegraph, 31st March 2015

Source: www.telegraph.co.uk

PF (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted March 31st, 2015 in appeals, civil procedure rules, deportation, immigration, law reports, tribunals by sally

PF (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 251; [2015] WLR (D) 149

‘Where a decision of the First-tier or Upper Tribunal was not unanimous and the votes of the tribunal members were equally divided, the power conferred on the presiding member of the tribunal to provide the casting vote was not to be exercised irrespective of the nature and extent of the disagreement between the tribunal members. Disagreement as to the applicable law might in general justify the exercise of the casting vote, but not disagreement on fundamental primary factual issues.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

R (on the application of Jamar Brown (Jamaica) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court

Posted March 25th, 2015 in appeals, asylum, damages, homosexuality, immigration, imprisonment, Jamaica, law reports, Supreme Court, violence by sally

R (on the application of Jamar Brown (Jamaica) (Respondent) v The Secretary of State for the Home Department (Appellant) [2015] UKSC 8 (YouTube)

Supreme Court, 4th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Canadian domestic abuse victim Sandra Sidey can stay in UK – BBC News

Posted March 24th, 2015 in appeals, deportation, domestic violence, immigration, news, tribunals, victims by sally

‘A Canadian woman who was told she could not stay in Britain after ending her relationship with a violent partner has won indefinite leave to remain.’

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BBC News, 23rd March 2015

Source: www.bbc.co.uk

FAS v Bradford Metropolitan District Council and another – WLR Daily

Posted March 23rd, 2015 in adoption, children, citizenship, family courts, immigration, law reports by sally

FAS v Bradford Metropolitan District Council and another [2015] EWHC 622 (Fam); [2015] WLR (D) 128

‘It remained the case that the court would rarely make an adoption order when it would confer no benefits upon the child during its childhood but gave it a right of abode for the rest of its life. The proposition to that effect in In re B (A Minor) (Adoption Order: Nationality) [1999] 2 AC 136, 141–142, decided in the context of section 6 of the Adoption Act 1976 and the need to promote and safeguard the welfare of the child “throughout his childhood”, still applied despite the change in the welfare test effected by the Adoption and Children Act 2002, which now provided that the paramount (as opposed to the first) consideration was the child’s welfare “throughout his life”. Thus, where the court was in effect being asked to use adoption to confer citizenship prospectively upon an adult the courts were reluctant to trespass upon the area of the Home Secretary’s authority entrusted to him by Parliament.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission – WLR Daily

Posted March 23rd, 2015 in appeals, disclosure, human rights, immigration, judicial review, law reports by sally

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission [2015] EWHC 681 (Admin); [2015] WLR (D) 132

‘In review proceedings under sections 2C and 2D of the Special Immigration Appeals Commission Act 1997, challenging specified decisions of the Home Secretary to exclude an individual from the United Kingdom or refuse applications for naturalisation, the Home Secretary was required to disclose to the Special Immigration Appeals Commission and to the special advocates acting in the closed proceedings such material as had been used by the author of any relevant assessment, relied on by the Home Secretary in reaching the decision, to found or justify the facts or conclusions expressed therein; or if subsequently re-analysed, to disclose such material as was considered sufficient to justify those facts and conclusions and which was in existence at the date of decision.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

High Court finds Tier 1 Entrepreneur landline requirement irrational – Free Movement

Posted March 23rd, 2015 in contracts, documents, immigration, news, visas by sally

‘The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding on part of the challenge, though, the case ultimately failed because there were other parts of the rules that the claimant has also been refused under and which the claimant failed to convince the judge were unlawful.’

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Free Movement, 23rd March 2015

Source: www.freemovement.org.uk

No convictions over 500 black and Asian deaths in custody – The Guardian

Posted March 23rd, 2015 in death in custody, detention, immigration, minorities, news, police, prosecutions, racism, statistics by sally

‘More than 500 black and ethnic minority individuals have died in suspicious circumstances while in state detention over the past 24 years, but not a single official has been successfully prosecuted, a report examining institutional racism has revealed.’

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The Guardian, 21st March 2015

Source: www.guardian.co.uk

Modern slavery bill amendment rejected by MPs – The Guardian

Posted March 18th, 2015 in bills, employment, forced labour, immigration, news, visas by sally

‘MPs have rejected an amendment made by the Lords to the modern slavery bill, which would allow migrant workers to change employer.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk