Category: immigration

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Posted February 20th, 2015 in appeals, conflict of laws, diplomats, employment, human rights, immigration, immunity, jurisdiction, law reports, race discrimination, trafficking in human beings by sally

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] WLR (D) 75

‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily

Posted February 18th, 2015 in families, immigration, interpretation, law reports, ministers' powers and duties, regulations by sally

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department [2015] EWCA Civ 74; [2015] WLR (D) 66

‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’

WLR Daily, 12th February

Source: www.iclr.co.uk

Home Office wins £224m e-Borders appeal – BBC News

Posted February 18th, 2015 in appeals, arbitration, contracting out, contracts, damages, immigration, news by sally

‘The Home Office has won its appeal against an order to pay £224m to a US defence firm over the cancellation of a secure borders contract.’

Full story

BBC News, 17th February 2015

Source: www.bbc.co.uk

Bridegroom who couldn’t remember the name of the woman he planned to marry is jailed for attempting to break UK immigration laws – The Independent

Posted February 17th, 2015 in conspiracy, fraud, immigration, marriage, news, sentencing by sally

‘A bridegroom who couldn’t remember the name of the woman he planned to marry has been jailed for attempting to undergo a bogus wedding to cheat immigration laws.’

Full story

The Independent, 13th February 2015

Source: www.independent.co.uk

Critics of Islam prevented from entering UK to attend Lee Rigby rally – UK Human Rights Blog

Posted February 16th, 2015 in armed forces, freedom of expression, human rights, immigration, judicial review, news, public order, terrorism, third parties, violence by sally

‘This short case involves the old dilemma of public order law: whether it is right to shut down speech when the speaker himself does not intend to incite violence, but whose presence it is said may lead third parties to commit violence. Indeed the facts of this particular case go further than that , because the applicants had no plans to make any public address during their proposed visit to Britain. It was their presence alone which was feared would inflame “community tensions”.’

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UK Human Rights Blog, 15th February 2015

Source: www.ukhumanrightsblog.com

Landlords shunning foreigners because of their accents, after new rules preventing illegal migrants from renting – The Independent

Posted February 16th, 2015 in birth certificates, citizenship, equality, housing, immigration, landlord & tenant, news, passports by sally

‘Landlords are preparing to turn away tenants just because they have a foreign accent, as a consequence of new rules making it an offence to let rooms to illegal migrants.’

Full story

The Independent, 15th February 2015

Source: www.independent.co.uk

Challenging a refusal of permission to appeal by the Upper Tribunal – Free Movement

Posted February 16th, 2015 in appeals, benefits, civil procedure rules, costs, immigration, judicial review, news, tribunals by sally

‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’

Full story

Free Movement, 16th February 2015

Source: www.freemovement.org.uk

Important Presidential decision on costs in immigration cases – Free Movement

Posted February 13th, 2015 in costs, immigration, news, tribunals by tracey

‘The Presidents of the Immigration and Asylum Chambers sat together in the First-tier Tribunal case of Cancino (costs – First-tier Tribunal – new powers) [2015] UKFTT 00059 (IAC) in order to give guidance on when legal costs might become payable in immigration cases. The power to make awards of legal costs to a party in immigration appeals was only introduced in October 2014 and there has been no real guidance until now.’

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Free Movement, 13th February 2015

Source: www.freemovement.org.uk

Code of practice for police and border officials on seizing travel documents – Home Office

Posted February 13th, 2015 in codes of practice, immigration, passports, police, search & seizure by tracey

‘Code of practice for officers exercising functions under Schedule 1 of the Counter-Terrorism and Security Act 2015 in connection with seizing and retaining travel documents.’

Full code

Home Office, 13th February 2015

Source: www.gov.uk/home-office

Regina v Ali (Nazakat) – WLR Daily

Posted February 11th, 2015 in appeals, illegality, immigration, law reports, marriage, news, solicitors by sally

Regina v Ali (Nazakat) [2015] EWCA Crim 43; [2015] WLR (D) 46

‘A solicitor who had been instrumental in finding brides for non-European Union clients and advising the clients to make false applications for certificates of approval, which he submitted to the to the UK Border Agency, had facilitated a breach of immigration law by his clients.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

Spouse migration rules ‘unfair’ to UK citizens, admits minister – BBC News

Posted February 11th, 2015 in citizenship, families, immigration, married persons, news, visas by sally

‘Home Office Minister James Brokenshire has admitted UK-born citizens who want to bring their spouses into the UK from outside the EU are getting a raw deal.’

Full story

BBC News, 10th February 2015

Source: www.bbc.co.uk

D v UK exception remains exceptional in medical treatment cases under Article 3 – UK Human Rights Blog

Posted February 6th, 2015 in human rights, immigration, medical treatment, news by sally

‘The Court of Appeal has confirmed that foreign nationals may be removed from the UK even where their lives will be drastically shortened due to a lack of healthcare in their home states. Removal in those circumstances does not breach Articles 3 or 8 ECHR except in the most exceptional cases.’

Full story

UK Human Rights Blog, 5th February 2015

Source: www.ukhumanrightsblog.com

Theresa May wins rapist deportation appeal – BBC News

Posted February 5th, 2015 in appeals, deportation, immigration, news, public interest, rape, tribunals by sally

‘A ruling that prevented the deportation of a Somali man who raped a pregnant woman has been successfully challenged by the home secretary.’

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BBC News, 5th February 2015

Source: www.bbc.co.uk

No broadening of Article 3 test in health cases – Free Movement

Posted February 5th, 2015 in appeals, health, human rights, immigration, news by sally

‘Unfortunately the Court of Appeal’s judgment in the Article 3 health test cases in GS (India) & Ors v The Secretary of State for the Home Department [2015] EWCA Civ 40 (30 January 2015) does not change very much for migrants with serious health conditions seeking to remain in the UK.’

Full story

Free Movement, 4th February 2015

Source: www.freemovement.org.uk

Children held at Campsfield House immigration centre – BBC News

Posted February 3rd, 2015 in children, detention, immigration, news, reports by tracey

‘Three children were detained at a UK immigration centre despite a government commitment to end the practice, the HM Inspectorate of Prisons has found.’

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BBC News, 3rd February 2015

Source: www.bbc.co.uk

McCarthy and EU family permits – Free Movement

Posted January 29th, 2015 in EC law, families, freedom of movement, immigration, news, visas by sally

‘Last last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: the UK is not permitted to require residence card holding family members of EEA nationals to apply for yet further documentation in the form of an entry permit.’

Full story

Free Movement, 29th January 2015

Source: www.freemovement.org.uk

Witness statements by advocates – Free Movement

Posted January 29th, 2015 in advocacy, barristers, immigration, news, tribunals, witnesses by sally

‘Where something goes badly wrong at a hearing it is sometimes necessary for the advocate who was present to explain events as part of the appeal process. It has become customary in immigration proceedings for the advocate to have to write a witness statement and therefore, because he or she is by doing so giving evidence, to stand down from the case and hand over to a colleague. Upper Tribunal judges have seemed insistent that an advocate can barely breath a word of what might have happened at the previous hearing without spontaneously combusting.’

Full story

Free Movement, 28th January 2015

Source: www.freemovement.org.uk

Regina (Byczek and another) v Secretary of State for the Home Department – WLR Daily

Posted January 20th, 2015 in deportation, immigration, law reports, regulations, ultra vires by sally

Regina (Byczek and another) v Secretary of State for the Home Department [2014] EWHC 4298 (Admin); [2015] WLR (D) 7

‘Regulation 24A of the Immigration (European Economic Area) Regulations 2006 was within the ambit of the rule making power in section 2(2)(b) of the European Community Act 1972.’

WLR Daily, 19th December 2015

Source: www.iclr.co.uk

Regina (Mohammed) v Secretary of State for the Home Department – WLR Daily

Posted January 14th, 2015 in asylum, detention, EC law, immigration, law reports by tracey

Regina (Mohammed) v Secretary of State for the Home Department; [2014] EWHC 4317 (Admin); [2015] WLR (D) 4

‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Female detainees at Yarl’s Wood routinely humiliated, claims report – The Guardian

Posted January 14th, 2015 in asylum, bullying, detention, immigration, mental health, news, pregnancy, privacy, sexual offences, torture, trafficking in human beings, victims, violence, women by tracey

‘Women detained in the Yarl’s Wood immigration detention centre are routinely humiliated by male staff who monitor them while they are dressing, showering and using the toilet, or are naked in their rooms, a report into the treatment of female asylum seekers reveals. The report, by the charity Women for Refugee Women, noted that many female asylum seekers detained at Yarl’s Wood, in Bedfordshire, have been victims of sexual violence in their home countries.’

Full story

The Guardian, 14th January 2015

Source: www.guardian.co.uk