‘The Crown Prosecution Service (CPS) is to launch a full review of its procedures after a judge halted a case in which a vicar who was alleged to have operated a “conveyor belt” of sham marriages claimed that immigration officers concealed evidence and lied under oath.’
The Independent, 23rd October 2014
Source: www.independent.co.uk
‘Where an applicant applied to the Secretary of State only for definite leave to remain, pursuant to section 3(1)(b) of the Immigration Act 1971, but made no request for indefinite leave to remain, and provided no material in support of the application specifically directed at an application for indefinite leave to remain, or which pointed to any disadvantage associated with the grant of discretionary leave to remain as opposed to indefinite leave to remain, the Secretary of State had no positive duty to consider what might support the granting of indefinite leave to remain.’
WLR Daily, 16th October 2014
Source: www.iclr.co.uk
UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429
‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’
WLR Daily, 15th October 2014
Source: www.iclr.co.uk
‘One in six foreign offenders living in the community have absconded, including 58 dangerous individuals who have been missing since 2010, the National Audit Office has revealed.’
The Guardian, 22nd October 2014
Source: www.guardian.co.uk
‘Bernard Finlay was found guilty of stabbing a mother of two to death with three kitchen knives and a cleaver in 1997.’
Daily Telegraph, 18th October 2014
Source: www.telegraph.co.uk
‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’
WLR Daily, 9th October 2014
Source: www.iclr.co.uk
The Supreme Court and the Rule of Law (PDF)
Lord Neuberger
The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014
Source: www.supremecourt.uk
‘There was no general discretion under section E-DVILR 1.2(b) of Appendix FM of the Statement of Changes in Immigration Rules (HC 395) to provide public funds and for indefinite leave to remain to foreign nationals living in the United Kingdom who became victims of domestic violence.’
WLR Daily, 22nd July 2014
Source: www.iclr.co.uk
Bogdanic v Secretary of State for Home Department: [2014] EWHC 2872 (QB); [2014] WLR (D) 401
‘The Nationality, Immigration and Asylum Act 2002 (Commencement No 1) Order 2002 should be construed as having the effect that section 125 of, and Schedule 8 to, the Nationality, Immigration and Asylum Act 2002 came into force on 8 December 2002 for the purpose of clandestine entrants who arrived in the United Kingdom or in a prescribed immigration control zone concealed in a vehicle or a rail freight wagon.’
WLR Daily, 29th August 2014
Source: www.iclr.co.uk
‘Her Majesty’s Passport Office (HMPO) is to be brought into the Home Office and made directly accountable to Ministers, Home Secretary Theresa May has announced today.’
Home Office, 26th September 2014
Source: www.gov.uk/home-office
‘The United Kingdom was not in breach of the human rights of those individuals ineligible for student loans because they did not have indefinite leave to remain in the country. The relevant legislation limits eligibility for student loans to those who are “settled” in the United Kingdom (within the meaning of the Immigration Act 1971 ) and who have been ordinarily resident in the UK for three years.’
UK Human Rights Blog, 11th September 2014
Source: www.ukhumanrightsblog.com
‘The family of a 26-year-old man who died at an immigration detention centre have called for an urgent independent inquiry saying they have concerns about the circumstances surrounding his death.’
The Guardian, 7th September 2014
Source: www.guardian.co.uk
‘The Home Office has (finally) announced the ‘pilot’ areas for the landlord immigration check requirement under Immigration Act 2014.’
NearlyLegal, 3rd September 2014
Source: www.nearlylegal.co.uk
‘The Supreme Court has ruled that victims may in some circumstance recover damages from their traffickers. Overturning the judgment of the Court of Appeal that the illegality of the underlying contract ruled out the claim for compensation, the majority held that to permit the trafficker to escape liability would be “an affront” to public policy. The judgment has far reaching implications in this area because, by its very nature, human trafficking often involves illegality.’
UK Human Rights Blog, 27th August 2014
Source: www.ukhumanrightsblog.com
‘This collection brings together modernised guidance about enforcement and processes used by UK Visas and Immigration.’
UK Border Agency, 21st August 2014
‘Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.’
Halsbury’s Law Exchange, 19th August 2014
Source: www.halsburyslawexchange.co.uk
‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’
UK Human Rights Blog, 18th August 2014
Source: www.ukhumanrightsblog.com
‘The employee had been allegedly trafficked from Nigeria to the UK by the employer to work illegally as an au pair (Hounga v Allen and another). The Court of Appeal, Civil Division, set aside an award of compensation granted in the employee’s favour for unlawful discrimination in relation to her dismissal by the employer, having held that the illegality of the contract of employment had formed a material part of the employee’s complaint and that to uphold it would be to condone the illegality. The employee appealed. The Supreme Court, allowing the appeal, held that it would be a breach of the UK’s international obligations under the Council of Europe Convention on Action against Trafficking in Human Beings for its law to cause the employee’s complaint to be defeated by the defence of illegality. The case was remitted to the tribunal in respect of a complaint in relation to pre-dismissal harassment.’
Halsbury’s Law Exchange, 13th August 2014
Source: www.halsburyslawexhange.co.uk
Hounga (Appellant) v Allen and another (Respondents) [2014] UKSC 47 (YouTube)
Supreme Court, 30th July 2014
‘A claim for the statutory tort of discrimination in relation to dismissal by an employee who had entered the United Kingdom illegally was not barred by the defence of illegality in circumstances where the application of the defence would be an affront to the public policy of protecting the victims of human trafficking.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
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