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

Posted October 17th, 2014 in appeals, asylum, detention, immigration, law reports, news, time limits by tracey

Regina (Detention Action) v Secretary of State for the Home Department: [2014] EWCA Civ 1270; [2014] WLR (D) 426

‘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 – Speech by Lord Neuberger

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

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

Posted October 2nd, 2014 in domestic violence, immigration, law reports, regulations by tracey

Regina (T) v Secretary of State for the Home Department: [2014] EWHC 2453 (Admin); [2014] WLR (D) 403

‘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 – WLR Daily

Posted September 29th, 2014 in appeals, immigration, interpretation, law reports by tracey

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 made directly accountable to Ministers – Home Office

Posted September 26th, 2014 in government departments, immigration, passports, press releases by tracey

‘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.’

Full press release

Home Office, 26th September 2014

Source: www.gov.uk/home-office

Students without indefinite leave to are ineligible for student loans – UK Human Rights Blog

Posted September 11th, 2014 in appeals, education, human rights, immigration, news, visas by sally

‘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.’

Full story

UK Human Rights Blog, 11th September 2014

Source: www.ukhumanrightsblog.com

Call for inquiry into death at Morton Hall immigration detention centre – The Guardian

‘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.’

Full story

The Guardian, 7th September 2014

Source: www.guardian.co.uk

Landlord Immigration Checks from 1 December – NearlyLegal

Posted September 4th, 2014 in codes of practice, immigration, landlord & tenant, news, pilot schemes, vetting by sally

‘The Home Office has (finally) announced the ‘pilot’ areas for the landlord immigration check requirement under Immigration Act 2014.’

Full story

NearlyLegal, 3rd September 2014

Source: www.nearlylegal.co.uk

Victim of trafficking can claim compensation despite illegal entry to UK – UK Human Rights Blog

‘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.’

Full story

UK Human Rights Blog, 27th August 2014

Source: www.ukhumanrightsblog.com

Enforcement and criminal investigations (modernised guidance) – UK Border Agency

Posted August 22nd, 2014 in immigration, press releases, visas, witnesses by tracey

‘This collection brings together modernised guidance about enforcement and processes used by UK Visas and Immigration.’

Full press release

UK Border Agency, 21st August 2014

Source: www.ukba.homeoffice.gov.uk

What’s in store for family migrants after the Court of Appeal decision in MM? – Halsbury’s Law Exchange

Posted August 20th, 2014 in appeals, families, human rights, immigration, news, public interest, remuneration by tracey

‘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.’

Full story

Halsbury’s Law Exchange, 19th August 2014

Source: www.halsburyslawexchange.co.uk

Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog

‘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.’

Full story

UK Human Rights Blog, 18th August 2014

Source: www.ukhumanrightsblog.com

Victims of trafficking empowered to seek compensation – Halsbury’s Law Exchange

‘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.’

Full story

Halsbury’s Law Exchange, 13th August 2014

Source: www.halsburyslawexhange.co.uk

Hounga (Appellant) v Allen and another (Respondents) – Supreme Court

Hounga (Appellant) v Allen and another (Respondents) [2014] UKSC 47 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Hounga v Allen and another (Anti-Slavery International intervening) – WLR Daily

Hounga v Allen and another (Anti-Slavery International intervening) [2014] UKSC 47; [2014] WLR (D) 353

‘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

Illegal immigrant Mary Hounga can claim discrimination, says landmark Supreme Court ruling – Daily Telegraph

‘Illegal immigrants are entitled to bring court actions against their employers for discrimination, the Supreme Court has said in a landmark judgment.’

Full story

Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

New measures to tighten up the immigration system – Home Office

‘A new crackdown on immigration abuses was announced today by the Prime Minister and the Home Secretary as part of the government’s long-term economic plan to secure a better future for Britain.’

Full story

Home Office, 29th July 2014

Source: www.gov.uk/home-office

Supreme Court set to rule on rights of trafficked Nigerian girl – The Independent

‘The UK’s highest court will rule on a landmark decision of whether illegal immigrants should be deprived of fundamental workers’ rights, following the appeal of a Nigerian national who was trafficked into the UK. Judges from the Supreme Court, including Britain’s most senior female judge Lady Hale, will deliver the verdict on Wednesday in a case which could set an important precedent for the rights of workers found to be treated as modern-day slaves.’

Full story

The Independent, 27th July 2014

Source: www.independent.co.uk

EU report finds no evidence to support sweeping immigration reforms – The Guardian

Posted July 23rd, 2014 in EC law, immigration, news, reports by michael

‘A government review looking into freedom of movement across the EU has not recommended any sweeping reforms to immigration rules in a report likely to disappoint Conservative Eurosceptics.’

Full story

The Guardian, 22nd July 2014

Source: www.guardian.co.uk

Minimum income rules for immigrants do not breach human rights – Appeal Court – UK Human Rights Blog

‘Provisions in the Immigration Rules which impose income requirements on individuals living in the United Kingdom, who wish to bring their non-European Economic Area citizen spouses to live with them, are not a disproportionate interference with their right to family life under Article 8 of the European Convention on Human Rights. The Court of Appeal has also underlined the important (but often misunderstood) point that there is no legal requirement that the Immigration Rules should provide that the best interests of the child should be determinative. Section 55 of the Borders, Citizenship and Immigration Act 2009 is not a “trump card” to be played whenever the interests of a child arise. ‘

Full story

UK Human Rights Blog, 21st July 2014

Source: www.ukhumanrightsblog.com