immigration – Page 84 – Current Awareness

Regina v Bina – WLR Daily

Posted June 13th, 2014 in assisting offenders, asylum, conspiracy, immigration, law reports, proceeds of crime by sally

Regina v Bina [2014] WLR (D) 251

‘There was no limitation by which the offence of assisting unlawful immigration, contrary to section 25(1) of the Immigration Act 1971, was inapplicable in relation to asylum seekers. Further, section 25(3) of that Act was permissive only, so that a matter of foreign law might be proved by methods such as expert evidence or admission as well as by a government-issued certificate as set out in section 25(3).’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

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

Posted June 13th, 2014 in civil procedure rules, immigration, judicial review, law reports by sally

Regina (Grace) v Secretary of State for the Home Department [2014] WLR (D) 249

‘The proper test to be applied by the Administrative Court under CPR r 54.12(7) when considering certifying an application for permission to proceed with judicial review as “totally without merit” was whether the claim was bound to fail. There was no requirement that the claim be shown to be abusive or vexatious.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk

Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening) – WLR Daily

Posted June 4th, 2014 in appeals, deportation, detention, false imprisonment, immigration, judicial review, law reports by tracey

Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening):[2014] EWCA Civ 718; [2014] WLR (D) 240

‘The statutory authority deriving from paragraph 2(1) and (3) of Schedule 3 to the Immigration Act 1971 for detention pending removal of a person against whom a deportation order had been made in pursuance of a recommendation by a court was not unlimited and did not continue when there was no longer any prospect of deportation within a reasonable time.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Hines v Lambeth London Borough Council – WLR Daily

Posted June 4th, 2014 in appeals, benefits, carers, children, EC law, families, housing, immigration, law reports by tracey

Hines v Lambeth London Borough Council: [2014] EWCA Civ 660; [2014] WLR (D) 238

‘A person whose right to remain in the United Kingdom had expired and who sought housing assistance under the Housing Act 1996 on the basis of a derivative right of residence as a primary carer of her son, a British citizen, would be entitled to accommodation only if her son would be effectively compelled to leave the United Kingdom if she left.’

WLR Daily, 20th May 2014

Source: www.iclr.co.uk

Judge prevents Theresa May sending asylum-seeker back to lawless Somalia – The Independent

Posted June 3rd, 2014 in appeals, asylum, deportation, immigration, injunctions, news, tribunals by sally

‘The Home Secretary, Theresa May, has been accused of acting unlawfully by forcing the removal of failed Somali asylum-seekers to Mogadishu where they fear they will be murdered by Islamic militants. In what is being seen as a test case affecting thousands of Somalis in Britain, a judge has granted an injunction at the last minute halting the removal of a 23-year-old man, identified only as Abdullah, who was due to be flown back to Mogadishu on Tuesday.’

Full story

The Independent, 3rd June 2014

Source: www.independent.co.uk

Mother who force fed baby to death wins ‘family life’ appeal to stay in Britain – Daily Telegraph

Posted June 3rd, 2014 in appeals, deportation, human rights, immigration, news, tribunals by sally

‘Foreign criminal jailed for causing death of 10-month-old daughter overturns Home Office deportation bid by arguing it would breach her human rights.’

Full story

Daily Telegraph, 2nd June 2014

Source: www.telegraph.co.uk

Immigration Act 2014

Posted May 23rd, 2014 in immigration, legislation by sally

Immigration Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Supreme Court clarifies effect of deportation orders on indefinite leave – Halsbury’s Law Exchange

Posted May 23rd, 2014 in deportation, human rights, immigration, news by sally

‘The case R (on the application of George) v SSHD raised the issue of whether someone’s indefinite leave to remain in the UK, which was invalidated by a deportation order, remains invalid if the deportation order is revoked.’

Full story

Halsbury’s Law Exchange, 22nd May 2014

Source: www.halsburyslawexchange.co.uk

Home Office criticised for holding child asylum seekers in ‘stuffy and overcrowded’ conditions at Heathrow – The Independent

Posted May 22nd, 2014 in airports, asylum, children, detention, immigration, news, reports by sally

‘Child asylum seekers are being held in “disgraceful” conditions at Heathrow Airport, where they are often forced to sleep overnight in cramped rooms, a report published today warns.’

Full story

The Independent, 22nd May 2014

Source: www.independent.co.uk

Serco facing inquiry over claims of sexual assaults at Yarl’s Wood detention centre – The Independent

Posted May 19th, 2014 in complaints, detention, immigration, inquiries, news, sexual offences by sally

‘Outsourcing giant Serco is to be investigated by MPs after it was forced to publish an internal report into claims of repeated sexual assaults at one of its immigration detention centres.’

Full story

The Independent, 18th May 2014

Source: www.independent.co.uk

Are international students deterred by the UK’s immigration policy? – Halsbury’s Law Exchange

Posted May 16th, 2014 in education, immigration, news, select committees, statistics, universities by sally

‘The Government has been called upon to rethink immigration policy and remove non-EU students from net migration figures in a report published by the House of Lords Science and Technology Committee. The Committee looked specifically at the number of international students in Science, Technology, Engineering and Mathematics (STEM) subjects and whether the UK’s immigration policy has any impact on these numbers. It concludes the Government is simultaneously committed to reducing net migration and attracting increasing numbers of international students, a contradiction which could be removed by excluding students from net migration figures.’

Full story

Halsbury’s Law Exchange, 15th May 2014

Source: www.halsburyslawexchange.co.uk

David Miranda allowed to appeal against ruling on Heathrow detention – The Guardian

Posted May 15th, 2014 in airports, appeals, detention, freedom of expression, immigration, intelligence services, media, news, terrorism by tracey

‘David Miranda, partner of the former Guardian journalist Glenn Greenwald, has been granted permission to appeal against a ruling that he was lawfully detained under counter-terrorism powers at Heathrow airport. The case – which also involves a challenge to the police seizure of computer material related to the US National Security Agency (NSA) contractor Edward Snowden – will now go to the court of appeal.’

Full story

The Guardian, 15th May 2014

Source: www.guardian.co.uk

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court

Posted May 14th, 2014 in appeals, deportation, drug offences, families, human rights, immigration, interpretation, news, Supreme Court by sally

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) [2014] UKSC 28 (YouTube)

Supreme Court, 14th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Immigration judges block foreign killer’s deportation on ‘human rights’ grounds – Daily Telegraph

Posted May 13th, 2014 in anonymity, appeals, deportation, families, human rights, immigration, news, tribunals, violent offenders by sally

‘Somali man convicted of manslaughter defeats bid to remove him from Britain, despite being single man with no children.’

Full story

Daily Telegraph, 12th May 2014

Source: www.telegraph.co.uk

University tuition fees and discretionary leave to remain – Hardwicke Chambers

Posted May 12th, 2014 in Administrative Court, appeals, children, debts, fees, immigration, loans, news, universities by sally

‘Recent press coverage1 has highlighted a black hole in the government’s finances concerning student debt. A mis-calculation in the number of graduates who will earn enough to repay their loans has meant that, should the number pass the 48% mark (which appears likely – it is currently at 45%, having already been raised from an initial figure of 28%) the government would have been better off keeping to the £3,000 a year tuition fees regime. Little comfort to those students subject to the £9,000 a year rate of fees, but there is another group of people who view students with access to university loans on any terms as the lucky ones: those with discretionary leave to remain (“DLR”).’

Full story

Hardwicke Chambers, 8th April 2014

Source: www.hardwicke.co.uk

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) – Supreme Court

Posted May 12th, 2014 in anonymity, appeals, BBC, child abuse, contempt of court, deportation, freedom of expression, human rights, immigration, judicial review, law reports, public interest, Scotland, Supreme Court by sally

A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)

Supreme Court, 8th May 2014

Source: www.youtube.com/user/UKSupremeCourt

Anonymity order compatible with Convention and common law – Supreme Court – UK Human Rights Blog

Posted May 12th, 2014 in anonymity, appeals, BBC, child abuse, contempt of court, deportation, freedom of expression, human rights, immigration, judicial review, news, public interest, Scotland, Supreme Court by sally

‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’

Full story

UK Human Rights Blog, 9th May 2014

Source: www.ukhumanrightsblog.com

Draft codes of practice for employers on preventing illegal working and avoiding discrimination during recruitment – Home Office

Posted May 6th, 2014 in codes of practice, employment, fines, immigration, penalties, race discrimination by tracey

‘The draft codes of practice on preventing illegal working and avoiding unlawful discrimination while preventing illegal working have been laid in Parliament on Tuesday 6 May 2014 pursuant to section 19 and section 23 respectively of the Immigration, Asylum and Nationality Act 2006. They update the codes issued in February 2008.’

Full text

Home Office, 6th May 2014

Source: www.gov.uk/home-office