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

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by tracey

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin);   [2014] WLR (D)  167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Supreme Court to hear case on EU migrants and temporary inability to work – Local Government Lawyer

‘The Supreme Court has agreed to hear an EU national’s appeal over a ruling that he was not eligible for housing assistance from a local authority as his inability to work was not temporary.’

Full story

Local Government Lawyer, 14th April 2014

Source: www.localgovernmentlawyer.co.uk

JA (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted April 14th, 2014 in appeals, asylum, evidence, immigration, law reports, tribunals by sally

JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450; [2014] WLR (D) 163

‘Although a tribunal adjudicating on an asylum appeal did not have power, in the absence of express statutory provision, to exclude relevant evidence in the form of records of the asylum applicant’s interviews, it was required by the common law principle of fairness to consider with care how much weight should be attached to such evidence, having regard to the circumstances in which it came into existence, and the extent to which reliance could properly be placed on the applicant’s answers.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Local Authority Focus – Families with No Recourse to Public Funding and Part III of the Children Act – Family Law Week

Posted April 9th, 2014 in children, families, human rights, immigration, local government, news by sally

‘Sally Gore, barrister of Fourteen, considers a pressing concern of local authorities and immigrant families: the duties owed under Part III of the Children Act 1989 to individuals who have no recourse to public funding.’

Full story

Family Law Week, 9th April 2014

Source: www.familylawweek.co.uk

Student Yashika Bageerathi removed from UK as legal bid fails – BBC News

Posted April 3rd, 2014 in appeals, asylum, deportation, education, immigration, news by tracey

‘An A-Level student from north London has been removed from the country and is being flown back to Mauritius after a last ditch legal challenge failed.’

Full story

BBC News, 2nd April 2014

Source: www.bbc.co.uk

 

 

Yarl’s Wood death: Woman, 40, dies of heart attack at controversial immigration centre – The Independent

‘Police were on Sunday investigating the sudden death of a 40-year-old woman at a controversial immigration detention centre where Mauritian A-Level student Yashika Bageerathi is currently awaiting deportation.’

Full story

The Independent, 30th March 2014

Source: www.independent.co.uk

Warning over number of war crime suspects living in UK – BBC News

Posted March 21st, 2014 in immigration, news, statistics, war crimes by sally

‘Official figures may significantly underestimate the number of suspected war criminals living in the UK, the ex-head of the Border Force has warned.’

Full story

BBC News, 21st March 2014

Source: www.bbc.co.uk

Heavily pregnant immigrant carrying dead child wouldn’t seek help as she was afraid she’d have to pay NHS under ‘health tourism’ rules – The Independent

Posted March 21st, 2014 in birth, health, immigration, news, pregnancy by sally

‘A heavily pregnant immigrant thought to be carrying a dead, unborn child was too afraid to seek medical help in the UK after being told she would have to pay the NHS thousands of pounds to remove the foetus, the High Court has heard.’

Full story

The Independent, 20th March 2014

Source: www.independent.co.uk

Death of Jimmy Mubenga – Charging decisions following inquest – CrimeLine

‘The Crown Prosecution Service has reviewed the evidence relating to the tragic death of Jimmy Mubenga in October 2010. We had previously decided in July 2012 that no charges should be brought in relation to Mr Mubenga’s death. In accordance with a memorandum of understanding between prosecutors, coroners and the police, the case was reconsidered by the CPS following the verdict of unlawful killing at the inquest. All new evidence from the inquest was taken into account during this review. In accordance with the Code for Crown Prosecutors, the decision now is that there is sufficient evidence and it is in the public interest for Colin Kaler, Terrence Hughes and Stuart Tribelnig to be prosecuted for manslaughter.’

Full story

CrimeLine, 20th March 2014

Source: www.crimeline.info

Immigrant detainees face ‘excessive force and abuse,’ says MoJ report – The Independent

Posted March 19th, 2014 in aircraft, detention, immigration, news, proportionality, restraint, unlawful killing by tracey

‘Immigrant detainees sent home from the UK are still facing “disproportionate force and restraint” and are subjected to offensive language from their escorts, according to a new report by the Ministry of Justice.’

Full story

The Independent, 18th March 2014

Source: www.independent.co.uk

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

Posted March 18th, 2014 in immigration, law reports, notification by tracey

Regina (Thapa) v Secretary of State for the Home Department: [2014] EWHC 659 (Admin);  [2014] WLR (D)  133

‘It was incumbent upon an immigration official when making a decision as to enforcement action under section 10 of the Immigration and Asylum Act 1999 that he should communicate outline reasons including at least the gist of the evidence behind his decision to the person who was subjected to it.’

WLR Daily, 11th March 2014

Source: www.iclr.co.uk

Families ‘torn apart’ by immigration rules on spouses – BBC News

Posted March 4th, 2014 in families, human rights, immigration, news, visas by sally

‘A minimum income requirement imposed on non-EU migrants limits the number able to enter the UK. But some families claim the system is unfair and is keeping spouses and their children apart, as Inside Out East reports.’

Full story

BBC News, 3rd March 2014

Source: www.bbc.co.uk

Further torment – New Law Journal

‘Rosalyn Akar Grams reviews the impact of LASPO on the provision of quality legal representation for survivors of torture, as part of an exclusive NLJ online series on legal aid post-LASPO.’

Full story

New Law Journal, 19th February 2014

Source: www.newlawjournal.co.uk

David Miranda challenge dismissed in High Court – UK Human Rights Blog

‘The High Court has rejected all the arguments supporting David Miranda’s application for judicial review of his detention at Heathrow Airport in August last year. In a highly readable and pungent judgment, Laws LJ has some robust things to say about the vaunting of journalistic interests over public security in the guise of Article 10, and the “mission creep” of requirements demanded by the courts for state action to be considered “proportionate”.’

Full story

UK Human Rights Blog, 19th February 2014

Source: www.ukhumanrightsblog.com

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

Posted February 13th, 2014 in appeals, deportation, evidence, immigration, law reports by sally

Regina (Khan) v Secretary of State for the Home Department [2014] EWCA Civ 88; [2014] WLR (D) 60

‘The word “matter” in section 96(1)(b) of the Nationality, Immigration and Asylum Act 2002 was to be interpreted broadly to include both evidence and issues.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

EU uncertainty – the impact on EU migrants in the UK – Halsbury’s Law Exchange

Posted February 13th, 2014 in citizenship, EC law, freedom of movement, immigration, news by sally

‘Recently I have seen an increase in EU nationals enquiring about becoming British. I always ask the client why they feel the need (given the extensive rights that EU law secures) to move between EU states. The invariable answer is a fear that Britain will leave the EU.’

Full story

Halsbury’s Law Exchange, 12th February 2014

Source: www.halsburyslawexchange.co.uk

New duty will require judges to report lawyers subject to wasted costs orders to regulators – Litigation Futures

‘Judges making wasted costs orders (WCOs) are to be placed under a duty to report the lawyers involved to their regulator in a bid to make them “consider more carefully the decisions they make in handling a case”, the government has decided.’

Full story

Litigation Futures, 6th February 2014

Source: www.litigationfutures.com

Regina (Das) v Secretary of State for the Home Department and others – WLR Daily

Posted February 4th, 2014 in appeals, detention, immigration, law reports, mental health by sally

Regina (Das) v Secretary of State for the Home Department and others [2014] EWCA Civ 45; [2014] WLR (D) 39

‘Where the Secretary of State for the Home Department intended to remove from the United Kingdom a person suffering from a mental illness, whether that illness fell within the definition in the Secretary of State’s immigration detention policy of a “serious mental illness” which could not be satisfactorily managed within detention, so that the person could not be detained absent very exceptional circumstances, did not depend on whether the mental illness was of a level of requiring in-patient medical attention or rendering the person liable to being sectioned under the Mental Health Act 1983, but on whether in all the circumstances the person was “suffering” from the illness and the illness was serious enough to mean that it could not be satisfactorily managed in detention.’

WLR Daily, 28th January 2014

Source: www.iclr.co.uk

Comic behind West Brom striker Nicolas Anelka’s ‘quenelle’ gesture banned from UK – Daily Telegraph

‘The comedian who is said to have invented the quenelle gesture, which is seen by many as anti-semitic, has been banned from entering the country as Nicolas Anelka could be given a five match ban.’

Full story

Daily Telegraph, 3rd February 2014

Source: www.telegraph.co.uk

Wrongly-detained Ghanaian to receive High Court damages – BBC News

Posted January 30th, 2014 in appeals, damages, detention, immigration, mental health, news by sally

‘A mentally-ill Ghanaian man who was wrongly held in immigration detention centres is to receive “substantial” damages following a High Court ruling.’

Full story

BBC News, 29th January 2014

Source: www.bbc.co.uk