Category: immigration

ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

Posted January 29th, 2014 in appeals, confidentiality, disclosure, EC law, freedom of movement, immigration, law reports, news by sally

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

Handling of female asylum seekers ‘puts UK to shame’ – The Independent

Posted January 29th, 2014 in asylum, detention, human rights, immigration, news, rape, statistics, torture, women by sally

‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’

Full story

The Independent, 29th January 2014

Source: www.independent.co.uk

Mentally unfit refugees unfairly targeted by Home Office – The Guardian

Posted January 27th, 2014 in asylum, deportation, detention, government departments, immigration, mental health, news, refugees, select committees by sally

‘The Home Office is covertly targeting the most vulnerable asylum seekers – those considered mentally unfit, or victims of torture – for deportation as part of the government’s hardline stance on immigration, according to lawyers and charity workers.’

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The Guardian, 25th January 2014

Source: www.guardian.co.uk

Secretary of State for the Home Department v MG – WLR Daily

Posted January 20th, 2014 in child cruelty, EC law, freedom of movement, immigration, imprisonment, interpretation, law reports by sally

Secretary of State for the Home Department v MG (Case C-400/12); [2014] WLR (D) 4

‘The ten-year period of residence in article 28(3)(a) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77) had to be continuous and calculated by counting back from the date of the decision ordering the expulsion of the person concerned. A period of imprisonment was, in principle, capable both of interrupting the continuity of the period of residence for the purposes of that provision and of affecting the decision regarding the grant of the enhanced protection provided for thereunder, even where the person concerned resided in the host member state for the ten years prior to imprisonment. However, the fact that that person resided in the host member state for the ten years prior to imprisonment could be taken into consideration as part of the overall assessment required in order to determine whether the integrating links previously forged with the host member state had been broken.’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Onuekwere v Secretary of State for the Home Department – WLR Daily

Posted January 20th, 2014 in appeals, citizenship, EC law, freedom of movement, immigration, imprisonment, interpretation, law reports, married persons by sally

Onuekwere v Secretary of State for the Home Department (Case C-378/12); [2014] WLR (D) 7

‘Under article 16(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, periods of imprisonment in the host member state of a third-country national, who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods, could not be taken into consideration in the context of the acquisition by that national of the right of permanent residence for the purposes of that provision. The continuity of residence was interrupted by periods of imprisonment in the host member state of a third country national who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods for the purposes of article 16(2) and (3).’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Foreign drug dealer wins human rights case – Daily Telegraph

Posted January 8th, 2014 in ASBOs, deportation, drug trafficking, human rights, immigration, news by sally

‘A Jamaican man who commuted to London every day to sell crack on a council estate has used human rights laws to stop a deportation order.’

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Daily Telegraph, 7th January 2014

Source: www.telegraph.co.uk

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court

Posted January 6th, 2014 in adoption, appeals, families, guardianship, human rights, immigration, interpretation, law reports, Supreme Court by sally

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) [2013] UKSC 81 | UKSC 2012/0181 (YouTube)

Supreme Court, 18th December 2013

Source: www.youtube.com/user/UKSupremeCourt

AA (Somalia) v Entry Clearance Officer – WLR Daily

Posted December 19th, 2013 in adoption, asylum, children, immigration, law reports, sponsored immigrants, Supreme Court by tracey

AA (Somalia) v Entry Clearance Officer [2013] UKSC 81;   [2013] WLR (D)  499

‘Paragraph 352D of the Statement of Changes in Immigration Rules (1994) (HC 394), as amended and inserted, which provided for the grant of leave to enter to the “child of a parent” who had been admitted to the United Kingdom as a refugee, did not extend to a child for whom a family member had taken responsibility under the Islamic procedure of “kafala” and whose “adoption” did not fall within the meaning of paragraphs 6 and 309A of the Rules.’

WLR Daily, 18th December 2013

Source: www.iclr.co.uk

Isa Muazu loses legal battle after starving self – BBC News

Posted December 17th, 2013 in asylum, demonstrations, deportation, immigration, mental health, news, tribunals by sally

‘A Nigerian asylum seeker who starved himself for three months has lost his legal bid to stay in the UK.’

Full story

BBC News, 17th December 2013

Source: www.bbc.co.uk

Regina (TN (Afghanistan)) v Secretary of State for the Home Department; MA (Afghanistan) v Same – WLR Daily

Posted December 16th, 2013 in appeals, asylum, children, EC law, immigration, judicial review, law reports by sally

Regina (TN (Afghanistan)) v Secretary of State for the Home Department; MA (Afghanistan) v Same [2013] EWCA Civ 1609; [2013] WLR (D) 483

‘Claimants who had unsuccessfully sought asylum and were granted at the age of 16½ discretionary leave to remain until they reached the age of 17½ had an effective remedy in judicial review to challenge the initial rejection of their asylum claims.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Committee says proposed legal aid cuts may breach human rights – The Guardian

Posted December 16th, 2013 in barristers, budgets, demonstrations, equality, fees, human rights, immigration, legal aid, news, prisons by sally

‘Chris Grayling is a man who knows the price of everything and the value of nothing, the chair of an influential all-party backbench committee has suggested. Oscar Wilde’s cynical jibe was twice put to the justice secretary when he gave evidence to the Joint Committee on Human Rights on 26 November and was then repeated by Dr Hywel Francis, a Labour MP, when he launched its report today.’

Full story

The Guardian, 13th December 2013

Source: www.guardian.co.uk

Man who tried to commit suicide by running into wall loses damages case over broken spine – The Independent

Posted December 11th, 2013 in damages, deportation, detention, immigration, mental health, news, personal injuries, suicide by sally

‘A man who broke his spine when he tried to commit suicide by running head first into a concrete wall while in detention awaiting deportation has lost his High Court damages action.’

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The Independent, 11th December 2013

Source: www.independent.co.uk

Abdullahi v Bundesasylamt – WLR Daily

Posted December 11th, 2013 in appeals, asylum, EC law, immigration, law reports by sally

Abdullahi v Bundesasylamt (Case C-394/12); [2013] WLR (D) 481

‘According to article 19(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national (OJ 2003 L50, p 1)), in circumstances where a member state had agreed to take charge of an applicant for asylum on the basis of the criterion laid down in article 10(1) of the Regulation—namely, as the member state of the first entry of the applicant for asylum into the European Union—the only way in which the applicant could call into question the choice of that criterion was by pleading systemic deficiencies in the asylum procedure and in the conditions for the reception of applicants for asylum in that member state, which provided substantial grounds for believing that the applicant for asylum would face a real risk of being subjected to inhuman or degrading treatment within the meaning of article 4 of the Charter of Fundamental Rights of the European Union.’

WLR Daily, 10th December 2013

Source: www.iclr.co.uk

What use is a Zambrano right of residence? – NearlyLegal

Posted December 11th, 2013 in Administrative Court, appeals, benefits, children, EC law, housing, immigration, news by sally

‘A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a third country national, who was the primary carer of an EU national, if a refusal to would result in the EU national being forced to leave the EU..More excitingly, this applied to EU nationals who had not left their member state, i.e. it would apply to the parents of British nationals.’

Full story

NearlyLegal, 9th December 2013

Source: www.nearlylegal.co.uk

Statement of changes in immigration rules – Home Office

Posted December 10th, 2013 in immigration, press releases, regulations, visas by tracey

‘This WMS was laid in Parliament on 9 December 2013, and delivered in the House of Commons by Theresa May and in the House of Lords by Lord Taylor of Holbeach.’

Full text

Home Office, 9th December 2013

Source: www.gov.uk/home-office

Boat race protester Trenton Oldfield wins appeal against deportation – The Guardian

Posted December 9th, 2013 in appeals, demonstrations, deportation, families, immigration, news by sally

“Trenton Oldfield, an Australian protester who leapt into the Thames to disrupt the Oxford versus Cambridge boat race, will not be sent back to Australia, an immigration judge has said.”

Full story

The Guardian, 9th December 2013

Source: www.guardian.co.uk

Pokhriyal v Secretary of State for the Home Department Hussain v Same – WLR Daily

Posted December 9th, 2013 in education, immigration, interpretation, law reports, sponsored immigrants, tribunals by sally

Pokhriyal v Secretary of State for the Home Department; Hussain v Same [2013] EWCA Civ 1568; [2013] WLR (D) 471

‘Paragraph 120B of Appendix A to the Statement of Changes in Immigration Rules did not require that an academic institution accepting students from abroad for continuing studies under the points based system should expressly state that a proposed course constituted academic progress. The mere issue of a certificate of acceptance for studies constituted an assertion to that effect.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog

Posted December 9th, 2013 in appeals, asylum, detention, hospitals, human rights, immigration, medical treatment, mental health, ministers' powers and duties, news by sally

‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’

Full story

UK Human Rights Blog, 6th December 2013

Source: www.ukhumanrightsblog.com

Woman with IQ of 49 ‘was targeted for sham marriage’ – The Independent

Posted December 4th, 2013 in appeals, asylum, Court of Protection, fraud, immigration, learning difficulties, marriage, news by sally

‘A young woman with learning difficulties was “deliberately targeted” for a sham marriage to bolster a man’s immigration case, a High Court judge has ruled.’

Full story

The Independent, 3rd December 2013

Source: www.independent.co.uk

Zoumbas v Secretary of State for the Home Department – WLR Daily

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458

“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk