Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court
Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)
Supreme Court, 27th November 2013
Category: immigration
Court rejects claim council owed duty to use general power of competence – Local Government Lawyer
‘The High Court has dismissed a claimant’s argument that a London borough had a duty to use the general power of competence to provide her with accommodation and subsistence support.’
Local Government Lawyer, 26th November 2013
Source: www.localgovernmentlawyer.co.uk
On families, powers and duties to accommodate – NearlyLegal
‘R (on the application of MK) v Barking and Dagenham London Borough Council. A judicial review raising the extent of a Council’s duties and powers under s.17 Children Act 1989 and s.1 Localism Act 2011 (the general power of competence) in providing housing for someone not otherwise eligible for housing assistance.’
NearlyLegal, 26th November 2013
Source: www.nearlylegal.co.uk/blog/
EU migrants: David Cameron sets out more benefit restrictions – The Guardian
‘David Cameron made a fresh effort to assuage public concern about a wave of migration from Bulgaria and Romania on Tuesday when he announced a series of benefit restrictions on all EU migrant workers, including a ban on access to housing benefit for all new arrivals and a three-month ban before jobseeker’s allowance can be claimed.’
The Guardian, 27th November 2013
Source: www.guardian.co.uk
Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily
‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’
WLR Daily, 21st November 2013
Source: www.iclr.co.uk
Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same – WLR Daily
‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’
WLR Daily, 20th November 2013
Source: www.iclr.co.uk
‘Close to death’ hunger striker faces imminent deportation after court defeat – The Independent
‘A man who is “close to death” after being on hunger strike in immigration detention for three months could be sent back to Nigeria on Wednesday after his case failed in the Court of Appeal.’
The Independent, 25th November 2013
Source: www.independent.co.uk
Islamic “marriage” ceremony at home declared invalid by Court of Protection – UK Human Rights Blog
‘A Local Authority v SY [2013] EWHC 3485 COP (12 November 2013].
A judge in the Court of Protection has ruled that a man who had “exploited and took advantage” of a young woman for the purpose of seeking to bolster his immigration appeal had engaged in an invalid marriage ceremony.’
UK Human Rights Blog, 25th November 2013
Source: www.ukhumanrightsblog.com
Judicial review proceedings may not be terminated by the government – Court of Appeal – UK Human Rights Blog
‘Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498. A certificate issued by the Home Secretary under Section 2 C of the Special Immigration Appeals Commission Act 1997 (the “1997 Act”), as inserted by Section 15 of the Justice and Security Act 2013 (“the 2013 Act”), did not terminate existing judicial review proceedings in relation to an exclusion direction which had been certified.’
UK Human Rights Blog, 22nd November 2013
Source: www.ukhumanrightsblog.com
Hunger striker Isa Muazu loses release bid – The Independent
‘A hunger striker who is “near death” has failed to win temporary freedom pending his appeal court challenge to being held in an immigration detention centre.’
The Independent, 21st November 2013
Source: www.independent.co.uk
Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court
Supreme Court, 20th November 2013
Dying asylum seeker on hunger strike must stay in custody, says high court – The Guardian
“A failed asylum seeker said to be near death following an 85-day hunger strike in protest at his detention must remain in custody, the high court ruled on Tuesday.”
The Guardian, 19th November 2013
Source: www.guardian.co.uk
Clarifying entitlement to community care and health services – Hardwicke Chambers
“Community care services are generally provided to those with relevant assessed needs by the authority of ‘ordinary residence’. So, ordinary residence has tended to be a question for local authorities considering the entitlement to community care services. This includes accommodation and domiciliary services under the National Assistance Act 1948 (NAA 1948) and accommodation under the Children Act 1989. Ordinary residence is also relevant for identifying which local authority is the supervisory body for the purposes of the Mental Capacity Act 2005 (and, conveniently some of the deeming provisions from the NAA apply to the MCA 2005, para 183 Sched A1).”
Hardwicke Chambers, 7th November 2013
Source: www.hardwicke.co.uk
GMC welcomes Europe language rules – BBC News
“Doctors and other professionals moving from Europe to work in the UK will have their fluency in English checked under new rules governing language skills and other safety issues.”
BBC News, 15th November 2013
Source: www.bbc.co.uk
Federal Republic of Germany v Puid – WLR Daily
Federal Republic of Germany v Puid: Case C-4/11; [2013] WLR (D) 435
“Where member states could not be unaware that systemic deficiencies in the asylum procedure and in the conditions for the reception of asylum seekers existed in the member state initially identified as responsible for examining an asylum application, the member state which was determining the member state responsible was required not to transfer the asylum seeker to the initial member state and, subject to the exercise of the right itself to examine the application, to establish whether another member state could be identified as responsible in accordance with one of the criteria set out in Chapter III of Council Regulation (EC) No 343/2003.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
Sudanese sex offender wins damages for being held in custody too long – The Guardian
“A sex offender has won the right to damages after the court of appeal ruled he was held in custody for too long while attempts to deport him were unsuccessful.”
Thr Guardian, 12th November 2013
Source: www.guardian.co.uk
Pay a fee to skip the passport queue, under new Home Office plans – Daily Telegraph
” British holidaymakers and business travellers who pay an extra fee to the Home Office will be allowed to skip the passport queue at the airport, under new plans outlined by the Home Office on Tuesday. A consultation paper said ministers were drawing up plans to extend ‘premium fast-track processing’ which is currently only available to some first and business class passengers at Heathrow. The proposal is one of a number of new ideas being floated to cover more of the immigration service’s costs by raising more revenue from passengers.”
Daily Telegraph, 12th November 2013
Source: www.telegraph.co.uk
Targeted consultation on immigration and visa charging principles – Home Office
“Targeted consultation on immigration and visa charging principles.”
Home Office, 12th November 2013
Source: www.gov.uk/home-office
G4S staff at Brook House centre ‘falsified document’ – BBC News
“A High Court judge has asked prosecutors to consider forgery and contempt charges after claiming staff at an immigration removal centre falsified a document.”
BBC News, 11th November 2013
Source: www.bbc.co.uk
Regina (Elosta) v Commissioner of Police of the Metropolis (Law Society and another intervening) – WLR Daily
“A person detained for examination under Schedule 7 to the Terrorism Act 2000 had the right to consult a solicitor privately ‘in person, in writing or on the telephone’ before being interviewed.”
WLR Daily, 6th November 2013
Source: www.iclr.co.uk
