‘Dangerous extremists intent on promoting extreme ideologies will be blocked from entering the UK as the government steps up action to protect the public.’
Home Office, 30th April 2024
Source: www.gov.uk
‘Since 11 April 2024, there has been a(nother) new Appendix to the Immigration Rules: Appendix Long Residence.’
Richmond Chambers, 1st May 2024
Source: immigrationbarrister.co.uk
‘The Court of Appeal today handed down an important judgment concerning the availability of damages under section 8 of the Human Rights Act 1998. The case confirms that damages can be awarded where a person is subjected to a system that puts them at an imminent risk of inhuman or degrading treatment without having to prove that the victim did in fact suffer inhuman or degrading treatment contrary to article 3 ECHR. I set out below a summary of what the case decided and some thoughts on its implications.’
Landmark Chambers, 18th April 2024
Source: www.landmarkchambers.co.uk
‘For many years the long residence route was pretty straightforward. 10 years’ continuous lawful residence, good character, within absences limits – job done.’
EIN Blog, 1st May 2024
Source: www.ein.org.uk
‘A coroner has ruled the deaths of three people in the Reading terror attack were ”probably avoidable” as he delivered his conclusion following an inquest at the Old Bailey on Friday.’
The Independent, 27th April 2024
Source: www.independent.co.uk
‘The Home Office will launch a major operation to detain asylum seekers across the UK on Monday, weeks earlier than expected, in preparation for their deportation to Rwanda, the Guardian can reveal.’
The Guardian, 28th April 2024
Source: www.theguardian.com
‘The Archbishops of Canterbury and York and Bishop of Southwark have joined with leaders of the Roman Catholic, Methodist, Baptist and United Reformed Churches in England and issued a joint statement; the Church’s Press Release is reproduced below.’
Law & Religion UK, 23rd April 2024
Source: lawandreligionuk.com
‘A 45-year-old man has been found guilty of murdering a complete stranger, telling police he wanted to kill people because of the conflict in Gaza.’
The Guardian, 25th April 2024
Source: www.theguardian.com
‘Commentary on the Safety of Rwanda (Asylum and Immigration) Act (“RA”), which is shortly to receive Royal Assent, has concentrated principally on its deeming of Rwanda as a safe country whilst ousting the supervision of courts. This post considers a separate issue – section 4 of the Act as it applies to victims of slavery (“VOS”). Section 4 provides a carve out from the Act’s deeming provisions where the Home Secretary considers Rwanda is unsafe for an individual “based on compelling evidence relating specifically to their particular individual circumstances”. It also provides courts with a power of review of that question.’
UK Constitutional Law Association, 25th April 2024
Source: ukconstitutionallaw.org
‘An organisation that supports migrant workers has launched a legal challenge against the government’s new policy to bar care workers from bringing children and partners to the UK, warning that it is “tearing families apart”.’
The Guardian, 26th April 2024
Source: www.theguardian.com
‘In a judgment with potentially wide implications for damages claims for breaches of fundamental human rights, the Court of Appeal in ASY & Others v Home Office [2024] EWCA Civ 373 has held that there is a right to damages for imminent breaches of article 3 of the ECHR (the absolute prohibition on torture and inhuman or degrading treatment).’
3PB, 18th April 2024
Source: www.3pb.co.uk
‘There are fears that more people will be separated by the introduction of a minimum salary level for those wanting UK family visas.’
BBC News, 24th April 2024
Source: www.bbc.co.uk
‘The Council of Europe’s human rights watchdog has condemned Rishi Sunak’s Rwanda scheme, saying it raises “major issues about the human rights of asylum seekers and the rule of law”.’
The Guardian, 23rd April 2024
Source: www.theguardian.com
‘The Court of Appeal has dismissed the appeal of Mrs Akhtar who had been resident in the UK for 39 years (since 1985). Elisabeth Laing, Phillips and Males LJJ held that the Upper Tribunal had not failed to consider all the relevant circumstances when reaching its decision under section 117C(6) of Part 5A of the Nationality, Immigration and Asylum Act 2002 and they dismissed Mrs Akhtar’s appeal. Judges Mandalia and Hanson had not erroneously concluded that a foreign criminal had failed to meet the statutory exceptions in section 117C(6) when deciding her rights under article 8 of the ECHR did not outweigh the public interest in her deportation. Mrs Akhtar and her husband (“H”) were both convicted criminal offences on 21 April 2016 and they were duly sentenced, respectively, to a total of 4 years and three months’ imprisonment and to 14 years’ imprisonment (reduced to 11 on appeal) for their roles in a substantial and long-running mortgage fraud. Mrs Akhtar was convicted of the offences of cheating the public revenue between 1 January 2004 and 26 September 2012, entering into an arrangement to facilitate the acquisition, retention, use or control of criminal property and two counts of conspiracy to obtain a money transfer by deception. She was sentenced, respectively, to 30 months’ imprisonment, 30 months’ imprisonment, concurrent and also 21 months’ imprisonment, consecutive, and 21 months’ imprisonment, concurrent. Mrs Akhtar, who entered the UK as a fiancée in 1985, complained that the UT did not take her long residence into account in considering section 117C(6).’
EIN Blog, 22nd April 2024
Source: www.ein.org.uk
‘Rishi Sunak’s plan to fly people seeking asylum to Rwanda this spring appears to have been put back to the summer after House of Lords insisted on changes to the scheme.’
The Guardian, 19th April 2024
Source: www.theguardian.com
‘Ukrainian refugees fleeing the horrors of war to find sanctuary in British homes were sent to live with suspected gangsters under the government’s flagship Homes for Ukraine scheme, The Independent can reveal.’
The Independent, 14th April 2024
Source: www.independent.co.uk
‘On 4 December 2023 the Home Secretary, James Cleverly, announced future changes to visa rules in what he described as a “five-point plan” to reduce immigration. The Home Office released more information on 21 December, including some adjustments to what had initially been announced.’
House of Commons Library, 11th April 2024
Source: commonslibrary.parliament.uk
‘The Court of Appeal has held that a child born to a French national mother who was ordinarily resident in the UK while she was exercising her right of free movement as a worker had not automatically acquired British citizenship at birth under section 1(1)(b) of the British Nationality Act 1981 as the child of someone “settled” in the UK. In so concluding, the Court of Appeal held that the Immigration (European Economic Area) Regulations 2000 were “immigration laws” which subjected the mother to a restriction on her entitlement to remain in the UK and meant that she had not been “settled” for the purposes of section 1(1)(b) at the time of the child’s birth. At first instance Eyre J had dismissed Mr Roehrig’s claim for judicial review of the decision made by the SSHD refusing his application for a British passport. The issue in this appeal, as it was before the single judge, was whether Mr Roehrig automatically acquired British citizenship at birth under section 1(1)(b) of the British Nationality Act 1981. Notably, section 1(1)(b) of the 1981 Act provides that “A person born in the United Kingdom after commencement shall be a British citizen if at the time of the birth his father or mother is …(b) settled in the United Kingdom.” The SSHD refused the application stating: “As you were not able to provide documentary evidence to show your Mother was free from immigration time restrictions at the time of your birth, we are not able to issue a passport to you at this time…”.’
EIN Blog, 10th April 2024
Source: www.ein.org.uk
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