“Lawyers say police could ‘circumvent criminal justice’ by using intelligence in civil immigration courts to increase deportations.”
The Guardian, 6th June 2013
Source: www.guardian.co.uk
Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet (Case C-528/11); [2013] WLR (D) 214
“Article 3(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, permitted a member state, which was not indicated as responsible by the criteria in Chapter III of the Regulation, to examine an application for asylum even though no circumstances existed which established the applicability of the humanitarian clause in article 15 of the Regulation. That possibility was not conditional on the member state responsible under those criteria having failed to respond to a request to take back the asylum seeker concerned. The member state in which the asylum seeker was present was not obliged, during the process of determining the member state responsible, to request the Office of the United Nations High Commissioner for Refugees to present its views where it was apparent from the documents of that office that the member state indicated as responsible by the criteria in Chapter III of Regulation No 343/2003 was in breach of the rules of European Union law on asylum.”
WLR Daily, 30th May 2013
Source: www.iclr.co.uk
“Abandoned migrant and trafficked children will be left destitute and at risk of exploitation if the government goes ahead with a plan to introduce residency tests to determine whether they qualify for legal aid, child protection experts are warning.”
The Guardian, 2nd June 2013
Source: www.guardian.co.uk
“The EU is taking Britain to court over migrants’ entitlement to benefits.”
The Independent, 30th May 2013
Source: www.independent.co.uk
SS (Nigeria) v Secretary of State for the Home Department: [2013] EWCA Civ 550; [2013] WLR (D) 192
“A claim under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms made in reliance on the interests of a child with British citizenship by a foreign criminal seeking to resist deportation under section 32 of the UK Borders Act 2007 needed to be very strong to prevail given the pressing public interest in removal and the great weight to be attached to the policy of deporting foreign criminals by virtue of its origin in primary legislation. Only in extremely rare circumstances should a tribunal exercise an inquisitorial function on its own initiative in evaluating the interests of such a child.”
WLR Daily, 22nd May 2013
Source: www.iclr.co.uk
“In deciding when an immigrant into the United Kingdom should not be detained because they had been tortured the definition of torture in the Secretary of State’s detention policy in force before January 2013 was any act by which severe pain or suffering, whether physical or mental, was intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person had committed, or intimidating or coercing him or a third person, or for any reason based upon discrimination of any kind.”
WLR Daily, 17th May 2013
Source: www.iclr.co.uk
“The Home Office has been ordered by the high court to pay compensation to four torture survivors who were unlawfully held in British immigration detention centres.”
The Guardian, 21st May 2013
Source: www.guardian.co.uk
“SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of ‘care and attention’ in the context of s.21, National Assitance Act 1948.”
NearlyLegal, 20th May 2013
Source: www.nearlylegal.co.uk
“The government has today launched calls for evidence on the balance of powers between the UK and the European Union on asylum and immigration, and on the Free Movement of Persons.”
Home Office, 16th May 2013
Source: www.gov.uk/home-office
“Immigration has proved a toxic issue for recent Home Office ministers. In 2004 home secretary David Blunkett resigned following revelations that a visa application had been fast-tracked. Immigration minister Beverley Hughes resigned after admitting she ‘unwittingly’ misled people about a suspected visa ‘scam’. Charles Clarke resigned as home secretary in 2006 after intense pressure over the release of foreign prisoners who could have been deported at the end of their custodial term.”
Law Society’s Gazette, 20th May 2013
Source: www.lawgazette.co.uk
“Hundreds of people who were tortured before seeking asylum in the UK could seek compensation and release from immigration detention.”
BBC News, 17th May 2013
Source: www.bbc.co.uk
“Radical cleric Abu Qatada will launch a fresh bid for freedom today as he seeks to be released from prison at an immigration tribunal.”
The Independent, 20th May 2013
Source: www.independent.co.uk
“A London council has had to pay out more than £1m in costs for wrongly assessing asylum seeker children as adults. These wrong decisions have condemned some children to homelessness, prevented them from going to school and led to some being unlawfully held in adult detention centres.”
The Guardian, 17th May 2013
Source: www.guardian.co.uk
Ahmadi v Secretary of State for the Home Department: [2013] EWCA Civ 512; [2013] WLR (D) 170
“Where a notice of immigration decision contained combined notice of both a refusal of an application for variation of leave to remain and a decision that the applicant should be removed by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006, the removal decision was invalid.”
WLR Daily, 9th May 2013
Source: www.iclr.co.uk
SL (FC) (Respondent) v Westminster City Council (Appellant) [2013] UKSC 27 | UKSC 2011/0229 (YouTube)
Supreme Court, 9th May 2013
“The Home Office Discretionary Leave policy and instruction document (issued 27 October 2009) was not capable of being read and applied in a way which was compliant with section 55 of the Borders, Citizenship and Immigration Act 2009 and the associated jurisprudence.”
WLR Daily, 8th May 2013
Source: www.iclr.co.uk
Alarape and another v Secretary of State for the Home Department (Case C-529/11); [2013] WLR (D) 168
“The parent of a child who had attained the age of majority and who had obtained access to education on the basis of article 12 of Council Regulation (EEC) No 1612/68 (as amended by Parliament and Council Directive 2004/38/EC) could continue to have a derived right of residence under that article if the child remained in need of the presence and care of that parent in order to be able to continue and to complete his or her education, which was for the referring court to assess, taking into account all the circumstances of the case before it. Periods of residence in a host member state which were completed by family members of a Union citizen who were not nationals of a member state solely on the basis of article 12 of Regulation (EEC) No 1612/68 could not be taken into consideration for the purposes of acquisition by those family members of a right of permanent residence.”
WLR Daily, 8th May 2013
Source: www.iclr.co.uk
“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today [7 May] by Justice Secretary Chris Grayling.”
Ministry of Justice, 7th May 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“A judge’s decision to allow a convicted drug dealer who abandoned his children
the right to stay in Britain over his ‘human rights’ is at the centre of
mounting political protest.”
Daily Telegraph, 27th April 2013
Source: www.telegraph.co.uk
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