Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) – WLR Daily

Posted May 10th, 2013 in appeals, immigration, judicial review, law reports, tribunals by sally

Regina (SM and others) v Secretary of State for the Home Department(Coram Children’s Legal Centre intervening); Regina (SR and another) Same (Same intervening) [2013] EWHC 1144 (Admin); [2013] WLR (D) 169

“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 – WLR Daily

Posted May 10th, 2013 in EC law, education, families, immigration, law reports by sally

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

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

Posted May 8th, 2013 in fees, immigration, judicial review, news, time limits by sally

“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.”

Full story

Ministry of Justice, 7th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Home Office fury as drug dealer immigrant wins right to stay in UK – Daily Telegraph

Posted April 29th, 2013 in appeals, deportation, drug offences, families, human rights, immigration, news by tracey

“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.”

Full story

Daily Telegraph, 27th April 2013

Source: www.telegraph.co.uk

Crime and Courts Act 2013 – legislation.gov.uk

Full text of Act

Source: www.legislation.gov.uk

Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice

Posted April 23rd, 2013 in consultations, delay, fees, immigration, judicial review, news, planning by sally

“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today by Justice Secretary Chris Grayling.”

Full story

Ministry of Justice, 23rd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Judicial review controls unveiled – BBC News

Posted April 23rd, 2013 in civil justice, fees, immigration, judicial review, news, planning by sally

“Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions.”

Full story

BBC News, 23rd April 2013

Source: www.bbc.co.uk

Court of Appeal dismisses human rights challenge to Immigration Rules – Home Office

Posted April 18th, 2013 in appeals, human rights, immigration, news, regulations, visas by sally

“The Home Office was successful in defending Immgiration Rules changes introduced to test migrant’s English language capabilities”

Full story

Home Office, 17th April 2013

Source: www.gov.uk/home-office

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) – WLR Daily

Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) [2013] EWCA Civ 322; [2013] WLR (D) 139

“The requirement that a foreign spouse or partner of a British citizen or person settled in the United Kingdom produce a test certificate of knowledge of the English language to a prescribed standard prior to entering the United Kingdom was proportionate.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk

Court of Appeal dismisses human rights challenge to Immigration Rule – Home Office

Posted April 16th, 2013 in appeals, human rights, immigration, news, regulations, visas by sally

“The Home Office was successful in defending Immgiration Rules changes introduced to test migrants English language capabilities.”

Full story

Home Office, 16th April 2013

Source: www.gov.uk/home-office

Regina v Asmeron – WLR

Posted April 16th, 2013 in appeals, defences, documents, immigration, law reports, refugees by sally

Regina v Asmeron [2013] EWCA Crim 435; [2013] WLR (D) 135

“Where a defendant was charged with an offence of entering the United Kingdom without a passport, contrary to section 2 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, the court could only rule that the defendant’s explanation for so doing was incapable in law of amounting to a good reason or a reasonable excuse if it could properly be said, on the true construction of the Act, that it would be inconsistent with the essential nature and purpose of the offence for the defendant’s explanation to be capable of amounting to a defence. The fact that a defence might be considered hopeless on the merits was not a good reason for a judge to withdraw it from the jury.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

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

Regina (Ismail) v Secretary of State for the Home Department [2013] EWHC 663 (Admin); [2013] WLR (D) 133

“It was available to the Secretary of State for the Home Department to decline to serve on an individual a criminal judgment pursuant to a request from a foreign jurisdiction on the basis that the judgment had been obtained in flagrant breach of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms as to fair trial.”

WLR Daily, March 2013

Source: www.iclr.co.uk

London Metropolitan University continues legal fight over foreign students – Daily Telegraph

Posted April 10th, 2013 in immigration, judicial review, news, universities, visas by sally

“A university which was stripped of its licence to bring overseas students into Britain is refusing to drop a legal challenge against Theresa May, the Home Secretary, even though its ability to sponsor foreigners was restored yesterday.”

Full story

Daily Telegraph, 9th April 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Law Society president on legal aid change – BBC News

Posted April 10th, 2013 in budgets, immigration, legal aid, news, prisons by sally

“The government has proposed cutting legal aid for prisoners, newly-arrived immigrants and people with incomes of more £37,500 to reduce the overall bill.”

Full story

BBC News, 9th April 2013

Source: www.bbc.co.uk

New £1,300 charge for High Court challenges against Government decisions – Daily Telegraph

Posted April 8th, 2013 in fees, immigration, judicial review, legal aid, news, solicitors by sally

“People will have to pay up to £1,300 to bring High Court challenges against Government decisions in a crackdown on spurious legal challenges, under new plans.”

Full story

Daily Telegraph, 8th April 2013

Source: www.telegraph.co.uk

New migrants will have to wait a year for legal aid – The Guardian

Posted April 8th, 2013 in asylum, budgets, custody, immigration, legal aid, news, prisons by sally

“Foreign nationals are to be denied the right to obtain legal aid for civil cases until they have lived in Britain for at least a year, the justice secretary Chris Grayling will announce this week.”

Full story

The Guardian, 7th April 2013

Source: www.guardian.co.uk

Last week not a good one for Theresa May: not just Abu Qatada – UK Human Rights Blog

Posted April 2nd, 2013 in appeals, asylum, deportation, human rights, immigration, news, terrorism by sally

“Hot on the Home Secretary’s loss of the Abu Qatada appeal, a reverse for her in another deportation case about someone whom the Court of Appeal described as ‘an important and significant member of a group of Islamist extremists in the UK,’ and who was said to have links – direct or indirect – with men involved in the failed July 21 2005 bombing plot.”

Full story

UK Human Rights Blog, 31st March 2013

Source: www.ukhumanrightsblog.com

Conor Gearty: The Important Inconvenience of the Rule of Law – UK Constitutional Law Group

Posted April 2nd, 2013 in appeals, deportation, human rights, immigration, news, rule of law, torture by sally

“Omar Othman is a resident of this country – guilty of no crime and up to now facing no charges – whose home country wants to put him on trial in a case where the key evidence against him will in all likelihood have been procured by torture. The only reason he probably won’t be tortured is because the state concerned has reluctantly promised (as an inducement to get him back) not to follow its usual routine.”

Full story

UK Constitutional Law Group, 30th March 2013

Source: www.ukconstitutionallaw.org

Abu Qatada’s deportation is unlikely, but charges might see him jailed – The Guardian

Posted March 28th, 2013 in appeals, bail, deportation, immigration, news, terrorism, tribunals by tracey

“UK courts have ruled against sending Abu Qatada to Jordan, but now he might be charged for allegedly breaching bail conditions.”

Full story

The Guardian, 27th March 2013

Source: www.guardian.co.uk

Abu Qatada: Government loses deportation appeal – BBC News

Posted March 27th, 2013 in appeals, deportation, evidence, immigration, news, terrorism, torture by tracey

“Home Secretary Theresa May has lost her appeal against a ruling preventing the
deportation of preacher Abu Qatada.”

Full story

BBC News, 27th March 2013

Source: www.bbc.co.uk