Torture victims win test case over detention in UK immigration centres – The Guardian

Posted May 21st, 2013 in asylum, compensation, detention, immigration, news, torture, victims by sally

“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.”

Full story

The Guardian, 21st May 2013

Source: www.guardian.co.uk

The meaning of care and attention – NearlyLegal

“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.”

Full story

NearlyLegal, 20th May 2013

Source: www.nearlylegal.co.uk

Home Office calls for evidence in Balance of Competences Review – Home Office

Posted May 20th, 2013 in asylum, consultations, freedom of movement, immigration, news by sally

“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.”

Full story

Home Office, 16th May 2013

Source: www.gov.uk/home-office

Roundtable: immigration – Law Society’s Gazette

“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.”

Full story

Law Society’s Gazette, 20th May 2013

Source: www.lawgazette.co.uk

Detainees win torture claims test case – BBC News

Posted May 20th, 2013 in asylum, compensation, detention, immigration, news, torture by sally

“Hundreds of people who were tortured before seeking asylum in the UK could seek compensation and release from immigration detention.”

Full story

BBC News, 17th May 2013

Source: www.bbc.co.uk

Abu Qatada launches fresh bid to be released from prison – The Independent

“Radical cleric Abu Qatada will launch a fresh bid for freedom today as he seeks to be released from prison at an immigration tribunal.”

Full story

The Independent, 20th May 2013

Source: www.independent.co.uk

Council wrongly classed asylum seeker children as adults – The Guardian

Posted May 17th, 2013 in asylum, children, costs, immigration, local government, London, news by sally

“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.”

Full story

The Guardian, 17th May 2013

Source: www.guardian.co.uk

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

Posted May 13th, 2013 in appeals, asylum, immigration, interpretation, law reports by tracey

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) – Supreme Court

Posted May 10th, 2013 in housing, immigration, local government, mental health, news, Supreme Court by sally

SL (FC) (Respondent) v Westminster City Council (Appellant) [2013] UKSC 27 | UKSC 2011/0229 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt

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