D and another v Refugee Applications Commissioner (Ireland) and others – WLR Daily

Posted February 4th, 2013 in appeals, asylum, EC law, immigration, law reports by tracey

D and another v Refugee Applications Commissioner (Ireland) and others: (Case C-175/11);   [2013] WLR (D)  39

“Article 23(3) and (4) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status (OJ 2005 L326, p 13) did not preclude a member state from examining by way of prioritised or accelerated procedure, in compliance with the basic principles and guarantees set out in Chapter II of that Directive, certain categories of asylum applications defined on the basis of the criterion of the nationality or country of origin of the applicant. Article 39 did not preclude national legislation which allowed an applicant for asylum either to lodge an appeal against the decision of the determining authority before a court or tribunal such as the Refugee Appeals Tribunal (Ireland), and to bring an appeal against the decision of that tribunal before a higher court such as the High Court (Ireland), or to contest the validity of that determining authority’s decision before the High Court, the judgments of which might be the subject of an appeal to the Supreme Court (Ireland).”

WLR Daily, 31st January 2013

Source: www.iclr.co.uk

Gay asylum seekers feeling increased pressure to prove sexuality, say experts – The Guardian

Posted February 4th, 2013 in asylum, evidence, homosexuality, human rights, immigration, news by tracey

“Gay asylum seekers are increasingly going to extreme lengths to meet immigration officials’ demands that they prove their sexual identity or else be returned to countries where they face persecution.”

Full story

The Guardian, 3rd February 2013

Source: www.guardian.co.uk

Immigration route for entrepreneurs tightened to “stamp out abuse” – OUT-LAW.com

Posted February 1st, 2013 in immigration, news, regulations by tracey

“Changes to the immigration rules for foreign entrepreneurs coming to the UK will
‘stamp out abuse by those looking to play the system,’ a Government minister has
said.”

Full story

OUT-LAW.com, 31st January 2013

Source: www.out-law.com

B (Algeria) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

B (Algeria) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 4 | UKSC 2011/0186 (YouTube)

Supreme Court, 30th January 2013

Source: www.youtube.com/user/UKSupremeCourt

Sudanese paedophile cannot be deported over fears he would be ‘persecuted’ in home country – Daily Telegraph

Posted January 28th, 2013 in child abuse, damages, deportation, human rights, immigration, news, sexual offences by sally

“A Sudanese paedophile who was part of a group of immigrants who lured schoolgirls to a house for sex cannot be deported because he is a member of a ‘persecuted tribe’, it was disclosed at the High Court yesterday.”

Full story

Daily Telegraph, 26th January 2013

Source: www.telegraph.co.uk

Inspector finds UK Border Agency backlog dating back 10 years – The Guardian

Posted January 24th, 2013 in delay, immigration, married persons, news, reports by sally

“A ‘completely unacceptable’ UK Border Agency backlog of more than 16,000 applications from migrants for permission to stay in Britain, some of them dating back almost a decade, has been uncovered by the chief inspector of borders and immigration.”

Full story

The Guardian, 23rd January 2013

Source: www.guardian.co.uk

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

Posted January 23rd, 2013 in asylum, civil justice, human rights, immigration, Italy, law reports by sally

Regina (Bushara) v Secretary of State for the Home Department [2012] EWHC 3483 (Admin); [2013] WLR (D) 16

“In assessing whether an individual would be at risk on return to a member state, the fact that the receiving state was itself bound by the same Conventions and Community law as the sending state was to be regarded as obviating the risk unless there was a systemic failure in the receiving state. Unless there had been such a failure, the person was adequately protected: he had his rights against the receiving government and, if necessary, the possibility of recourse to the European Court of Human Rights from the receiving country.”

WLR Daily, 16th January 2013

Source: www.iclr.co.uk

Probe launched: Did drive to track illegal immigrants breach data laws? – The Independent

Posted January 11th, 2013 in data protection, immigration, news by tracey

“The information watchdog has launched an investigation into a drive to track down people who are in the country illegally, which was contracted out by the UK Border Agency to private company Capita.”

Full story

The Independent, 11th January 2013

Source: www.independent.co.uk

Foreign national prisoners lose right to legal aid – The Guardian

Posted January 9th, 2013 in appeals, deportation, immigration, legal aid, news by sally

“In April, new legislation will end legal aid for foreign national prisoners facing deportation.”

Full story

The Guardian, 8th January 2013

Source: www.guardian.co.uk

Regina v Sadighpour – WLR Daily

Posted January 8th, 2013 in appeals, burden of proof, crime, defences, immigration, law reports by sally

Regina v Sadighpour [2012] EWCA Crim 2669; [2013] WLR (D) 4

“Section 31(7) of the Immigration and Asylum Act 1999 did not reiterate a requirement to satisfy an evidential burden, initially imposed by section 31(1) on a defendant in relation to refugee status, even when the Secretary of State had refused an asylum claim, and was apt to cover a situation where there had already been due consideration of the defendant’s claim to refugee status on the merits.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another – WLR Daily

Posted January 7th, 2013 in appeals, deportation, immigration, judicial review, law reports, proportionality by sally

Regina (Essa) v Upper Tribunal (Immigration and Asylum Chamber) and another [2012] EWCA 1718; [2012] WLR (D) 393

“When considering whether the Secretary of State’s decision to deport an EU national convicted of a serious crime who had resided in the United Kingdom for ten years was proportionate the First-tier Tribunal should consider both the domestic and the European dimension.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

Fee remissions in the First-tier Tribunal (Immigration and Asylum Chamber) – Ministry of Justice

Posted December 19th, 2012 in asylum, consultations, immigration, legal aid, news by sally

“The consultation is aimed at anyone who has an interest in immigration, asylum and nationality matters or who would be affected by the removal of legal aid for most non-detention immigration appeals when the relevant provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force in April 2013.”

Full story

Ministry of Justice, 18th December 2012

Source: www.justice.gov.uk

Home Secretary Speech on ‘An Immigration System that Works in the National Interest’ – Speech given by Theresa May

Posted December 14th, 2012 in immigration, speeches by tracey

“Speech given by Theresa May on ‘An Immigration System that Works in the National Interest’. The Speech was delivered on 12 December 2012.”

Full speech

Home Office, 12th December 2012

www.homeoffice.gov.uk

Changes to the Immigration Rules come into effect on 13 December 2012 – UK Border Agency

Posted December 13th, 2012 in immigration, news, regulations by sally

“A number of changes to the Immigration Rules come into effect today (13 December 2012). These changes will affect non-European Economic Area nationals applying to enter or remain in the UK.”

Full story

UK Border Agency, 13th December 2012

Source: www.ukba.homeoffice.gov.uk

Immigration detention casework – poor casework must be addressed – HM Inspectorate of Prisons

Posted December 12th, 2012 in case management, delay, deportation, detention, immigration, news, prisons, reports by sally

“Immigration casework needs to improve so that people aren’t detained for longer than necessary, said Nick Hardwick, Chief Inspector of Prisons, and John Vine, Chief Inspector of Borders and Immigration, publishing the report of a thematic review of immigration detention casework.”

Full story

HM Inspectorate of Prisons, 12th December 2012

Source: www.justice.gov.uk

Prisons and immigration inspectors demand action on delayed deportations – The Guardian

Posted December 12th, 2012 in deportation, detention, immigration, news, prisons, reports by sally

“More than 40 people facing deportation have been held for longer than two years in prisons and immigration removal centres at a cost to the taxpayer of nearly £40,000 each, official inspectors have revealed.”

Full story

The Guardian, 12th December 2012

Source: www.guardian.co.uk

O and another v Maahanmuuttovirasto; Maahanmuuttovirasto v L – WLR Daily

Posted December 10th, 2012 in citizenship, EC law, families, human rights, immigration, law reports by sally

O and another v Maahanmuuttovirasto Maahanmuuttovirasto v L (Joined Cases C-356/11 and C-357/11); [2012] WLR (D) 371

“In circumstances where a third country national husband had married another third country national lawfully resident in the European Union and where the first child, an EU citizen, was a child of the wife’s former marriage to an EU citizen and the second child was a child of their own marriage, a member state could refuse to grant the third country national husband a residence permit on the basis of family reunification where he sought to derive the right of residence from his wife’s first child on the basis of the child’s enjoyment of EU citizenship pursuant to article 20FEU of the FEU Treaty. In those circumstances, however, Council Directive 2003/86/EC on the right to family reunification could apply.”

WLR Daily, 6th December 2012

Source: www.iclr.co.uk

Abu Qatada appeal launched by home secretary – The Guardian

Posted December 4th, 2012 in appeals, deportation, evidence, immigration, news, terrorism, torture, tribunals by sally

“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”

Full story

The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Samin v Westminster City Council – WLR Daily

Posted November 23rd, 2012 in benefits, disabled persons, EC law, homelessness, housing, immigration, law reports by tracey

Samin v Westminster City Council: [2012] EWCA Civ 1468;   [2012] WLR (D)  336

“A migrant worker from another EU member state who could not establish that he was temporarily unable to work as a result of illness or accident within regulation 6(2)(a) of the Immigration (European Economic Area) Regulations 2006 was not entitled to housing provision from a local authority as a homeless person under Part VII of the Housing Act 1996.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Flexible changes to Immigration Rules for the brightest and best – Home Office

Posted November 23rd, 2012 in immigration, press releases, regulations, visas by tracey

“Changes to the Immigration Rules, which will ensure the UK remains the destination of choice for exceptional overseas talent, have been published today.”

Full press release

Home Office, 22nd November 2012

Source: www.homeoffice.gov.uk