“The Prime Minister is to ‘get a grip’ on people forcing unnecessary delays to Government policy by cracking down on the ‘massive growth industry’ of Judicial Review.”
UK Human Rights Blog, 19th November 2012
Source: www.ukhumanrightsblog.com
“Britons on low incomes are being forced to live apart from their families because of new immigration rules that rate their marriages as ‘second class’, campaigners say.”
The Independent, 17th November 2012
Source: www.independent.co.uk
“Immigration lawyers who lodge last minute meritless legal challenges against removals are an ‘intolerable waste of public money’ and will be name and shamed, one of the country’s most senior judges has warned.”
Daily Telegraph, 14th November 2012
Source: www.telegraph.co.uk
“A person may not appeal against an immigration decision from within the United Kingdom in reliance on section 92(4)(a) of the Nationality, Immigration and Asylum Act 2002 unless he made a human rights claim or an asylum claim to the Secretary of State before instituting the appeal; where the claim is made for the first time in the notice of appeal, it is open to the First-tier Tribunal itself to take the jurisdictional point.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
Iida v Stadt Ulm (Case C-40/11); [2012] WLR (D) 315
“A third-country national could only derive a right of residence from a European Union citizen in those instances provided for in Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), unless there was another connection with European Union provisions on citizenship.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“Abu Qatada has won his appeal against the Home Secretary Theresa May’s refusal to revoke the fresh deportation order she issued in his case this April, following assurances she’d received from the Jordanian government about his retrial, if and when he arrives there, on terrorist offences.”
Head of Legal, 12th November 2012
Source: www.headoflegal.com
K v Bundesasylamt: Case C-245/11; [2012] WLR (D) 309
“On the proper construction of article 15(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), a member state which was not responsible for examining an application for asylum pursuant to the criteria laid down in Chapter III of the Regulation became so responsible where there were humanitarian grounds for the application. In those circumstances, it was for the member state which had become the responsible member state to assume the obligations which went along with that responsibility and inform the member state previously responsible.”
WLR Daily, 6th November 2012
Source: www.iclr.co.uk
“The Commons home affairs select committee said the growing number of immigration cases — which includes almost 174,000 missing illegal immigrants — is equivalent of the population of Iceland. Mismanagement by the UK Border Agency could lead to tens of thousands more illegal immigrants being granted an ‘effective amnesty’ as officials write off their cases, the MPs said.”
Daily Telegraph, 8th November 2012
Source: www.telegraph.co.uk
“Before the new immigration rules were introduced in July, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights. In immigration decisions, there was no doubt that human rights were rooted in primary legislation: s.84(1)(c) and (g) of the Nationality, Immigration and Asylum Act 2002, the ‘2002 Act’) allows an appeal to be brought against a decision which unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights. In addition to this, there is s.33(2) of the UK Borders Act 2007 which provides, as one of the statutory exceptions to the automatic deportation regime, ‘…where removal of the foreign criminal in pursuance of a deportation order would breach (a) a person’s Convention rights’.”
UK Human Rights Blog, 8th November 2012
Source: www.ukhumanrightsblog.com
“The government’s promise to reduce net migration by 2015 includes measures that have made it more difficult for people from outside Europe to join family members in the UK, creating tough choices for some British residents.”
BBC News, 6th November 2012
Source: www.bbc.co.uk
“Bilston is the latest institution to have its licence to sponsor overseas students withdrawn.”
The Guardian, 2nd November 2012
Source: www.guardian.co.uk
“‘Soft-touch Britain: the asylum capital of Europe’; ‘Refugees made our lives hell too, say neighbours’; and “DNA test for bogus refugees scrapped as expensive flop”. All are headlines that have appeared recently in the UK press, despite it now being almost a decade since the Press Complaints Commission first heard from charities on why coverage like this should stop. And despite it now being almost a decade since the PCC issued guidance to address what it agreed was widespread inaccurate reporting.”
The Guardian, 31st October 2012
Source: www.guardian.co.uk
“The making of a deportation order automatically invalidated a grant of indefinite leave to remain. Revocation of the deportation order would revive the indefinite leave to remain, but in the case of a foreign criminal who could not be deported for legal reasons, the Secretary of State had power to revoke leave under section 76 of the Nationality, Asylum and Immigration Act 2002.”
WLR Daily, 23rd October 2012
Source: www.iclr.co.uk
Mohan v Secretary of State for the Home Department: [2012] EWCA Civ 1363; [2012] WLR (D) 291
“The Court of Appeal adopted and endorsed guidance given by the Upper Tribunal (Immigration and Asylum Chamber) on the approach to be taken where the automatic deportation procedure under section 32 of the UK Borders Act 2007 arose in the context of a claim under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which was also under consideration in family proceedings.”
WLR Daily, 23rd October 2012
Source: www.iclr.co.uk
“A pregnant woman in a wheelchair was tipped up and had her feet held by staff from G4S, the firm behind the Olympics security shambles, as she was forcibly removed from the country. The disclosure comes in the first report into conditions at a new centre designed to hold families facing deportation from the UK.”
The Guardian, 23rd October 2012
Source: www.guardian.co.uk
“A former Foreign office manager is facing jail after he today admitted faking a visa application to bring a Nigerian nanny into the country to work for just £300 a month.”
Daily Telegraph, 16th October 2012
Source: www.telegraph.co.uk
“A member state in receipt of an application for asylum was obliged to grant the minimum conditions for reception of asylum seekers laid down in Directive 2003/9/EC even where it decided, under Council Regulation (EC) No 343/2003, to call upon another member state, as the member state responsible for examining the application for asylum, to take charge of or take back that applicant. This obligation ceased when that same applicant was actually transferred by the requesting member state, and the financial burden of granting those minimum conditions was to be assumed by that requesting member state, which was subject to that obligation.”
WLR Daily, 27th September 2012
Source: www.iclr.co.uk
“Parts of the evidence against the terrorist suspect Abu Qatada are ‘a bit thin’, according to the judge considering his deportation to face trial in Jordan.”
The Guardian, 10th October 2012
Source: www.guardian.co.uk
“Refugee groups fear the Met will effectively behave as arm of Border Agency putting some people off reporting crimes.”
The Guardian, 5th October 2012
Source: www.guardian.co.uk
“As previously announced, a number of changes to the Immigration Rules are coming into effect today.”
UK Border Agency, 1st October 2012
Source: www.ukba.homeoffice.gov.uk
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