“Foreign doctors wanting to treat NHS patients in England will have to prove they have the necessary English skills, the government has confirmed.”
BBC News, 24th February 2013
Source: www.bbc.co.uk
Regina (KA) v Essex County Council [2013] EWHC 43 (Admin); [2013] WLR (D) 60
Where an illegal entrant had been refused leave to remain but nevertheless had a substantive claim under the Convention for the Protection of Human Rights and Fundamental Freedoms, for example to a family or private life in this country, that would found an appeal against removal directions if made, it was necessary in for a local authority to consider whether, on the facts, support should be provided under the Children Act 1989 in order to avoid a breach of those rights as part of the procedural protection afforded by the Convention.
WLR Daily, 18th January 2013
Source: www.iclr.co.uk
Szpak v Secretary of State for Work and Pensions [2013] EWCA Civ 46; [2013] WLR (D) 58
“Where a foreign national working in the United Kingdom applied late to be registered under the Accession (Immigration and Worker Registration) Regulations 2004 and his worker registration certificate was issued three months after commencing employment and covering only nine months of employment the certificate did not have retrospective effect so as to qualify him, under regulation 2(4), to claim the benefit as ‘legally working’ in the United Kingdom for 12 months for an ‘authorised employer’.”
WLR Daily, 13th February 2013
Source: www.iclr.co.uk
“An Iranian army conscript has been refused UK citizenship after a judge ruled he had been too closely linked with ‘crimes against humanity’.”
BBC News, 19th February 2013
Source: www.bbc.co.uk
“The Home Secretary, Theresa May, is no stranger to ill-founded outbursts concerning the evils of human rights. Against that background, her recent article in the Mail on Sunday (to which Adam Wager has already drawn attention) does not disappoint. May’s ire is drawn by certain recent judicial decisions in which the deportation of foreign criminals has been ruled unlawful on the ground that it would breach their right to respect for private and family life under Article 8 of the European Convention on Human Rights. Some of these judgments, May contends, flout instructions issued to judges by Parliament about how such cases should be decided.”
UK Human Rights Blog, 18th February 2013
Source: www.ukhumanrightsblog.com
“A partner in a law firm has been jailed for a £20 million ‘industrial scale’ immigration scam that saw about five sham marriages carried out a day over many years.”
Daily Telegraph, 18th February 2013
Source: www.telegraph.co.uk
“The UK Border Agency is under attack for ignoring demands from a cross-party Commons committee and the chief inspector of prisons to stop its ‘inhumane’ treatment of some deportees.”
The Guardian, 16th February 2013
Source: www.guardian.co.uk
“The home secretary, Theresa May, has accused judges of ‘subverting’ British democracy and making the streets of Britain more dangerous by ignoring rules aimed at deporting more foreign criminals.”
The Guardian,
Source: www.guardian.co.uk
“Izuazu (Article 8 – new rules) Nigeria [2013] UKUT 45 (IAC). The Upper Tribunal has concluded that new Immigration Rules do not adequately reflect the Secretary of State’s obligations under Article 8 of the ECHR.”
UK Human Rights Blog, 4th February 2013
Source: www.ukhumanrightsblog.com
“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 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.”
The Guardian, 3rd February 2013
Source: www.guardian.co.uk
“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.”
OUT-LAW.com, 31st January 2013
Source: www.out-law.com
Supreme Court, 30th January 2013
“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.”
Daily Telegraph, 26th January 2013
Source: www.telegraph.co.uk
“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.”
The Guardian, 23rd January 2013
Source: www.guardian.co.uk
“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
“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.”
The Independent, 11th January 2013
Source: www.independent.co.uk
“In April, new legislation will end legal aid for foreign national prisoners facing deportation.”
The Guardian, 8th January 2013
Source: www.guardian.co.uk
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
“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
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