Category: immigration

KA (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted July 31st, 2012 in appeals, asylum, children, immigration, law reports, ministers' powers and duties by sally

KA (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 1014; [2012] WLR (D) 230

“The Secretary of State’s duty to endeavour to trace the family members of an unaccompanied minor seeking asylum was not discharged by merely informing the child of the facilities of the Red Cross. A failure to discharge the duty might be relevant to judicial consideration of an asylum or humanitarian protection claim. Such failure might also be relevant to a consideration of the duty under section 55 of the Borders, Citizenship and Immigration Act 2009.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Jeremy Hunt: Olympics wrong time for PCS border staff strike – BBC News

Posted July 25th, 2012 in budgets, immigration, industrial action, news, sport, trade unions by tracey

“The government is urging Border Agency workers not to hold a strike on the eve of the Olympics, arguing it is the ‘wrong time.’ ”

Full story

BBC News, 25th July 2012

Source: www.bbc.co.uk

Regina (Munir) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening): Regina (Rahman) v Same – WLR Daily

Posted July 19th, 2012 in immigration, law reports, Supreme Court by tracey

Regina (Munir) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening): Regina (Rahman) v Same: [2012] UKSC 32;  [2012] WLR (D)  213

“If a statement of an immigration policy was flexible and stated that an immigration rule relating to leave to enter and remain in the United Kingdom might, depending on the circumstances of each case, be relaxed if certain conditions were satisfied, the statement itself was not an immigration rule and therefore the Secretary of State was not required to lay it before Parliament in accordance with section 3(2) of the Immigration Act 1971.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

 

Regina (Alvi) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening) – WLR Daily

Posted July 19th, 2012 in codes of practice, employment, immigration, law reports, Supreme Court by tracey

Regina (Alvi) v Secretary of State for the Home Department (Joint Council for the Welfare of Immigrants intervening):[2012] UKSC 33;  [2012] WLR (D)  211

“Any requirement which, if not satisfied, would lead to an application for leave to enter or remain in the United Kingdom being refused, was a rule ‘as to the practice to be followed’ in the administration of the Immigration Act 1971 and therefore had to be laid before Parliament in accordance with section 3(2) of the Act.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Children’s Commissioner publishes review of age assessment cases since R (A) v Croydon LBC Supreme Court judgment – Family Law Week

Posted July 19th, 2012 in children, immigration, local government, news, reports by tracey

“The Children’s Commissioner for England has published a new report The Fact of Age: Review of case law and local authority practice since the Supreme Court judgment in R (A) v Croydon LBC [2009]. The report has been written by Laura Brownlees , an independent research and policy consultant, and Zubier Yazdani, a solicitor with Deighton Pierce Glynn.”

Full story

Family Law Week, 18th July 2012

Source: www.familylawweek.co.uk

 

Supreme court strikes down Home Office’s back-door changes to immigration rules – The Guardian

Posted July 18th, 2012 in families, human rights, immigration, news, Supreme Court by tracey

“Just over a week since far-reaching new immigration rules took effect – which will permanently separate many British citizens or settled residents from their non-European spouses, children and ageing relatives – the home secretary has suffered a severe defeat in the supreme court. In the case of Alvi [2012] UKSC 33, handed down today, the court struck down a previous attempt by the Home Office to introduce substantive immigration requirements through the back door of policy, guidance or instructions, rather than in the body of the immigration rules themselves.”

Full story

The Guardian, 18th July 2012

Source: www.guardian.co.uk

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

Posted July 18th, 2012 in appeals, immigration, law reports, tribunals by tracey

Adedoyin v Secretary of State for the Home Department: [2012] EWCA civ 939;  [2012] WLR (D)  206

“Where the Upper Tribunal had properly directed itself as to its approach on an appeal from a determination of the First–tier Tribunal and had arrived at a conclusion which was open to it, the decision of the Upper Tribunal contained no material error of law and so the Court of Appeal should not allow an appeal from that decision, even if the court might have been more (or less) generous in its approach to the determination of the First-tier Tribunal.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

Changes to the Immigration (European Economic Area) Regulations 2006 – UK Border Agency

Posted July 16th, 2012 in families, freedom of movement, immigration, news, regulations by sally

“On 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will change.

The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.”

Full story

UK Border Agency, 13th July 2012

Source: www.ukba.homeoffice.gov.uk

Changes to family immigration rules: the cost of love – Halsbury’s Law Exchange

Posted July 11th, 2012 in families, immigration, news, sponsored immigrants by tracey

“Last night a panel discussion was held in the Houses of Parliament to discuss the recently announced rule changes on family migration to the UK from outside the EU.”

Full story

Halsbury’s Law Exchange, 10th July 2012

Source: www.halsburyslawexchange.co.uk

Changes to the family migration Immigration Rules come into effect on 9 July 2012 – UK Border Agency

Posted July 9th, 2012 in EC law, families, human rights, immigration, news, regulations, remuneration by sally

“A number of changes to the Immigration Rules come into effect on 9 July 2012. These changes will affect non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK under the family migration route.”

Full story

UK Border Agency, 9th July 2012

Source: www.ukba.homeoffice.gov.uk

A culture of disbelief – LegalVoice

Posted July 5th, 2012 in asylum, immigration, legal representation, news, women by sally

“Lawyers who deal with asylum claims are likely to be thin on the ground as a result of the legal aid cuts and the consequences for women asylum-seekers, in particular, will be ‘catastrophic’, charities have warned – writes Elizabeth Davidson.”

Full story

LegalVoice, 4th July 2012

Source: www.legalvoice.org.uk

Taking stock after Abu Qatada: Assurances, secret detention and evidence in closed proceedings – UK Human Rights Blog

Posted June 25th, 2012 in appeals, closed material, deportation, detention, evidence, human rights, immigration, news by sally

“The Court of Appeal recently issued its judgment in XX v Secretary of State for the Home Department [2012] EWCA Civ 742, an appeal from a decision of the Special Immigration Appeals Commission (‘SIAC’) upholding the Secretary of State’s decision to deport an Ethiopian national on grounds of national security.”

Full story

UK Human Rights Blog, 24th June 2012

Source: www.ukhumanrightsblog.com

New family visit visa appeal regulations – UK Border Agency

Posted June 21st, 2012 in appeals, families, immigration, news, visas by sally

“The government laid the Immigration Appeals (Family Visitor) Regulations 2012 in Parliament on 18 June 2012, which set out who qualifies for a full right of appeal against refusal of a visa to visit family in the UK.”

Full story

UK Border Agency, 18th June 2012

Source: www.ukba.homeoffice.gov.uk

SK (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted June 21st, 2012 in appeals, asylum, crimes against humanity, immigration, law reports, refugees, treaties by sally

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807; [2012] WLR (D) 178

“The Secretary of State was entitled to refuse asylum to a woman who had participated in two farm evictions in Zimbabwe on the grounds that her participation in the evictions was a crime against humanity under article 1F(a) of the Rome Statute of the International Criminal Court. The refusal was lawful even though the Secretary of State accepted that she would face a real risk of being subject to serious ill-treatment if returned to Zimbabwe, sufficient to breach her rights under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 19th June 2012

Source: www.iclr.co.uk

Secret courts bill under attack as House of Lords prepares for second reading – The Guardian

Posted June 19th, 2012 in bills, civil justice, closed material, immigration, intelligence services, news, private hearings by sally

“Plans for secret hearings in civil courts being put before parliament on Tuesday ‘offend the principle of open justice’, a prominent Conservative MP has warned the government.”

Full story

The Guardian, 18th June 2012

Source: www.guardian.co.uk

Immigration judges ‘named and shamed’ by Sunday Telegraph – UK Human Rights Blog

Posted June 18th, 2012 in deportation, human rights, immigration, judges, media, news by sally

“Today (17 June) the Sunday Telegraph (ST) has named and shamed the ‘three judges who allowed the most appeals’ in cases involving the deportation of foreign criminals (Judges who allow foreign criminals to stay in Britain).”

Full story

UK Human Rights Blog, 17th June 2012

Source: www.ukhumanrightsblog.com

Deported criminal returned to Britain to claim his ‘right to family life’ – Daily Telegraph

Posted June 18th, 2012 in appeals, citizenship, deportation, families, human rights, immigration, news, violent offenders by sally

“A violent foreign criminal who illegally returned to Britain weeks after being deported has won the right to stay in this country because of his human rights.”

Full story

Daily Telegraph, 17th June 2012

Source: www.telegraph.co.uk

Gurkha children lose high court battle to settle in Britain – The Guardian

Posted June 18th, 2012 in armed forces, Gurkhas, immigration, news by sally

“Four adult children from Gurkha families have lost a test-case high court battle for the right to live with parents settled in the UK.”

Full story

The Guardian, 15th June 2012

Source: www.guardian.co.uk

‘Hundreds’ of miscarriage of justice claims over legal advice failings – Law Society’s Gazette

Posted June 14th, 2012 in defences, immigration, miscarriage of justice, news, passports by sally

“Hundreds of asylum seekers and refugees convicted of immigration-related offences such as failure to produce a passport may have been the victims of miscarriages of justice, the Gazette can reveal.”

Full story

Law Society’s Gazette, 14th June 2012

Source: www.lawgazette.co.uk

Clashes between politicians and judges – BBC Law in Action

Posted June 13th, 2012 in assisted suicide, EC law, families, human rights, immigration, judiciary, news, parliament by sally

“Major confrontations between the courts and the government in Britain and the United States are looming. Just this week, the Home Secretary has warned British judges to take account of the views of MPs on foreign offenders who claim the right to family life. But the courts are also poised to rule on the contentious issue of assisted dying, where those who wish to end their own life are seeking new rights.”

Listen

BBC Law in Action, 12th June 2012

Source: www.bbc.co.uk