‘Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining effective immigration control by removing a foreign national to their country of origin.’
EIN Blog, 23rd August 2022
Source: www.ein.org.uk
‘A commitment to fairness for all parties is at the heart of a new Defendants Strategy, launched today by the Crown Prosecution Service (CPS).’
Crown Prosecution Service, 13th July 2022
Source: www.cps.gov.uk
‘If enacted in its present form the Bill of Rights Bill would compromise judicial independence, dilute ECHR rights protection, and undermine the principle of parliamentary democracy that it purports to protect. The Bill seeks to repeal the Human Rights Act 1998 (HRA 1998) in full and replace it with legislation which, according to a Government press release, will “ensure courts cannot interpret laws in ways that were never intended by Parliament”. It also seeks to inject a “healthy dose of common sense” into courts’ protection of Convention rights.’
Oxford Human Rights Hub, 27th June 2022
Source: ohrh.law.ox.ac.uk
‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’
Local Government Lawyer, 9th June 2022
Source: www.localgovernmentlawyer.co.uk
‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’
EIN Blog, 13th May 2022
Source: www.ein.org.uk
‘The question of how to determine whether or not the deportation of a foreign national convicted of criminal offending is a disproportionate interference in the family life that they may share with their partner or child has been explored in a series of cases, including the leading decisions of KO (Nigeria) (Appellant) v Secretary of State for the Home Department [2018] UKSC 53 and HA (Iraq) [2020] EWCA Civ 1176 and has been discussed in detail on the UK Human Rights blog here, here and here.’
EIN Blog, 26th April 2022
Source: www.ein.org.uk
‘The English and Welsh Divisional Court has found that it is proportionate to convict a protestor of trespass, providing potential reassurance to companies whose business is disrupted through protests.’
OUT-LAW.com, 5th April 2022
Source: www.pinsentmasons.com
‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’
UKSC Blog, 4th April 2022
Source: ukscblog.com
‘The Metropolitan Police unlawfully failed to consider whether the right to protest provided a “reasonable excuse” under coronavirus restrictions to organise a vigil for murder victim Sarah Everard, the High Court ruled today.’
Law Society's Gazette, 11th March 2022
Source: www.lawgazette.co.uk
‘What happens when someone is convicted of a criminal offence and is given a custodial sentence? Sometimes, the individual will serve at least part of their sentence in prison and the remainder on licence. But, what happens after they’ve served the totality of their sentence?’
UK Human Rights Blog, 12rh November 2021
Source: ukhumanrightsblog.com
‘Human rights groups are suing the Home Office over its decision to increase police stop and search powers, The Independent can reveal.’
The Independent, 3rd November 2021
Source: www.independent.co.uk
‘Extinction Rebellion has demanded to know how its upcoming demonstrations will be policed after the Supreme Court ruled that protest can be a “lawful excuse” to block roads under human rights law.’
The Independent, 22nd August 2021
Source: www.independent.co.uk
‘The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from the UK if no other countervailing factors were present. This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases involving children. In this post we look at recent developments in immigration law regarding applications for leave to remain on the basis of 7 years’ continuous residence as a child.’
Richmond Chambers, 26th July 2021
Source: immigrationbarrister.co.uk
‘The Queen (on the application of Leonard Gjini) [2021] EWHC 1677 (Admin). In an important decision handed down on 21 June 2021, Mr Justice Morris clarified the circumstances in which it is permissible for the Home Office to decline to issue British Passports to persons subject to deprivation proceedings under section 40 of the British Nationality Act 1981 rejecting a contention by the Home Office that there was a public interest in refusing based on the fact of a past deception.’
EIN Blog, 2nd July 2021
Source: www.ein.org.uk
‘Very large organisations may see fines for health and safety breaches doubled, according to the Court of Appeal in England and Wales. There remains, however, no clear judicial guidance on what the threshold for “very large” looks like in practice.’
OUT-LAW.com, 16th April 2021
Source: www.pinsentmasons.com
‘When is it proportionate to extradite a person for what appear to be minor offences where they are entitled to a retrial?’
5SAH, 17th March 2021
Source: www.5sah.co.uk
‘In Halcrow & Ors v Crown Prosecution Service [2021] EWHC 483 (Admin), Maryam Halcrow, Angel Grace and Lisa Mead were Pagans of various traditions. All three had been convicted by Swindon Magistrates’ Court of entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018 without reasonable excuse, contrary to regulation 3(h) of the Stonehenge Regulations 1997 and s.19 of the Ancient Monuments and Archaeological Areas Act 1979, and had been sentenced to a conditional discharge. Their appeal to the Crown Court was dismissed [1 & 2].’
Law & Religion UK, 11th March 2021
Source: lawandreligionuk.com
‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’
Blackstone Chambers, 12th February 2021
Source: www.blackstonechambers.com
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