Unwanted anonymity and gagging orders – Free Movement

Posted December 17th, 2014 in anonymity, asylum, children, immigration, news, privacy, tribunals by sally

‘I’ve now come across two cases in which judges of the First-tier Tribunal Immigration and Asylum Chamber have imposed unwanted anonymity orders on parties without any application or notice. One case is reported here and the other can’t be reported because of, well, the anonymity order. In both cases there was media interest beforehand and the orders acts as a gagging orders, preventing the parties from discussing their case with the media, even though the cases and the identities of the appellants had already been reported. In one of the cases the appellant had a child and that provided the reason or pretext for imposing anonymity. In the other unreported case children are named in the determination but are entirely tangental to the case and could easily have not been named.’

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Free Movement, 17th December 2014

Source: www.freemovement.org.uk

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European court: asking asylum seekers to prove sexuality is breach of human rights – Daily Telegraph

Posted December 3rd, 2014 in asylum, EC law, homosexuality, human rights, news, proof by sally

‘European Court of Justice rules accepting video evidence in asylum cases that hinge on sexuality is a breach of human rights.’

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Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

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Regina (GE) (Eritrea) v Secretary of State for the Home Department and another – WLR Daily

Posted December 2nd, 2014 in appeals, asylum, children, law reports, social services by sally

Regina (GE) (Eritrea) v Secretary of State for the Home Department and another [2014] EWCA Civ 1490; [2014] WLR (D) 500

‘A person who had been entitled to the provision of assistance by a local authority under the Children Act 1989 as a child in need, but to whom no assistance was in fact provided, did not fall within the definitions of “looked after” child, “relevant child” and “eligible child” in the 1989 Act and could not therefore, on attaining his majority, become a “former relevant child” for the purposes of section 23C of the 1989 Act, to whom the local authority owed continuing statutory duties for the provision of assistance. Where a local authority mistakenly but not unfairly or unlawfully concluded that a person was not a child and decided not to perform any duties towards him as a child in need under the 1989 Act, its failure to perform those duties was unlawful. The local authority could use its discretionary powers to provide services that it might have been obliged to provide if the person had been a former relevant child.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

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An immigration lawyer reviews Paddington – Free Movement

Posted December 2nd, 2014 in asylum, crime, immigration, news, refugees by sally

‘Law is pretty abstract. Unlike the role of a doctor or a builder, that of a lawyer is difficult to explain to a young mind. When my children eventually ask me about what I do when I “work” (confusingly simultaneously a place I seem to go to and a thing I do at home; either takes me away from them) my plan is to explain that I help strangers from far off places find new homes. Like Paddington Bear.’

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Free Movement, 1st December 2014

Source: www.freemovement.org.uk

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Regina (Cushnie) v Secretary of State for Health – WLR Daily

Posted November 18th, 2014 in asylum, equality, health, law reports, medical treatment, regulations by sally

Regina (Cushnie) v Secretary of State for Health [2014] EWHC 3626 (Admin); [2014] WLR (D) 484

‘Regulation 11(c) of the National Health Service (Charges to Overseas Visitors) Regulations 2011 contravened the provisions of section 149 of the Equality Act 2010 by reason of a lack of regard to the need to promote equality of opportunity for disabled people.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

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Yarl’s Wood: Undercover tour of detention centre with dreadful reputation for its treatment of asylum seekers – The Independent

‘The Detention Centre in Bedfordshire – privately run, but publicly funded – has a dreadful reputation for its treatment of asylum seekers. Cole Moreton found a way inside to see if its notoriety is deserved.’

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The Independent, 16th November 2014

Source: www.independent.co.uk

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Gay asylum seekers face ‘intrusive’ sexual questions – The Guardian

Posted October 24th, 2014 in asylum, homosexuality, immigration, news by sally

‘More than a tenth of Home Office interviews of gay and lesbian asylum seekers include “intrusive or unsatisfactory” questions about their sex lives, according to an investigation by the chief inspector of borders and immigration.’

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The Guardian, 23rd October 2014

Source: www.guardian.co.uk

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

Posted October 17th, 2014 in appeals, asylum, detention, immigration, news, time limits by tracey

Regina (Detention Action) v Secretary of State for the Home Department: [2014] EWCA Civ 1270; [2014] WLR (D) 426

‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

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The Supreme Court and the Rule of Law – Speech by Lord Neuberger

The Supreme Court and the Rule of Law (PDF)

Lord Neuberger

The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014

Source: www.supremecourt.uk

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Jamaican crook dodges deportation – Daily Telegraph

Posted September 1st, 2014 in assault, asylum, deportation, firearms, homosexuality, human rights, news, robbery, theft by sally

‘A ‘career criminal’ has avoided being removed to Jamaica after falsely claiming he was gay and would be persecuted in his home country.’

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Daily Telegraph, 29th August 2014

Source: www.telegraph.co.uk

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SRA investigating nine criminal law firms over failures in advice to asylum seekers – Legal Futures

‘The Solicitors Regulation Authority (SRA) is investigating nine criminal law firms over failures in advice to asylum seekers, it has emerged.’

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Legal Futures, 26th August 2014

Source: www.legalfutures.co.uk

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PJ (Sri Lanka) v Secretary of State for the Home Department – WLR Daily

Posted July 23rd, 2014 in asylum, documents, forgery, law reports, legal profession, Sri Lanka by michael

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011;  [2014] WLR (D)  329

‘When local lawyers obtained relevant documents from a domestic court in relation to an asylum claim and thereafter transmitted them directly to lawyers in the United Kingdom, there was no basis in domestic or European Court of Human Rights jurisprudence for the general approach that there was a rebuttable presumption that documents so obtained were reliable, with the presumption capable of being displaced by evidence or submissions from the Home Secretary. Rather the jurisprudence did no more than indicate that the circumstances of particular cases might exceptionally necessitate an element of investigation by the national authorities in order to provide effective protection against mistreatment, although such a step would frequently not be feasible or it might be unjustified or disproportionate.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

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Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening); [2014] EWHC 2245 (Admin); [2014] WLR (D) 310

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

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Immigration: Serious failings within Government system carry ‘high risk of unfairness’ for asylum seekers, says High Court judge – The Independent

Posted July 9th, 2014 in asylum, government departments, immigration, news by sally

‘A High Court judge has ruled that a system for fast-tracking asylum claims has “serious failings” and is being operated unlawfully by the Government.’

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The Independent, 9th July 2014

Source: www.independent.co.uk

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France’s ban on religious clothing in schools did not prevent removal of asylum seeker there under Dublin Regulation – UK Human Rights Blog

‘France is a country which observes its Convention obligations therefore it is not in breach of Article 3 or any other of the Convention’s provisions to return an asylum seeker thence under the Dublin Regulation, since that system provides that once a Member State has “taken charge” of an application for asylum (as France has in this case) it has exclusive responsibility for processing and determining the claim for asylum. The prohibition on religious clothing in public schools in France did not disclose a threat to the second appellant’s Convention rights.’

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UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

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Yarl’s Wood: deported asylum seekers to give evidence to parliament – The Guardian

‘Deported asylum seekers who have made allegations of inappropriate sexual behaviour by staff at the Yarl’s Wood detention centre are to be called before an ongoing parliamentary inquiry.’

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The Guardian, 28th June 2014

Source: www.guardian.co.uk

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Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening); [2014] EWCA Civ 854; [2014] WLR (D) 281 – WLR Daily

Posted June 27th, 2014 in asylum, EC law, human rights, Islam, law reports, religious discrimination by tracey

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening): [2014] EWCA Civ 854; [2014] WLR (D) 281

‘The removal of a female Muslim claimant of school age to France, where she had first claimed asylum and which had accepted responsibility for that claim, did not breach her Convention rights to a private and family life and freedom of religion by reason of a French law prohibiting the wearing of religious symbols and clothing in state schools.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

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MP (Sri Lanka) v Secretary of State for the Home Department (Tamils against Genocide intervening): NT (Sri Lanka) v Same – WLR Daily

Posted June 20th, 2014 in asylum, law reports, refugees, Sri Lanka by tracey

MP (Sri Lanka) v Secretary of State for the Home Department (Tamils against Genocide intervening): NT (Sri Lanka) v Same: [2014] EWCA Civ 829; [2014] WLR (D) 268

‘When formulating country guidance for Sri Lanka in relation to individuals likely to be in need of international refugee protection the Upper Tribunal had been justified in departing from the more generous UNHCR Guidelines in setting out what the risk categories were.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

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Regina v Bina – WLR Daily

Regina v Bina [2014] WLR (D) 251

‘There was no limitation by which the offence of assisting unlawful immigration, contrary to section 25(1) of the Immigration Act 1971, was inapplicable in relation to asylum seekers. Further, section 25(3) of that Act was permissive only, so that a matter of foreign law might be proved by methods such as expert evidence or admission as well as by a government-issued certificate as set out in section 25(3).’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

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Afusat Saliu and children ‘deported to Nigeria’ – BBC News

‘A woman who fought to stay in the UK over fears her daughters could face female genital mutilation in Nigeria has been deported, her lawyer has said.’

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BBC News, 4th June 2014

Source: www.bbc.co.uk

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