R (on the application of Jamar Brown (Jamaica) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court

R (on the application of Jamar Brown (Jamaica) (Respondent) v The Secretary of State for the Home Department (Appellant) [2015] UKSC 8 (YouTube)

Supreme Court, 4th March 2015

Source: www.youtube.com/user/UKSupremeCourt

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Backdating welfare benefits payments to those recognised as refugees in the UK – Free Movement

Posted March 12th, 2015 in appeals, asylum, benefits, news, refugees, social security, tribunals by sally

‘In Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141 the Court of Appeal considered whether the UK Government is in breach of its international obligations towards refugees because of the lack of any provision to make back-payments of welfare benefits to those asylum seekers who, upon inquiry, are found to be refugees.’

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Free Movement, 12th March 2015

Source: www.freemovement.org.uk

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Home Office asserts Jamaica safe in general despite persecution of LGBT community – Free Movement

‘The Supreme Court last week rejected the Home Office’s attempt to keep Jamaica on the list of safe countries for asylum claims despite an estimated 10% of the population in Jamaica being subject to persecution because they are gay. This blow to the Home Office came the same week that the case of Aderonke Apata reached court again, leading to some startling submissions on sexuality being made to the court on behalf of the Home Office.’

Full story

Free Movement, 11th March 2015

Source: www.freemovement.org.uk

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Legal aid, young people and the review that never happened – LegalVoice

‘The Ministry of Justice has in the last few weeks quietly backed down on the promise of a full review on the effects of legal aid cuts on children and young people.’

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LegalVoice, 10th March 2015

Source: www.legalvoice.org.uk

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Visitor appeal succeeds on human rights grounds – Free Movement

Posted March 11th, 2015 in appeals, asylum, human rights, immigration, married persons, news, tribunals by tracey

‘In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle of the scything of full rights of appeal for everyone else, President McCloskey has turned his attention to the question of the relevance of compliance with the Immigration Rules to a human rights appeal. The answer is that where a person meets the terms of the Immigration Rules, their appeal will normally fall to be allowed on human rights grounds, assuming that human rights are engaged in some way in the first place.’

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Free Movement, 10th March 2015

Source: www.freemovement.org.uk

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Changes to asylum process and procedure – Free Movement

Posted March 9th, 2015 in asylum, codes of practice, immigration, news by tracey

‘The circumstances in which an asylum claim may be treated as abandoned by an applicant have been extended with effect from 27 February 2015.’

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Free Movement, 5th March 2015

Source: www.freemovement.org.uk

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Speech by Mr Justice Hickinbottom: Administrative Court in Wales – Evolution or Revolution – Judiciary of England and Wales

‘The Hon Mr Justice Hickinbottom gave a speech at The First Administrative Court in Wales Lecture on “Administrative Court in Wales – Evolution or Revolution” on 20 February 2014.’

Full speech

Judiciary of England and Wales, 6th March 2015

Source: www.judiciary.gov.uk

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Blakesley v Secretary of State for Work and Pensions – WLR Daily

Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141; [2015] WLR (D) 96

‘The Government was not obliged to make lump sum payments to successful applicants for asylum representing the difference between the support they received while their application was being processed and mainstream benefits.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

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‘What crime have I committed to be held like this?’: inside Yarl’s Wood – The Guardian

Posted March 4th, 2015 in asylum, attempts, detention, elderly, immigration, inquiries, news, refugees, suicide, women by sally

‘Migrants and asylum seekers can be locked up at the high-security detention centre indefinitely. Reports of abuse, self-harm and suicide are rife. Now MPs are calling for an end to the ‘expensive, ineffective and unjust’ system. In a rare report, inmates describe their misery.’

Full story

The Guardian, 3rd March 2015

Source: www.guardian.co.uk

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

Posted January 14th, 2015 in asylum, detention, EC law, immigration, law reports by tracey

Regina (Mohammed) v Secretary of State for the Home Department; [2014] EWHC 4317 (Admin); [2015] WLR (D) 4

‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

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Female detainees at Yarl’s Wood routinely humiliated, claims report – The Guardian

‘Women detained in the Yarl’s Wood immigration detention centre are routinely humiliated by male staff who monitor them while they are dressing, showering and using the toilet, or are naked in their rooms, a report into the treatment of female asylum seekers reveals. The report, by the charity Women for Refugee Women, noted that many female asylum seekers detained at Yarl’s Wood, in Bedfordshire, have been victims of sexual violence in their home countries.’

Full story

The Guardian, 14th January 2015

Source: www.guardian.co.uk

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Detention: the black hole at the heart of British justice – The Independent

Posted January 8th, 2015 in asylum, bills, detention, immigration, news, time limits by sally

‘It has been described as the “black hole at the heart of British justice”. Thousands of people, most of whom have been convicted of no crime, detained for as long as government officials wish.’

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The Independent, 6th January 2015

Source: www.independent.co.uk

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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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

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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