Romanian murderer could receive £500,000 payout for being unlawfully detained at an immigration centre – Daily Telegraph

Posted August 11th, 2016 in damages, deportation, detention, EC law, murder, news by tracey

‘ Romanian murderer could be paid up to £500,000 damages from the government after a court ruled his detention at an immigration centre was unlawful.’

Full story

Daily Telegraph, 11th August 2016

Source: www.telegraph.co.uk

Comments Off on Romanian murderer could receive £500,000 payout for being unlawfully detained at an immigration centre – Daily Telegraph

The Human Rights Act helps us hold power to account. We must defend it – The Guardian

‘Protestors like John Catt are being monitored by the state without explanation – except that they ‘could be a victim’ of a future crime. What’s going on?’

Full story

The Guardian, 26th July 2016

Source: www.guardian.co.uk

Comments Off on The Human Rights Act helps us hold power to account. We must defend it – The Guardian

Prosecutions for telling the truth – Free Movement

Posted July 26th, 2016 in appeals, deportation, immigration, news by sally

‘In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin) held that the Home Office may not lawfully require the Claimant, under section 35 of the 2004 Act, to tell Zimbabwean officials that he agrees to return voluntarily.’

Full story

Free Movement, 26th July 2016

Source: www.freemovement.org.uk

Comments Off on Prosecutions for telling the truth – Free Movement

The Human Right Not To Hide. Celebrating The Anniversary Of A Landmark LGBTQ Case – RightsInfo

‘Six years ago tomorrow [7 July], the UK Supreme Court said that gay people should not have to hide their sexuality in order to avoid persecution in their home country.’

Full story

RightsInfo, 6th July 2016

Source: www.rightsinfo.org

Comments Off on The Human Right Not To Hide. Celebrating The Anniversary Of A Landmark LGBTQ Case – RightsInfo

NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department – WLR Daily

NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department [2016] EWCA Civ 662

‘The claimant foreign nationals, NA, KJ, WM and MY, who had resided for significant periods of time in the United Kingdom, were convicted of offences to which they were sentenced to periods of imprisonment of 12 months or more. As a result, they fell within the definition of foreign criminals in section 32 of the UK Border Act 2007, in respect of whom the Secretary of State was liable to make a deportation order, subject to the exceptions in section 33, which included where deportation would breach the offender’s rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The claimants in each case made representations against their deportation in reliance on their rights to a private and family life under article 8 of the Convention. Paragraph 398 of the Immigration Rules, as they applied between July 2012 and 27 July 2014 (“the 2012 Rules”), provided that when assessing a claim that deportation would be contrary to an offender’s rights under article 8 of the Convention, the Secretary of State was required to consider whether the circumstances in paragraph 399 and 399A of the 2012 Rules existed, and that if they did not, it was only in exceptional circumstances that the public interest in deportation would be outweighed by other factors. The circumstances: (1) in paragraph 399 were that the claimant had a genuine and subsisting parental relationship with a child dependent on the claimant or a partner and it was not reasonable to expect the child to leave the United Kingdom or there were insurmountable obstacles to family life with the partner continuing outside the United Kingdom; and (2) in paragraph 399A were the long residence of the claimant in the United Kingdom and lack of family, social or cultural ties with the country to which he was to be removed. Pararaphs 399 and 399A applied to offenders sentenced to imprisonment for at least 12 months but less than four years (“medium offenders”) but not to those sentenced to periods of four years or more (“serious offenders”). ‘

WLR Daily, 16th June 2016

Source: www.iclr.co.uk

Comments Off on NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department – WLR Daily

We Need To Talk About…Abu Qatada – RightsInfo

‘In the first of an occasional series, we discuss a controversial human rights case and argue that there is another side to the way the case was reported.’

Full story

RightsInfo, 7th July 2016

Source: www.rightsinfo.org

Comments Off on We Need To Talk About…Abu Qatada – RightsInfo

Convicted Somalian rapist had deportation order overturned before attacking two more women as he “did not understand what is acceptable in UK” – Daily Telegraph

‘A convicted Somalian rapist who overturned a deportation order went on to rape two more women in Birmingham, with his lawyer arguing “he had a lack of understanding of what is acceptable in the UK”.’

Full story

Daily Telegraph, 3rd July 2016

Source: www.telegraph.co.uk

Comments Off on Convicted Somalian rapist had deportation order overturned before attacking two more women as he “did not understand what is acceptable in UK” – Daily Telegraph

Zika-fear pregnant woman faces deportation to Brazil – BBC News

Posted June 16th, 2016 in deportation, health, news, pregnancy, visas by tracey

‘A pregnant Brazilian woman advised not to return to the country amid Zika virus fears has been told she faces deportation from the UK “within days”.’

Full story

BBC News, 16th June 2016

Source: www.bbc.co.uk

Comments Off on Zika-fear pregnant woman faces deportation to Brazil – BBC News

Families separated for immigration purposes – UK Human Rights Blog

‘Last year 32,446 people subject to immigration control in the UK were detained by the government. Some had entered the country irregularly and were quickly removed. Others were detained pending removal or deportation. More than half of them were released back into the community, meaning that their detention had served no purpose.’

Full story

UK Human Rights Blog, 13th June 2016

Source: www.ukhumanrightsblog.com

Comments Off on Families separated for immigration purposes – UK Human Rights Blog

EU Court rules no jail for illegal migrants – BBC News

Posted June 8th, 2016 in deportation, detention, EC law, immigration, news, time limits by sally

‘Non-EU migrants illegally entering an EU state in the Schengen zone should not face detention on those grounds, says the European Court of Justice.’

Full story

BBC News, 7th June 2016

Source: www.bbc.co.uk

Comments Off on EU Court rules no jail for illegal migrants – BBC News

Home Office unlawfully imposes curfew on migrant – Free Movement

Posted June 6th, 2016 in appeals, bail, deportation, immigration, news, tribunals by sally

‘Gedi, R (On the Application Of) v Secretary of State for Home Department [2016] EWCA Civ 409 (17 May 2016) is a case where the Home Office took it into their own hands to impose curfew restrictions over and above bail conditions those imposed by the First Tier Tribunal, as well as those they are entitled to impose as afforded to the Home Office by statute. The Court of Appeal were clear they had no such power to do so.’

Full story

Free Movement, 6th June 2016

Source: www.freemovement.org.uk

Comments Off on Home Office unlawfully imposes curfew on migrant – Free Movement

Victory for Theresa May after drug dealer convicted of attempted murder loses human rights bid to avoid deportation – Daily Telegraph

‘A foreign drug dealer convicted of attempted murder is not entitled to avoid deportation under human rights laws because he has British children, the Court of Appeal has ruled.’

Full story

Daily Telegraph, 25th May 2016

Source: www.telegraph.co.uk

Comments Off on Victory for Theresa May after drug dealer convicted of attempted murder loses human rights bid to avoid deportation – Daily Telegraph

What happens when you’re deported to Britain? – BBC News

‘A widowed mother-of-five who has lived in Australia for most of her life is facing deportation to the UK. What awaits her when she gets off the plane, asks Claire Bates.’

Full story

BBC News, 24th May 2016

Source: www.bbc.co.uk

Comments Off on What happens when you’re deported to Britain? – BBC News

Romanian sex workers challenge UK immigration policy – The Guardian

Posted May 3rd, 2016 in deportation, immigration, news, prostitution, self-employment by tracey

‘A policy aimed at deporting “high-harm” EU-national criminals and those not entitled to remain in Britain is to be challenged by Romanian sex workers who maintain they are self-employed.’

Full story

The Guardian, 1st May 2016

Source: www.guardian.co.uk

Comments Off on Romanian sex workers challenge UK immigration policy – The Guardian

Transgender woman facing military service as a man can stay in UK – The Guardian

Posted April 28th, 2016 in armed forces, asylum, deportation, immigration, news, transsexuals by tracey

‘A transgender woman has been granted sanctuary in the UK to protect her from doing compulsory military service as a man in Singapore. In the first case of its kind, two judges ruled that she should not be forcibly returned to her home country, where she would be forced to do two weeks of military service a year for the next eight years.’

Full story

The Guardian, 27th April 2016

Source: www.guardian.co.uk

Comments Off on Transgender woman facing military service as a man can stay in UK – The Guardian

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

Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)

‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’

WLR Daily, 12th April 2016

Source: www.iclr.co.uk

Comments Off on Regina (Sino) v Secretary of State for the Home Department – WLR Daily

What has the European Court of Human Rights done for us? – The Independent

‘Campaigners and politicians have criticised Home Secretary Theresa May’s assertion that Britain should leave the European Court of Human Rights (ECHR).’

Full story

The Independent, 25th April 2016

Source: www.independent.co.uk

Comments Off on What has the European Court of Human Rights done for us? – The Independent

Asylum and immigration court fees set to rise by over 500% – The Guardian

‘Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.’

Full story

The Guardian, 21st April 2016

Source: www.guardian.co.uk

Comments Off on Asylum and immigration court fees set to rise by over 500% – The Guardian

Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination – Free Movement

‘President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office evidence suffered from “multiple frailties and shortcomings” and that the two witnesses produced by the Home Office were unimpressive. In short, the Home Office failed by a significant margin to prove the alleged fraud.’

Full story

Free Movement, 25th April 2016

Source: www.freemovement.org.uk

Comments Off on Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination – Free Movement

Home Office ‘shamefully’ used new refugee law to deport 700 secretly – The Guardian

Posted April 25th, 2016 in asylum, children, deportation, families, immigration, news, statistics by sally

‘The Home Office has been accused of “shameful” behaviour for using the agreement that allows vulnerable children to seek asylum in the United Kingdom to secretly deport more than 700 people.’

Full story

The Guardian, 23rd April 2016

Source: www.guardian.co.uk

Comments Off on Home Office ‘shamefully’ used new refugee law to deport 700 secretly – The Guardian