Does the Human Rights Act prevent us deporting serious criminals? – Free Movement

Posted May 26th, 2015 in deportation, human rights, immigration, news, reports, statistics, treaties by sally

‘It is very widely believed that the Human Rights Act stops the UK from deporting foreign criminals whence they came. To a limited extent, there is some truth in this. Some appeals against deportation decisions do succeed on human rights grounds. Not many, though, and none succeed because of the Human Rights Act as distinct from the European Convention on Human Rights. Other appeals against deportation succeed under EU law or the Refugee Convention.’

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Free Movement, 26th May 2015

Source: www.freemovement.org.uk

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Prisons built to expel – OUP Blog

Posted May 26th, 2015 in citizenship, deportation, immigration, news, prisons by sally

‘Every few months, a new report announces the breakdown of the British immigration system. In January, the Committee of Public Accounts issued a searing review of the Home Office’s migration policy. Three months earlier, the National Audit Office released a near-identical critique. Each publication invokes a now-familiar folk devil – the ‘foreign criminal’ – ­­and demands better coordination between immigration enforcers and prison managers. Four times a year, we are told that governments that do not deport ‘foreign offenders’ are fundamentally unfit.’

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OUP Blog, 26th May 2015

Source: http://blog.oup.com

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B v Secretary of State for the Home Department; Regina (B) v Special Immigration Appeals Commission – WLR Daily

Posted May 21st, 2015 in appeals, bail, deportation, detention, immigration, law reports by sally

B v Secretary of State for the Home Department; Regina (B) v Special Immigration Appeals Commission [2015] EWCA Civ 445; [2015] WLR (D) 210

‘Where a person’s detention by the Home Secretary, purportedly made pursuant to paragraph 2(2) of Schedule 3 to the Immigration Act 1971 as amended, pending deportation was unlawful, or where a person not currently in detention could not lawfully be detained under that provision, bail could not be granted pursuant to paragraphs 22 and 29 of Schedule 2 to the 1971 Act, as amended.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

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Foreign criminal can stay in Britain because he is an alcoholic – Daily Telegraph

Posted April 28th, 2015 in alcoholism, deportation, human rights, immigration, news, recidivists, tribunals by sally

‘A persistent offender from Libya cannot be deported because he would face severe punishment for drinking in his homeland, immigration court rules.’

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Daily Telegraph, 27th April 2015

Source: www.telegraph.co.uk

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Judge blocks deportation flight for rejected Afghan asylum-seekers – The Guardian

Posted April 23rd, 2015 in appeals, asylum, children, deportation, news by sally

‘A charter flight which was due to depart on Tuesday night with dozens of Afghan asylum-seekers facing removal from Britain has been cancelled on the orders of an appeal court judge.’

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The Guardian, 22nd April 2015

Source: www.guardian.co.uk

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Home Office ordered to bring back migrant mother and five-year-old son deported to Nigeria – The Independent

‘The Home Office has been ordered to arrange for a deported migrant family to be returned to Britain from Nigeria – in a landmark ruling that threatens to undermine the Government’s “deport first, appeal later” policy.

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The Independent, 22nd April 2015

Source: www.independent.co.uk

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Leighann Duffy murder: Lloyd Byfield jailed for life – BBC News

Posted April 13th, 2015 in assault, burglary, deportation, murder, news, sentencing by sally

‘A drug dealer who murdered a woman in front of a six-year-old girl has been jailed for life.’

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BBC News, 10th April 2015

Source: www.bbc.co.uk

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What is a “reasonable period” for immigration detention? – Free Movement

Posted April 10th, 2015 in deportation, detention, immigration, news by tracey

‘In a short but powerful judgment the Court of Appeal has clarified the approach to continued detention on the basis that removal can be effected within a reasonable time. The decision is also important for the analysis of case law concerning detention where the prospects of effecting return depend upon changing circumstances in the proposed destination country.’

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Free Movement, 10th April 2015

Source: www.freemovement.org.uk

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Nigerian gay rights activist has her High Court asylum bid rejected – because judge doesn’t believe she is lesbian – The Independent

‘A Nigerian gays right activist who fears imprisonment and death because of her sexuality has had her case for asylum rejected by the High Court – after a judge ruled that she was pretending to be lesbian.

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The Independent, 3rd April 2015

Source: www.independent.co.uk

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Illegal immigrant sex offender wins compensation – Daily Telegraph

‘Naseer Chawki, who was jailed for “revolting” sex crimes on a train, is in line for thousands of pounds after a judge ruled he had been unlawfully detained after completing a jail sentence.’

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Daily Telegraph, 31st March 2015

Source: www.telegraph.co.uk

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PF (Nigeria) v Secretary of State for the Home Department – WLR Daily

PF (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 251; [2015] WLR (D) 149

‘Where a decision of the First-tier or Upper Tribunal was not unanimous and the votes of the tribunal members were equally divided, the power conferred on the presiding member of the tribunal to provide the casting vote was not to be exercised irrespective of the nature and extent of the disagreement between the tribunal members. Disagreement as to the applicable law might in general justify the exercise of the casting vote, but not disagreement on fundamental primary factual issues.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

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Canadian domestic abuse victim Sandra Sidey can stay in UK – BBC News

Posted March 24th, 2015 in appeals, deportation, domestic violence, immigration, news, tribunals, victims by sally

‘A Canadian woman who was told she could not stay in Britain after ending her relationship with a violent partner has won indefinite leave to remain.’

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BBC News, 23rd March 2015

Source: www.bbc.co.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.’

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Free Movement, 11th March 2015

Source: www.freemovement.org.uk

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Theresa May wins rapist deportation appeal – BBC News

Posted February 5th, 2015 in appeals, deportation, immigration, news, public interest, rape, tribunals by sally

‘A ruling that prevented the deportation of a Somali man who raped a pregnant woman has been successfully challenged by the home secretary.’

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BBC News, 5th February 2015

Source: www.bbc.co.uk

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Foreign nationals who pose a threat to national security may not be deported to Algeria because of human rights – Court of Appeal – UK Human Rights Blog

Posted February 3rd, 2015 in appeals, deportation, human rights, news by tracey

‘BB, PP, U and others v Secretary of State for the Home Department [2015] EWCA Civ 9 (23 January 2015). This was an appeal by Algerian nationals who had been found by the Special Immigration and Appeals Commission (SIAC) to constitute a threat to UK national security, against deportation to Algeria.’

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UK Human Rights Blog, 2nd February 2015

Source: www.ukhumanrightsblog.com

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Human Rights Act has helped 28 terrorists to stay in UK – Daily Telegraph

Posted February 2nd, 2015 in deportation, human rights, legal aid, news, terrorism by sally

‘A respected think tank has compiled a dossier showing more than 20 convicted terrorists and suspects from abroad have used human rights laws to remain in the UK, including al-Qaeda fundraiser Baghdad Meziane.’

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Daily Telegraph, 31st January 2015

Source: www.telegraph.co.uk

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

Posted January 20th, 2015 in deportation, immigration, law reports, regulations, ultra vires by sally

Regina (Byczek and another) v Secretary of State for the Home Department [2014] EWHC 4298 (Admin); [2015] WLR (D) 7

‘Regulation 24A of the Immigration (European Economic Area) Regulations 2006 was within the ambit of the rule making power in section 2(2)(b) of the European Community Act 1972.’

WLR Daily, 19th December 2015

Source: www.iclr.co.uk

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Terror suspects and criminals to be stripped of human rights – Daily Telegraph

Posted January 20th, 2015 in bills, deportation, human rights, news, terrorism by sally

‘The draft bill, to replace the Human Rights Act, would allow British judges to ignore the European Court of Human Rights’

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Daily Telegraph, 20th January 2015

Source: www.telegraph.co.uk

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‘Deport first, appeal later’ measures start to bite – Home Office

Posted January 8th, 2015 in appeals, deportation, immigration, news by sally

‘Nearly 800 foreign criminals are being kicked out of the country as tough new ‘deport first, appeal later’ measures start to have an impact.’

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Home Office, 6th January 2015

Source: www.gov.uk/home-office

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Jimmy Mubenga’s widow shocked as security guards cleared of manslaughter – The Guardian

‘The widow of Jimmy Mubenga, the Angolan man who died after being physically restrained on a deportation flight, said she was “shocked and disappointed” by the acquittal of three private security guards who were charged with his killing.’

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The Guardian, 16th December 2014

Source: www.guardian.co.uk

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