Law and the ‘illegals’: reforming UK immigration detention – Halsbury’s Law Exchange

Posted August 28th, 2015 in asylum, deportation, detention, immigration, news, time limits by sally

‘The UK has the largest immigration detention estate in Europe, with approximately 30,000 individuals being detained under immigration powers over the course of the last year. The vast majority of detainees are held in Immigration Removal Centres (IRCs), however detainees can be held in a number of different locations including prisons, and even less satisfactorily, police cells. The UK is the only EU country to also not impose an upper time limit on the use of immigration detention. This article considers a number of policy areas relating to immigration detention which have come under heavy scrutiny and may identify potential opportunities for reform.’

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Halsbury’s Law Exchange, 27th August 2015

Source: www.halsburyslawexchange.co.uk

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Asylum seekers fight deportation to Afghanistan – The Guardian

Posted August 25th, 2015 in appeals, asylum, deportation, news by sally

‘Lawyers have launched a series of last-minute challenges to the proposed deportation of failed asylum seekers on a charter flight to Afghanistan.’

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The Guardian, 24th August 2015

Source: www.guardian.co.uk

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Judge overrules Theresa May and allows convicted terror prisoner to be freed – The Independent

Posted July 28th, 2015 in appeals, bail, deportation, immigration, news, terrorism by sally

‘A man believed by police to pose a threat to the UK is to be released from prison after Theresa May lost a court case to keep him in jail until he can be deported.’

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The Independent, 25th July 2015

Source: www.independent.co.uk

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HRA Watch: Reform, Repeal, Replace? Sarah Lambrecht: Criticism of the European Court of Human Rights: A UK Phenomenon? – UK Constitutional Law Association

Posted July 27th, 2015 in deportation, human rights, news, repeals by sally

‘The tumultuous relationship between the UK Government and the European Court of Human Rights (ECtHR) is unlikely to normalise with the Conservative Party having obtained, against all polling predictions, an absolute majority at the May 2015 UK general election. In its October 2014 policy document, the Conservatives criticise the European Court of Human Rights for developing “mission creep” and proclaim a plan for change “to restore common sense and put Britain first”. The all-encompassing solution proposed is to repeal the UK Human Rights Act and introduce a new British Bill of Rights and Responsibilities. Even though I have uttered doubts as to whether such a Bill could live up to all of its drafters’ expectations, the wide-spread political support for a proposal expressly aimed at reducing the Strasbourg Court’s influence is exceptional. In an attempt to feed the rich debate and analyses on the UKCLA blog, this post places the UK debate in a wider perspective.’

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UK Constitutional Law Association, 27th July 2015

Source: www.ukconstitutionallaw.org

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New immigration rules will cost the NHS millions, warns nursing union – The Guardian

Posted June 22nd, 2015 in deportation, hospitals, immigration, news, nurses, remuneration, statistics by tracey

‘New immigration rules that will mean lower-earning non-EU workers being deported will exacerbate the shortage of nurses in the UK and cost the NHS tens of millions in recruitment, the government has been warned by nursing leaders.’

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The Guardian, 22nd June 2015

Source: www.guardian.co.uk

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Why one failed asylum seeker trended – while many others do not – BBC News

Posted June 15th, 2015 in asylum, deportation, detention, immigration, internet, news by sally

‘The term “failed asylum seeker” doesn’t usually elicit huge sympathy in the UK – so why did thousands rally behind one man deported this week?’

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BBC News, 13th June 2015

Source: www.bbc.co.uk

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Fast-track asylum system ‘unlawful’, High Court rules – BBC News

Posted June 15th, 2015 in appeals, asylum, deportation, detention, immigration, news, ultra vires by sally

‘The future of a key part of the government’s system to remove failed asylum seekers is in doubt after the High Court ruled it was unlawful.’

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BBC News, 12th June 2015

Source: www.bbc.co.uk

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UK Immigration: illegal working and EU reform – Halsbury’s Law Exchange

Posted June 4th, 2015 in appeals, banking, bills, deportation, employment, immigration, landlord & tenant, news by sally

‘The Queen’s speech, which announces the Government’s agenda for the next five years, would not be the same without some proposals on immigration reform. We were not let down and the plan of attack will be a new Immigration Bill which will focus on illegal workers, overstayers and rogue employers.’

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Halsbury’s Law Exchange, 3rd June 2015

Source: www.halsburyslawexchange.co.uk

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Foreign criminal convicted of child cruelty wins ‘family life’ case – Daily Telegraph

Posted June 1st, 2015 in child cruelty, deportation, drunk in charge, families, human rights, news by michael

‘Former professional footballer caught drink-driving with his four-year-old daughter in the car, and convicted of child cruelty, overturns deportation because of his relationship with his child.’

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Daily Telegraph, 31st May 2015

Source: www.telegraph.co.uk

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Bisexual asylum seeker in Home Office battle has deportation flight cancelled – The Guardian

Posted June 1st, 2015 in asylum, deportation, homosexuality, human rights, news by michael

‘Immigration authorities have cancelled the deportation flight of a Jamaican asylum seeker who faced removal from the UK after the Home Office refused to accept he was bisexual.’

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The Guardian, 29th May 2015

Souce: www.guardian.co.uk

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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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