Babbage: Court orders release of Zimbabwean foreign criminal, criticises Government lawyers – Free Movement

Posted February 3rd, 2016 in deportation, detention, disclosure, drug offences, news, passports, solicitors, Zimbabwe by sally

‘In the case of R (on the application of Babbage) v Secretary of State for the Home Department [2016] EWHC 148 (Admin) Mr Justice Garnham ordered the release of a detained Zimbabwean foreign criminal. In the process, he was corruscating critical of the conduct of Government lawyers acting for the Secretary of State for the Home Department.’

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Free Movement, 3rd February 2016

Source: www.freemovement.org.uk

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Court of Appeal considers EU deportation, public revulsion and “imperative grounds” – Free Movement

‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’

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Free Movement, 6th January 2016

Source: www.freemovement.org.uk

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DM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted December 15th, 2015 in appeals, crime, deportation, human rights, immigration, law reports by sally

DM (Zimbabwe) v Secretary of State for the Home Department [2015] EWCA Civ 1288; [2015] WLR (D) 516

‘Where the Home Secretary was intending to deport a man unlawfully present in the United Kingdom who had been convicted of offences it remained the case that, despite strong pointers towards deportation, the Home Secretary might not make a deportation order if that would breach his rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 11th December 2015

Source: www.iclr.co.uk

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Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department – WLR Daily

Posted December 14th, 2015 in appeals, deportation, EC law, immigration, law reports, public interest by sally

Straszewski v Secretary of State for the Home Department; Kersys v Secretary of State for the Home Department [2015] EWCA Civ 1245; [2015] WLR (D) 512

‘When determining whether the removal of an EEA national who had acquired a permanent right of residence in the United Kingdom was justified on serious grounds of public policy or public security, wider factors, such as the public interest in deterrence and the need to demonstrate public revulsion at the offender’s conduct, could not properly be taken into account.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

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When might deportation orders be revoked before 10 years is up? – Free Movement

‘The facts of Secretary of State for the Home Department v ZP (India) [2015] EWCA Civ 1197 involved some of the worst breaches of immigration law ever seen in a reported decision: overstaying a visit visa in 2002 then organising and taking part in sham marriages, fleeing abroad in 2003 when detected and being convicted in her absence and then re-entering the UK in a false identity in 2005, obtaining settlement in this false identity in 2007 and then on detection being convicted again for breaches of immigration law and, after serving her sentence, being deported in 2009.’

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Free Movement, 14th December 2015

Source: www.freemovement.org.uk

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Home Office ‘used wrong law’ in bid to send high-risk Jamaican criminal home – Daily Telegraph

Posted December 14th, 2015 in deportation, drug offences, government departments, human rights, immigration, news by sally

‘Michael Evans Clarke will be allowed to stay in Britain indefinitely under human rights laws following the Home Office gaffe.’

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Daily Telegraph, 12th December 2015

Source: www.telegraph.co.uk

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Foreign prisoners ‘will be let out early’ under agreement they leave UK – Daily Telegraph

Posted December 9th, 2015 in community service, deportation, early release, immigration, news, prisons by sally

‘The new plans have surfaced among fears that tension is mounting in overcrowded prisons.’

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Daily Telegraph, 9th December 2015

Source: www.telegraph.co.uk

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Family of hate preacher linked to ‘Jihadi John’ win right to UK citizenship – Daily Telegraph

‘Hani al-Sibai has been on a terror sanctions list since 2005 and resisted deportation to his native Egypt for almost 20 years – but the High Court has ruled his family should be given UK citizenship.’

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Daily Telegraph, 5th December 2015

Source: www.telegraph.co.uk

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Lord Woolf warns of ‘dangers’ and ‘expense’ of scrapping Human Rights Act – Daily Telegraph

Posted November 11th, 2015 in deportation, EC law, human rights, international law, judges, news, treaties by sally

‘Abolishing current human rights laws will create uncertainty and give clever lawyers a field day, says former Lord Chief Justice.’

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Daily Telegraph, 10th November 2015

Source: www.telegraph.co.uk

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Man, 84, awaiting deportation died in handcuffs ‘due to Home Office rules’ – The Guardian

Posted October 28th, 2015 in death in custody, deportation, detention, elderly, immigration, inquests, news by sally

‘An 84-year-old man being held at a detention centre died of a heart attack after being shackled for five hours while suffering chest pains, an inquest has heard.’

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The Guardian, 27th October 2015

Source: www.guardian.co.uk

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European court of human rights rules secret hearings legal – The Guardian

Posted October 21st, 2015 in closed material, deportation, detention, human rights, inquiries, news, warrants by sally

‘Secret hearings to determine whether suspects should be held without charge during anti-terror investigations are legal, the European court of human rights has ruled.’

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The Guardian, 20th October 2015

Source: www.guardian.co.uk

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Wife and child killer Tariq Khan jailed for 25 years – BBC News

‘A 27-year-old man who stabbed his pregnant wife to death has been jailed for a minimum of 25 years.’

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BBC News, 13th October 2015

Source: www.bbc.co.uk

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UK appeal court backs ‘deport first, appeal later’ policy for foreign prisoners – The Guardian

‘The Home Office won a key legal challenge on Tuesday over the “deport first, appeal later” policy, which removes the right of foreign prisoners to appeal against deportation from within the UK.’

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The Guardian, 13th October 2015

Source: www.guardian.co.uk

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Woman who fled sexual abuse deported to Jamaica ‘because Home Office fax machine broken’ – The Independent

‘A woman who fled sexual abuse in Jamaica was deported back to the country because the Home Office’s fax machine was broken, lawyers have claimed.’

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The Independent, 4th October 2015

Source: www.independent.co.uk

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UN torture investigator says UK plan to scrap Human Rights Act is ‘dangerous’ – The Guardian

‘The UN special rapporteur on torture has accused David Cameron of a “cold-hearted ” approach to the migration crisis, warning that plans to scrap the Human Rights Act risk subverting international obligations designed to protect people fleeing persecution.’

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The Guardian, 3rd October 2015

Source: www.guardian.co.uk

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Deport first, appeal later–the effects explained – Halsbury’s Law Exchange

‘Deport first, appeal later is part of the current strategy to cut net migration. As set out in the Immigration Bill 2015-16, the rule has been extended to all immigration appeals and judicial reviews, including where a so-called family life is involved, apart from asylum claims.’

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Halsbury’s Law Exchange, 30th September 2015

Source: www.halsburyslawexchange.co.uk

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Report: “Serious irreversible harm” test case heard in Court of Appeal

Posted September 28th, 2015 in appeals, asylum, bills, consultations, deportation, human rights, immigration, news, public interest by sally

‘This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came into force on 28th July 2014, provides the Home Office the power to certify human rights claims made by people liable to deportation, so they are not entitled to an appeal within the UK. Instead they are expected to bring their appeal from the country in which the Home Office propose deportation. This logic has been catchily titled “deport first, appeal later” and the Conservatives pledged in their manifesto to roll it out for all immigration appeals. Indeed, the Immigration Bill 2015, published last week on 17th September, does just that.’

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Free Movement, 25th September 2015

Source: www.freemovement.org.uk

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July 2015 immigration update podcast – Free Movement

‘Welcome to the July 2015 edition of the Free Movement immigration update podcast. In this episode I start by talk about Sir Nicholas Winton then move on to discuss the huge delays in appeal hearing listings and some other tribunal news, cover some immigration rule issues including a brief overview of Statement of Changes HC 297 and then move onto a number of cases, including a review of Article 8 case law and some of the more interesting recent offerings from the tribunal. The material is drawn mainly from the July blog posts on Free Movement.’

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Free Movement, 7th September 2015

Source: www.freemovement.org.uk

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Sir Brian Leveson admonishes immigration solicitors – Free Movements

‘The latest in the increasingly long line of cases in which the judiciary has administered public dressings down for immigration lawyers is R (On the Application Of Akram & Anor) v Secretary of State for the Home Department [2015] EWHC 1359 (Admin). The cases are often referred to as Hamid cases, after the first such case, Hamid [2012] EWCA 3070 (Admin).’
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Free Movement, 2nd September 2015

Source: www.freemovement.org.uk

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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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