Court of Appeal disapproves of Tribunal’s decision in Capparelli – EIN Blog

‘The Court of Appeal has held that a child born to a French national mother who was ordinarily resident in the UK while she was exercising her right of free movement as a worker had not automatically acquired British citizenship at birth under section 1(1)(b) of the British Nationality Act 1981 as the child of someone “settled” in the UK. In so concluding, the Court of Appeal held that the Immigration (European Economic Area) Regulations 2000 were “immigration laws” which subjected the mother to a restriction on her entitlement to remain in the UK and meant that she had not been “settled” for the purposes of section 1(1)(b) at the time of the child’s birth. At first instance Eyre J had dismissed Mr Roehrig’s claim for judicial review of the decision made by the SSHD refusing his application for a British passport. The issue in this appeal, as it was before the single judge, was whether Mr Roehrig automatically acquired British citizenship at birth under section 1(1)(b) of the British Nationality Act 1981. Notably, section 1(1)(b) of the 1981 Act provides that “A person born in the United Kingdom after commencement shall be a British citizen if at the time of the birth his father or mother is …(b) settled in the United Kingdom.” The SSHD refused the application stating: “As you were not able to provide documentary evidence to show your Mother was free from immigration time restrictions at the time of your birth, we are not able to issue a passport to you at this time…”.’

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EIN Blog, 10th April 2024

Source: www.ein.org.uk

Court of appeal decides the secretary of state is wrong, wrong, wrong: the charter applies to people with pre-settled status – Journal of Social Welfare and Family Law

‘Previously in the saga of benefits and pre-settled status (PSS – the status awarded to EU nationals and their family members covered by the Withdrawal Agreement if they have been in the UK less than 5 years), the UK government introduced regulations in 2019 stipulating that PSS awarded under the EU Settlement Scheme was not a sufficient right to reside for EU nationals to pass the habitual residence test when claiming many benefits. These regulations were challenged on the basis that they were discriminatory on the grounds of nationality, and while the Court of Appeal (COA) agreed in Fratila v SSWP [2020] EWCA Civ 1741, the Court of Justice of the European Union (CJEU) found in CG that people with PSS were not protected from nationality discrimination (Case C-709/20 CG v The Department for Communities in Northern Ireland EU:C:2021:602).’

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Journal of Social Welfare and Family Law, 8th March 2024

Source: www.tandfonline.com

Does a child born to an EU national exercising free movement rights automatically acquire British citizenship? – EIN Blog

Posted January 25th, 2023 in brexit, children, citizenship, EC law, families, freedom of movement, immigration, news by sally

‘On 20 January 2023, Eyre J (“the judge”) handed down judgment in R (Roehrig) v Secretary of State for the Home Department [2023] EWHC 31 (Admin). The judge dismissed the claim. The challenge raised questions of statutory interpretation of the British Nationality Act 1981 (“the BNA 1981”) and the interrelationship between that statutory scheme and the status of EU nationals exercising free movement rights before Brexit. The judgment is likely to have significant consequences for a cohort of individuals claiming British citizenship on the basis of being born in the UK to EU nationals exercising free movement rights.’

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EIN Blog, 24th January 2023

Source: www.ein.org.uk

Home Office stops married couple being together for birth of first child – The Guardian

Posted March 22nd, 2022 in birth, freedom of movement, immigration, married persons, news by tracey

‘A married couple have been left “broken” and in “shock” after being barred by the Home Office from being together for the birth of their first baby, due in the next few days.’

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The Guardian, 21st March 2022

Source: www.theguardian.com

Extreme lockdown laws extended for a further six months despite major Tory revolt – The Independent

‘Draconian lockdown laws imposed one year ago have been extended for a further six months, despite a major Tory revolt.
The Coronavirus Act – granting powers over everything from school closures and public gatherings to the detention of infected people – was renewed by MPs, by 484 votes to 76.’

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The Independent, 25th March 2021

Source: www.independent.co.uk

Christian group fined £10k for Bulwell car park meet Published15 hours ago – BBC News

Posted February 22nd, 2021 in Christianity, coronavirus, fines, freedom of movement, news by tracey

‘Police have handed a £10,000 fine to the organiser of a church meet-up in a pub car park.’

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BBC News, 21st February 2021

Source: www.bbc.co.uk

Ronan Cormacain: Queen’s Consent and the Crown’s exemption from lockdown rules – are we all in this together? – UK Constitutional Law Association

‘There have been recent revelations about the use of the Queen’s consent procedure in relation to Government Bills. At the heart of the issue is the role of the Queen and the Prince of Wales, in vetting Acts of Parliament before they are made. With that background, this paper examines the applicability of some of the coronavirus lockdown rules to Crown land. My conclusion is that the Crown has special and unjustified privileges in the both the content of legislation and the procedure for making it.’

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UK Constitutional Law Association, 15th February 2021

Source: ukconstitutionallaw.org

Covid travel rule-breakers could face 10-year jail terms, says Hancock – The Guardian

‘Travellers arriving from coronavirus hotspots could face £10,000 fines and jail sentences of up to 10 years under a package of measures designed to stop new variants entering Britain.’

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The Guardian, 9th February 2021

Source: www.theguardian.com

Tenant of social landlord given six days in prison over breach of civil injunction by breaking Covid rules on illegal gatherings – Local Government Lawyer

‘Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.’

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Local Government Lawyer, 3rd February 2021

Source: www.localgovernmentlawyer.co.uk

Shed parties and illegal races: UK police crack down on Covid-19 rulebreakers – The Guardian

Posted January 20th, 2021 in coronavirus, enforcement, fines, freedom of movement, news, police by sally

‘Police have issued fines to coronavirus rule breakers including those who held a party in a garden shed and a group of more than 40 people who gathered for illegal car racing.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

Covid: Couple fined for seven-mile trip to care home – BBC News

Posted January 13th, 2021 in care homes, coronavirus, enforcement, families, fines, freedom of movement, news, police by sally

‘A couple have been fined £60 for driving 20 minutes to see a relative in a care home.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk

Covid fine review welcomed by ‘intimidated’ women – BBC News

Posted January 11th, 2021 in coronavirus, enforcement, fines, freedom of movement, interpretation, news, police by sally

‘Two women who criticised a police force for its “intimidating” approach to lockdown fines have welcomed a review.’

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BBC News, 10th January 2021

Source: www.bbc.co.uk

Coronavirus: Twelve fined for playing dominoes in Tier 4 breach – BBC News

Posted January 4th, 2021 in coronavirus, fines, freedom of movement, news by sally

‘Twelve people have been fined after they were caught playing dominoes in a restaurant in east London.’

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BBC News, 3rd January 2021

Source: www.bbc.co.uk

Ofcom investigating row over Emily Maitlis’ Newsnight monologue about Dominic Cummings – The Independent

‘The UK’s broadcasting watchdog is investigating the row over BBC host Emily Maitlis’ monologue about Dominic Cummings’ infamous trip to Barnard Castle.’

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The Independent, 15th December 2020

Source: www.independent.co.uk

Dolan’s latest lockdown defeat – UK Human Rights Blog

‘The appellants challenged Lockdown regulations made in response to the Covid-19 pandemic on 26 March 2020. Their argument was that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds. First, the Government had no power under the legislation they used to make the regulations, namely the Public Health (Control of Disease) Act 1984, as amended by the Health and Social Care Act 2008 (“the 1984 Act”). Secondly, they were unlawful under ordinary public law principles (failing to take account of relevant considerations, fettering of discretion); and thirdly they violated a number of the Convention rights which are guaranteed in domestic law under the Human Rights Act 1998 (“HRA”). Although the regulations were amended on several occasions and have since been repealed, the appellants contended that it remained important that the legal issues which arose should be authoritatively determined in the public interest.’

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UK Human Rights Blog, 3rd December 2020

Source: ukhumanrightsblog.com

Police can resume issuing instant £10,000 Covid fines – The Guardian

‘Police forces can resume handing out £10,000 fines for breaches of coronavirus regulations, the National Police Chiefs’ Council (NPCC) has said following discussions with the government.’

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The Guardian, 17th November 2020

Source: www.theguardian.com

Immigration Act receives Royal Assent: free movement to end on 31 December 2020 – Home Office

Posted November 12th, 2020 in brexit, EC law, freedom of movement, immigration, legislation, press releases by tracey

‘The Immigration Act has today (Wednesday 11 November 2020) received Royal Assent and been signed into law. This means free movement will end around seven weeks from now, at 11pm on 31 December 2020.’

Full press release

Home Office, 11th November 2020

Source: www.gov.uk/home-office

Second Coronavirus Lockdown – The Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 – 33 Bedford Row

Posted November 10th, 2020 in coronavirus, freedom of movement, news, regulations by sally

‘Further to Prime Minister Boris Johnson’s televised statement to the nation on Halloween and his statement to Parliament on 2nd November, The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 were laid before Parliament on 3rd November (pursuant to s.45C(1) of the Public Health (Control of Disease) Act 1984).’

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33 Bedford Row, 5th November 2020

Source: www.33bedfordrow.co.uk

Covid-19: Assisted dying travel allowed during lockdown, says Hancock – BBC News

‘People travelling abroad for the purpose of assisted dying will not be breaking coronavirus travel rules, the health secretary has said.’

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BBC News, 5th November 2020

Source: www.bbc.co.uk

High court rejects legal challenge over Dominic Cummings breach – The Guardian

‘The high court has rejected a legal bid to challenge a decision not to investigate Dominic Cummings’s journey from London to Durham at the height of the first coronavirus lockdown. Max Hill, the director of public prosecutions, said any decision to investigate Cummings must be made by the police. He did not have the power to interfere.’

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The Guardian, 3rd November 2020

Source: www.theguardian.com