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

Posted January 14th, 2015 in asylum, detention, EC law, immigration, law reports by tracey

Regina (Mohammed) v Secretary of State for the Home Department; [2014] EWHC 4317 (Admin); [2015] WLR (D) 4

‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

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Female detainees at Yarl’s Wood routinely humiliated, claims report – The Guardian

‘Women detained in the Yarl’s Wood immigration detention centre are routinely humiliated by male staff who monitor them while they are dressing, showering and using the toilet, or are naked in their rooms, a report into the treatment of female asylum seekers reveals. The report, by the charity Women for Refugee Women, noted that many female asylum seekers detained at Yarl’s Wood, in Bedfordshire, have been victims of sexual violence in their home countries.’

Full story

The Guardian, 14th January 2015

Source: www.guardian.co.uk

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Sham marriage stopped after groom uses iPhone translate function to talk to ‘fiancee’ – Daily Telegraph

Posted January 13th, 2015 in fraud, gangs, immigration, marriage, news, sentencing by sally

‘Avtar Singh caught after raising suspicions by accessing translation app to communicate with future Czech wife.’

Full story

Daily Telegraph, 12th January 2015

Source: www.telegraph.co.uk

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Good character citizenship criteria quietly tightened up – Free Movement

Posted January 9th, 2015 in citizenship, immigration, news, refugees by sally

‘The Home Office has quietly tightened up the criteria for granting British citizenship under the good character test. This had passed me by so I thought it useful to flag up – and many thanks to Alex Moran for point it out. A number of undesirable behaviours have been added to the list of disqualifying behaviour, including illegal entry, assisting illegal migration and evasion of immigration control. The changes seem to have been made on 11 December 2014. The previous version of the guidance can be seen here and the new version here.’

Full story

Free Movement, 8th January 2015

Source: www.freemovement.org.uk

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Immigrant children still being detained, figures show – The Independent

Posted January 9th, 2015 in children, detention, immigration, news, statistics by sally

‘More than 600 children, the majority under 12 years old, have been put in detention under immigration rules in the four years since the Government claimed to have ended the controversial practice.’

Full story

The Independent, 8th January 2015

Source: www.independent.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.’

Full story

Home Office, 6th January 2015

Source: www.gov.uk/home-office

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Detention: the black hole at the heart of British justice – The Independent

Posted January 8th, 2015 in asylum, bills, detention, immigration, news, time limits by sally

‘It has been described as the “black hole at the heart of British justice”. Thousands of people, most of whom have been convicted of no crime, detained for as long as government officials wish.’

Full story

The Independent, 6th January 2015

Source: www.independent.co.uk

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Judicial toolkit for dealing with miscreant immigration lawyers – Free Movement

Posted January 7th, 2015 in appeals, barristers, immigration, judicial review, news, solicitors, witnesses by tracey

‘The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing saga of how far out of country appeals are an adequate remedy (relevant but far from determinative in the context of the very different statutory context of section 94B “deport first appeal later” certificates) and the current President’s impatience with the conduct of judicial review proceedings (see also Muwonge). The judgment goes a lot further than that though, and the headnote is very far from a complete guide to the case.’

Full story

Free Movement, 7th January 2015

Source: www.freemovement.org.uk

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Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) – WLR Daily

Posted January 6th, 2015 in appeals, charities, human rights, immigration, law reports, legal aid by sally

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another (British Red Cross Society, intervening) [2014] EWCA Civ 1622; [2014] WLR (D) 547

‘Provisions in the Exceptional Funding Guidance (Non-Inquests), issued by the Lord Chancellor under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, although correctly identifying many of the particular factors which were to be taken into account by the Director of Legal Aid Casework and legal aid caseworkers in deciding whether to make an exceptional case determination for legal aid in a particular case, mis-stated the discretion conferred by section 10(3)(b) of the 2012 Act, and failed to comply with both article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, and article 47 of the Charter of Fundamental Rights of the European Union, by impermissibly sending a clear signal to the director and the caseworkers that the refusal of legal aid would amount to a breach only in rare and exceptional cases.’

WLR Daily, 15th December 2014

Source: www.iclr.co.uk

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Thousands detained under controversial immigration powers – Daily Telegraph

Posted January 6th, 2015 in detention, immigration, news, statistics by sally

‘Newly released Home Office figures show that 3,378 people have been detained under divisive immigration laws – including some held for years.’

Full story

Daily Telegraph, 5th January 2015

Source: www.telegraph.co.uk

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Yarl’s Wood: UN special rapporteur to censure UK government – The Guardian

‘The official report of the UN special rapporteur on violence against women, Rashida Manjoo, will censure the UK government for preventing her from inspecting Yarl’s Wood detention centre in Bedfordshire.’

Full story

The Guardian, 3rd January 2015

Source: www.guardian.co.uk

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Exceptional legal aid funding should not be limited to extreme cases – Court of Appeal – UK Human Rights Blog

Posted December 18th, 2014 in appeals, human rights, immigration, legal aid, news by sally

‘The Court of Appeal has ruled that the Lord Chancellor’s Guidance on exceptional funding in civil legal aid is incompatible with the right of access to justice under Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. The Court has further decided that this Guidance was not compatible with Article 8 of the ECHR in immigration cases; in other words, that legal aid should not be refused when applicants for entry to the UK seek to argue that refusal of entry would interfere with their right to respect for private and family life.’

Full story

UK Human Rights Blog, 17th December 2014

Source: www.ukhumanrightsblog.com

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Jimmy Mubenga: Judge refused to allow jury to hear about guards’ racist texts – The Guardian

Posted December 18th, 2014 in death in custody, evidence, immigration, juries, news, racism, telecommunications by sally

‘An Old Bailey judge refused to allow a jury to hear about dozens of “grossly offensive and undoubtedly racist” text messages on the phones of two of the G4S security guards acquitted of killing Jimmy Mubenga because they did not have “any real relevance” to the trial.’

Full story

The Guardian, 17th December 2014

Source: www.guardian.co.uk

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Unwanted anonymity and gagging orders – Free Movement

Posted December 17th, 2014 in anonymity, asylum, children, immigration, news, privacy, tribunals by sally

‘I’ve now come across two cases in which judges of the First-tier Tribunal Immigration and Asylum Chamber have imposed unwanted anonymity orders on parties without any application or notice. One case is reported here and the other can’t be reported because of, well, the anonymity order. In both cases there was media interest beforehand and the orders acts as a gagging orders, preventing the parties from discussing their case with the media, even though the cases and the identities of the appellants had already been reported. In one of the cases the appellant had a child and that provided the reason or pretext for imposing anonymity. In the other unreported case children are named in the determination but are entirely tangental to the case and could easily have not been named.’

Full story

Free Movement, 17th December 2014

Source: www.freemovement.org.uk

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Legal aid immigration case guidance ‘unlawful’ – BBC News

Posted December 15th, 2014 in appeals, budgets, civil justice, immigration, legal aid, news by tracey

‘Guidance on granting legal aid for exceptional immigration cases is “unlawful”, judges have ruled.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

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Judge resigns after making racist remark about victim – The Guardian

Posted December 8th, 2014 in crime, immigration, judges, news, professional conduct, racism, victims by sally

‘An immigration judge has been forced to resign as a district judge after making a racist remark about a crime victim.’

Full story

The Guardian, 7th December 2014

Source: www.guardian.co.uk

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An immigration lawyer reviews Paddington – Free Movement

Posted December 2nd, 2014 in asylum, crime, immigration, news, refugees by sally

‘Law is pretty abstract. Unlike the role of a doctor or a builder, that of a lawyer is difficult to explain to a young mind. When my children eventually ask me about what I do when I “work” (confusingly simultaneously a place I seem to go to and a thing I do at home; either takes me away from them) my plan is to explain that I help strangers from far off places find new homes. Like Paddington Bear.’

Full story

Free Movement, 1st December 2014

Source: www.freemovement.org.uk

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New powers to tackle sham marriage announced – Home Office

Posted December 1st, 2014 in civil partnerships, fraud, immigration, marriage, press releases, registrars by tracey

‘Home Office will have more time to investigate suspected sham marriages.’

Full press release

Home Office, 25th November 2014

Source: www.gov.uk/home-office

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‘Right to rent’ checks start in West Midlands – BBC News

Posted December 1st, 2014 in fines, immigration, landlord & tenant, news, passports by tracey

‘Landlords in the West Midlands who fail to check whether prospective tenants are in the country legally will face a £3,000 fine, under a new rule expected to be rolled out across the UK.’

Full story

BBC News, 1st December 2014

Source: www.bbc.co.uk

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