EU report finds no evidence to support sweeping immigration reforms – The Guardian

Posted July 23rd, 2014 in EC law, immigration, news, reports by michael

‘A government review looking into freedom of movement across the EU has not recommended any sweeping reforms to immigration rules in a report likely to disappoint Conservative Eurosceptics.’

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The Guardian, 22nd July 2014

Source: www.guardian.co.uk

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Minimum income rules for immigrants do not breach human rights – Appeal Court – UK Human Rights Blog

‘Provisions in the Immigration Rules which impose income requirements on individuals living in the United Kingdom, who wish to bring their non-European Economic Area citizen spouses to live with them, are not a disproportionate interference with their right to family life under Article 8 of the European Convention on Human Rights. The Court of Appeal has also underlined the important (but often misunderstood) point that there is no legal requirement that the Immigration Rules should provide that the best interests of the child should be determinative. Section 55 of the Borders, Citizenship and Immigration Act 2009 is not a “trump card” to be played whenever the interests of a child arise. ‘

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UK Human Rights Blog, 21st July 2014

Source: www.ukhumanrightsblog.com

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Care in custody failings – Law Society’s Gazette

Posted July 21st, 2014 in detention, immigration, inquests, medical treatment, news by sally

‘Last week, a jury at the inquest into the death of American tourist Brian Dalrymple, who died after being detained at the Harmondsworth Immigration Removal Centre (pictured), delivered a verdict of ‘natural causes contributed to by neglect’. The jury’s verdict amounted to a finding that there were gross failures in the medical care Brian received which caused or contributed to his death.’

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Law Society’s Gazette, 21st July 2014

Source: www.lawgazette.co.uk

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YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another – WLR Daily

Posted July 18th, 2014 in data protection, EC law, government departments, immigration, law reports by tracey

YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another; (Joined Cases C-141/12 and C-372/12) ECLI:EU:C:2014:2081; [2014] WLR (D) 324

‘Article 2(a) of Parliament and Council Directive 95/46/EC meant that data relating to an applicant for a residence permit contained in an administrative document amounted to “personal data”. Article 12(a) of Directive 95/46 and article 8(2) of the Charter of Fundamental Rights of the European Union meant that an applicant for a residence permit had a right of access to all personal data concerning him which were processed by the national administrative authorities within the meaning of article 2(b). For that right to be complied with, it was sufficient that the applicant was in possession of a full summary of those data in an intelligible form, which allowed the applicant to become aware of those data and to check that they were accurate and processed in compliance with that Directive, so that he could, where relevant, exercise the rights conferred on him by that Directive. Article 41(2)(b) of the Charter meant that the applicant for a residence permit could not rely on that provision against the national authorities.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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

Posted July 18th, 2014 in education, immigration, judicial review, law reports, visas by tracey

Regina (Afzaal) v Secretary of State for the Home Department; [2014] EWHC 2215 (Admin); [2014] WLR (D) 313

‘Immigration rules, made pursuant to section 3(2) of the Immigration Act 1971, specified the conditions to be attached in the case of a student clearance visa and no further administrative action to impose a condition was required. The description of the relevant entry clearance as a tier 4 general student clearance followed by the reference number of the sponsor body, and its repetition in conjunction with the other obligatory conditions, was sufficient endorsement of the condition for the purposes of the Immigration (Leave to Enter and Remain) Order 2000.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

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Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening); [2014] EWHC 2245 (Admin); [2014] WLR (D) 310

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

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Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same – WLR Daily

Posted July 15th, 2014 in appeals, families, human rights, immigration, law reports, proportionality by tracey

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same; [2014] EWCA Civ 985; [2014] WLR (D) 308

‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily 11th July 2014

Source: www.iclr.co.uk

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Changes to the immigration rules will clamp down on visa abuse – Home Office

Posted July 14th, 2014 in immigration, news, visas by sally

‘The Home Office places new restrictions on the entrepreneur visa route in response to scams from individuals and organised criminal groups.’

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Home Office, 10th July 2014

Source: www.gov.uk/home-office

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Appeal court: if you earn £18,600 a year your foreign spouse can live in UK – The Guardian

Posted July 14th, 2014 in appeals, families, immigration, married persons, news, remuneration by sally

‘The Court of Appeal has dismissed a legal challenge to Home Office rules for UK citizens who want their overseas spouses to live with them in Britain, affecting more than 3,600 families.’

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The Guardian, 11th July 2014

Source: www.guardian.co.uk

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Passport official suspended over ‘interrogation’ of gay applicant – The Guardian

‘The Home Office has suspended a passport official and ordered a disciplinary investigation after the employee subjected a gay father-of-two to a lengthy interrogation about his sexual history and the details of his adoptions in front of the man’s four-year-old son.’

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The Guardian, 13th July 2014

Source: www.guardian.co.uk

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Immigration: Serious failings within Government system carry ‘high risk of unfairness’ for asylum seekers, says High Court judge – The Independent

Posted July 9th, 2014 in asylum, government departments, immigration, news by sally

‘A High Court judge has ruled that a system for fast-tracking asylum claims has “serious failings” and is being operated unlawfully by the Government.’

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The Independent, 9th July 2014

Source: www.independent.co.uk

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Alison Hewitt family awarded £130,000 for stalker failings – BBC News

‘A family who endured a “living nightmare” at the hands of a stalker are to receive £130,000 because of Home Office failings.

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BBC News, 8th July 2014

Source: www.bbc.co.uk

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Foreign students in high court bid to complete their UK courses – The Guardian

Posted July 8th, 2014 in education, immigration, news, universities, visas by tracey

‘Group who paid £8,500 each to study in London say they are victims of failed deal between Glyndwr University and a private college.’

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The Guardian, 8th July 2014

Source: www.guardian.co.uk

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Harassed family gets payout after Home Office failings – BBC News

‘A family who endured a “living nightmare” at the hands of a violent criminal is to receive a £130,000 payout over Home Office failings.’

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BBC News, 8th July 2014

Source: www.bbc.co.uk

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Temporary accommodation at a peppercorn rent – NearlyLegal

Posted July 3rd, 2014 in benefits, carers, housing, immigration, local government, news, social security by sally

‘This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application.’

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NearlyLegal, 2nd July 2014

Source: www.nearlylegal.co.uk

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Exceptional cases: High Court widens scope of LASPO and declares guidance unlawful – Legal Aid Handbook

‘The High Court recently gave judgement in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin).’

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Legal Aid Handbook, 1st July 2014

Source: www.legalaidhandbook.com

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Legal aid child residence tests breach international rights, say MPs and peers – The Guardian

‘Depriving children of legal representation by introducing a residence test is in breach of their international rights, a parliamentary committee has warned.’

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The Guardian, 30th June 2014

Source: www.guardian.co.uk

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Surrogacy overseas – Home Office

Posted June 27th, 2014 in citizenship, immigration, news, surrogacy by tracey

‘Information for British nationals who are considering entering into surrogacy arrangements in foreign countries.’

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Home Office, 26th June 2014

Source: www.gov.uk/home-office

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Sham marriages ‘double in four years’, Home Office figures show – Daily Telegraph

Posted June 24th, 2014 in fraud, immigration, marriage, news, sentencing, statistics by sally

‘The number of suspected sham marriages being reported by registrars has doubled in four years, official Home Office figures show.’

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Daily Telegraph, 23rd June 2014

Source: www.telegraph.co.uk

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The Rights of European Citizens and their Spouses to Come to the UK: Inspecting the Application Process and the Tackling of Abuse – Home Office

Posted June 20th, 2014 in EC law, fraud, immigration, marriage, press releases by tracey

‘An inspection of the efficiency and effectiveness of the Home Office’s handling of this European casework by John Vine CBE QPM, Independent Chief Inspector of Borders and Immigration.’

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Home Office, 19th June 2014

Source: www.gov.uk/home-office

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