The Treatment of Migrant Workers: A Patchwork of Protection – Littleton Chambers

Posted July 26th, 2016 in civil justice, employment, immigration, news by sally

‘June was a bumper month in the developing field of claims concerning vulnerable migrant workers who are badly treated by their employers. English law offers a patchwork quilt of contractual and statutory protections. One of the challenges for advisers and representatives is identifying the most appropriate causes of action for the treatment received.’

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Littleton Chambers, 14th July 2016

Source: www.littletonchambers.com

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Prosecutions for telling the truth – Free Movement

Posted July 26th, 2016 in appeals, deportation, immigration, news by sally

‘In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin) held that the Home Office may not lawfully require the Claimant, under section 35 of the 2004 Act, to tell Zimbabwean officials that he agrees to return voluntarily.’

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Free Movement, 26th July 2016

Source: www.freemovement.org.uk

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Migrant children are being failed by UK, says Lords committee report – The Guardian

Posted July 26th, 2016 in asylum, children, detention, immigration, news, refugees, reports, select committees by sally

‘The UK is shirking its responsibility to care for thousands of unaccompanied migrant children, dismissing them as “somebody else’s problem”, a report has concluded.’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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Government accused of scrapping pledge to end child detention in prison-style immigration removal centres – The Independent

Posted July 22nd, 2016 in children, detention, families, immigration, news by sally

‘The Government has been accused of quietly ditching its policy of ending child detention in prison-style immigration centres after it announced the closure of new flagship accommodation for families being removed from the UK.’

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The Independent, 22nd July 2016

Source: www.independent.co.uk

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Telford trucker wins appeals against illegal immigrant fine – BBC News

Posted July 19th, 2016 in appeals, fines, immigration, news, transport by sally

‘A lorry driver accused of bringing illegal immigrants into the UK in his trailer has had a £10,000 fine overturned by the Home Office.’

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BBC News, 19th July 2016

Source: www.bbc.co.uk

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Increased risks for employers, says expert, as new illegal working offences come into force – OUT-LAW.com

Posted July 13th, 2016 in criminal justice, employment, immigration, news, prosecutions, sentencing by sally

‘New immigration offences have now come into force, meaning it will now be easier to prosecute those who employ illegal workers.’

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OUT-LAW.com, 13th July 2016

Source: www.out-law.com

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The Human Right Not To Hide. Celebrating The Anniversary Of A Landmark LGBTQ Case – RightsInfo

‘Six years ago tomorrow [7 July], the UK Supreme Court said that gay people should not have to hide their sexuality in order to avoid persecution in their home country.’

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RightsInfo, 6th July 2016

Source: www.rightsinfo.org

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NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department – WLR Daily

NA (Pakistan) v Secretary of State for the Home Department; KJ (Angola) v Secretary of State for the Home Department; WM (Afghanistan) v Secretary of State for the Home Department; MY (Kenya) v Secretary of State for the Home Department [2016] EWCA Civ 662

‘The claimant foreign nationals, NA, KJ, WM and MY, who had resided for significant periods of time in the United Kingdom, were convicted of offences to which they were sentenced to periods of imprisonment of 12 months or more. As a result, they fell within the definition of foreign criminals in section 32 of the UK Border Act 2007, in respect of whom the Secretary of State was liable to make a deportation order, subject to the exceptions in section 33, which included where deportation would breach the offender’s rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms. The claimants in each case made representations against their deportation in reliance on their rights to a private and family life under article 8 of the Convention. Paragraph 398 of the Immigration Rules, as they applied between July 2012 and 27 July 2014 (“the 2012 Rules”), provided that when assessing a claim that deportation would be contrary to an offender’s rights under article 8 of the Convention, the Secretary of State was required to consider whether the circumstances in paragraph 399 and 399A of the 2012 Rules existed, and that if they did not, it was only in exceptional circumstances that the public interest in deportation would be outweighed by other factors. The circumstances: (1) in paragraph 399 were that the claimant had a genuine and subsisting parental relationship with a child dependent on the claimant or a partner and it was not reasonable to expect the child to leave the United Kingdom or there were insurmountable obstacles to family life with the partner continuing outside the United Kingdom; and (2) in paragraph 399A were the long residence of the claimant in the United Kingdom and lack of family, social or cultural ties with the country to which he was to be removed. Pararaphs 399 and 399A applied to offenders sentenced to imprisonment for at least 12 months but less than four years (“medium offenders”) but not to those sentenced to periods of four years or more (“serious offenders”). ‘

WLR Daily, 16th June 2016

Source: www.iclr.co.uk

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We Need To Talk About…Abu Qatada – RightsInfo

‘In the first of an occasional series, we discuss a controversial human rights case and argue that there is another side to the way the case was reported.’

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RightsInfo, 7th July 2016

Source: www.rightsinfo.org

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Benjamin Gray Discusses Taiwo v Olaigbe: Discrimination on Immigration Status is not Race Discrimination – Littleton Chambers

‘The Supreme Court has held that less favourable treatment on the grounds of or because of immigration status is not discrimination because of nationality in Taiwo v Olaigbe and another [2016] UKSC 31.’

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Littleton Chambers, 23rd June 2016

Source: www.littletonchambers.com

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Brexit: What should EEA and EU nationals and their family members do now? – Free Movement

‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’

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Free Movement, 12th July 2016

Source: www.freemovement.org.uk

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Court of Appeal says when it is “reasonable” to remove a child resident for 7 years or more – Free Movement

Posted July 11th, 2016 in children, freedom of movement, immigration, news by sally

‘The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012 a new Immigration Rule was introduced stating that a foreign child would be permitted to remain if the child had lived in the UK for at least 7 years AND it was not reasonable to expect the child to relocate. This was paragraph 276ADE(vi) of the Immigration Rules. It was implied that the parents would also be permitted to stay to look after the child.’

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Free Movement, 7th July 2016

Source: www.freemovement.org.uk

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Yarl’s Wood detention centre staff replaced by ‘self-service kiosks’ – The Guardian

Posted July 8th, 2016 in budgets, contracting out, detention, immigration, news by sally

‘Staff are being replaced by “self-service kiosks” at the troubled Yarl’s Wood immigration detention centre as the main way of driving through a £42m cut in the costs of a new Home Office contract to run the centre, it has been disclosed.’

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The Guardian, 7th July 2016

Source: www.guardian.co.uk

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Bar chairman warns on post-Brexit practising rights – Legal Futures

‘The ramifications of leaving the European Union are likely to be wide-ranging and could restrict the ability of barristers to practise outside England and Wales, the chairman of the Bar Council has warned.’

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Legal Futures, 6th July 2016

Source: www.legalfutures.co.uk

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Man found guilty of murdering sex worker in Leeds – The Guardian

Posted July 5th, 2016 in immigration, murder, news, prostitution, robbery by sally

‘A 24-year-old man has been found guilty of murdering a sex worker in Leeds before spending the money he stole from her on takeaways, drugs and cigarettes.’

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The Guardian, 4th July 2016

Source: www.guardian.co.uk

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Alice Gross inquest finds schoolgirl was unlawfully killed – The Guardian

‘Alice Gross, the 14-year-old believed to have died at the hands of Arnis Zalkalns, a Latvian builder, in 2014, was unlawfully killed in a sexually motivated attack, an inquest jury has found.’

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The Guardian, 4th July 2016

Source: www.guardian.co.uk

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Convicted Somalian rapist had deportation order overturned before attacking two more women as he “did not understand what is acceptable in UK” – Daily Telegraph

‘A convicted Somalian rapist who overturned a deportation order went on to rape two more women in Birmingham, with his lawyer arguing “he had a lack of understanding of what is acceptable in the UK”.’

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Daily Telegraph, 3rd July 2016

Source: www.telegraph.co.uk

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Prosecutions for people-smuggling into UK rise by 50% – The Guardian

‘The number of people prosecuted for smuggling illegal immigrants into Britain in their vehicles has risen by more than 50% in a year, according to new figures. ‘

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The Guardian, 4th July 2016

Source: www.guardian.co.uk

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Alice Gross: Evidence shows ‘police did not contribute to death’ – BBC News

‘The death of a girl suspected of being killed by a convicted murderer, was not contributed to by the actions of police, an inquest has heard.’

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BBC News, 1st July 2016

Source: www.bbc.co.uk

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Government austerity policy a breach of international human rights, says UN report- The Independent

Posted June 30th, 2016 in human rights, immigration, news, reports, taxation, United Nations by tracey

‘The British Government’s austerity policies are a breach of international human rights, a new report by the UN has warned.’

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The Independent, 29th June 2016

Source: www.independent.co.uk

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