R (on the application of Jamar Brown (Jamaica) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court

R (on the application of Jamar Brown (Jamaica) (Respondent) v The Secretary of State for the Home Department (Appellant) [2015] UKSC 8 (YouTube)

Supreme Court, 4th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Comments Off

Canadian domestic abuse victim Sandra Sidey can stay in UK – BBC News

Posted March 24th, 2015 in appeals, deportation, domestic violence, immigration, news, tribunals, victims by sally

‘A Canadian woman who was told she could not stay in Britain after ending her relationship with a violent partner has won indefinite leave to remain.’

Full story

BBC News, 23rd March 2015

Source: www.bbc.co.uk

Comments Off

FAS v Bradford Metropolitan District Council and another – WLR Daily

Posted March 23rd, 2015 in adoption, children, citizenship, family courts, immigration, law reports by sally

FAS v Bradford Metropolitan District Council and another [2015] EWHC 622 (Fam); [2015] WLR (D) 128

‘It remained the case that the court would rarely make an adoption order when it would confer no benefits upon the child during its childhood but gave it a right of abode for the rest of its life. The proposition to that effect in In re B (A Minor) (Adoption Order: Nationality) [1999] 2 AC 136, 141–142, decided in the context of section 6 of the Adoption Act 1976 and the need to promote and safeguard the welfare of the child “throughout his childhood”, still applied despite the change in the welfare test effected by the Adoption and Children Act 2002, which now provided that the paramount (as opposed to the first) consideration was the child’s welfare “throughout his life”. Thus, where the court was in effect being asked to use adoption to confer citizenship prospectively upon an adult the courts were reluctant to trespass upon the area of the Home Secretary’s authority entrusted to him by Parliament.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Comments Off

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission – WLR Daily

Posted March 23rd, 2015 in appeals, disclosure, human rights, immigration, judicial review, law reports by sally

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission [2015] EWHC 681 (Admin); [2015] WLR (D) 132

‘In review proceedings under sections 2C and 2D of the Special Immigration Appeals Commission Act 1997, challenging specified decisions of the Home Secretary to exclude an individual from the United Kingdom or refuse applications for naturalisation, the Home Secretary was required to disclose to the Special Immigration Appeals Commission and to the special advocates acting in the closed proceedings such material as had been used by the author of any relevant assessment, relied on by the Home Secretary in reaching the decision, to found or justify the facts or conclusions expressed therein; or if subsequently re-analysed, to disclose such material as was considered sufficient to justify those facts and conclusions and which was in existence at the date of decision.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

Comments Off

High Court finds Tier 1 Entrepreneur landline requirement irrational – Free Movement

Posted March 23rd, 2015 in documents, immigration, news, visas by sally

‘The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding on part of the challenge, though, the case ultimately failed because there were other parts of the rules that the claimant has also been refused under and which the claimant failed to convince the judge were unlawful.’

Full story

Free Movement, 23rd March 2015

Source: www.freemovement.org.uk

Comments Off

No convictions over 500 black and Asian deaths in custody – The Guardian

Posted March 23rd, 2015 in death in custody, detention, immigration, news, police, prosecutions, racism, statistics by sally

‘More than 500 black and ethnic minority individuals have died in suspicious circumstances while in state detention over the past 24 years, but not a single official has been successfully prosecuted, a report examining institutional racism has revealed.’

Full story

The Guardian, 21st March 2015

Source: www.guardian.co.uk

Comments Off

Modern slavery bill amendment rejected by MPs – The Guardian

Posted March 18th, 2015 in bills, employment, forced labour, immigration, news, visas by sally

‘MPs have rejected an amendment made by the Lords to the modern slavery bill, which would allow migrant workers to change employer.’

Full story

The Guardian, 17th March 2015

Source: www.guardian.co.uk

Comments Off

Court of Appeal gives further guidance on Article 8 in immigration cases – UK Human Rights Blog

Posted March 16th, 2015 in appeals, human rights, immigration, news by sally

‘These two appeals concern the assessment of article 8 ECHR claims in immigration cases. It is an important addition to the current cases on which rules apply to applications for leave to enter or remain made before the new Immigration Rules came into force on 9 July 2012. In Singh and Khalid, the Court of Appeal clarified the answer to this question and resolved the conflicting Court of Appeal authority in Edgehill v SSHD [2014] EWCA Civ 402 and Haleemudeen v SSHD [2014] EWCA Civ 558. ‘

Full story

UK Human Rights Blog, 13th March 2015

Source: www.ukhumanrightsblog.com

Comments Off

Legal aid, young people and the review that never happened – LegalVoice

‘The Ministry of Justice has in the last few weeks quietly backed down on the promise of a full review on the effects of legal aid cuts on children and young people.’

Full story

LegalVoice, 10th March 2015

Source: www.legalvoice.org.uk

Comments Off

Visitor appeal succeeds on human rights grounds – Free Movement

Posted March 11th, 2015 in appeals, asylum, human rights, immigration, married persons, news, tribunals by tracey

‘In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle of the scything of full rights of appeal for everyone else, President McCloskey has turned his attention to the question of the relevance of compliance with the Immigration Rules to a human rights appeal. The answer is that where a person meets the terms of the Immigration Rules, their appeal will normally fall to be allowed on human rights grounds, assuming that human rights are engaged in some way in the first place.’

Full story

Free Movement, 10th March 2015

Source: www.freemovement.org.uk

Comments Off

Number of judicial review applications falls from 15,600 to 4,000 – Litigation Futures

Posted March 10th, 2015 in civil justice, immigration, judicial review, news, statistics, tribunals by tracey

‘The number of judicial review applications lodged at the High Court fell from 15,600 to just 4,062 last year – caused mainly, but not entirely by the transfer of immigration and asylum cases to the Upper Tribunal.’

Full story

Litigation Futures, 10th March 2015

Source: www.litigationfutures.com

Comments Off

Changes to asylum process and procedure – Free Movement

Posted March 9th, 2015 in asylum, codes of practice, immigration, news by tracey

‘The circumstances in which an asylum claim may be treated as abandoned by an applicant have been extended with effect from 27 February 2015.’

Full story

Free Movement, 5th March 2015

Source: www.freemovement.org.uk

Comments Off

Speech by Mr Justice Hickinbottom: Administrative Court in Wales – Evolution or Revolution – Judiciary of England and Wales

‘The Hon Mr Justice Hickinbottom gave a speech at The First Administrative Court in Wales Lecture on “Administrative Court in Wales – Evolution or Revolution” on 20 February 2014.’

Full speech

Judiciary of England and Wales, 6th March 2015

Source: www.judiciary.gov.uk

Comments Off

‘What crime have I committed to be held like this?’: inside Yarl’s Wood – The Guardian

Posted March 4th, 2015 in asylum, attempts, detention, elderly, immigration, inquiries, news, refugees, suicide, women by sally

‘Migrants and asylum seekers can be locked up at the high-security detention centre indefinitely. Reports of abuse, self-harm and suicide are rife. Now MPs are calling for an end to the ‘expensive, ineffective and unjust’ system. In a rare report, inmates describe their misery.’

Full story

The Guardian, 3rd March 2015

Source: www.guardian.co.uk

Comments Off

New immigration rules for visitors to the United Kingdom – Free Movement

Posted March 3rd, 2015 in immigration, news, regulations, visas by sally

‘A new set of rules for visitors to the United Kingdom has been introduced to take effect on all applications made on or after 24 April 2015. The changes are brought about by Statement of Changes to the Immigration Rules HC 1025. The changes were billed in advance as a simplification of the old rules. Closer inspection reveals a reduction in the number of categories of visitor but a great deal of added complexity to the way the rules are drafted and a new set of sub-appendices to the appendices. The Home Office is unique in the universe for its immunity to the Second Law of Thermodynamics, it seems.’

Full story

Free Movement, 3rd March 2015

Source: www.freemovement.org.uk

Comments Off

Prison officer Mark Blake ‘justified’ leaks to The Sun – BBC News

‘An officer at a Serco-run immigration centre justified leaking stories to The Sun by claiming the firm turned a blind eye to corruption, a court has heard.’

Full story

BBC News, 25th February 2015

Source: www.bbc.co.uk

Comments Off

Why is the immigration tribunal so uniquely impervious to modernity? – Free Movement

‘In a recent determination, the President of the Upper Tribunal suggested that documents and submissions could be sent electronically to the tribunal in order to facilitate efficient justice:

“…parties and their representatives are strongly encouraged to communicate electronically with the Tribunal and, further, to seek confirmation that important communications and/or attachments have been received.”‘

Full story

Free Movement, 26th February 2015

Source: www.freemovement.org.uk

Comments Off

Benefits to be withdrawn from EEA jobseekers previously unaffected by the January 2014 changes – Free Movement

Posted February 25th, 2015 in benefits, employment, immigration, news, social security by sally

‘In January 2014, the Government introduced a number of measures aimed at restricting EEA migrants’ access to income-based JSA. A key change was the introduction of a statutory presumption that entitlement to income-based JSA (‘JSA(IB)’) would be limited to a period of three months (or six months for EEA nationals with retained worker status) unless the jobseeker could pass a Genuine Prospect of Work (GPoW) assessment.’

Full story

Free Movement, 24th February 2015

Source: www.freemovement.org.uk

Comments Off

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] WLR (D) 75

‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Comments Off

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department [2015] EWCA Civ 74; [2015] WLR (D) 66

‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’

WLR Daily, 12th February

Source: www.iclr.co.uk

Comments Off