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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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BBC News, 1st December 2014

Source: www.bbc.co.uk

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Challenging an error of fact – Hardwicke Chambers

Posted November 27th, 2014 in immigration, judicial review, mistake, news by sally

‘Lurking in the background of many judicial review claims is a complaint that a decision maker has made an error of fact.’

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Hardwicke Chambers, 24th November 2014

Source: www.hardwicke.co.uk

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Notice period doubled from next spring for all marriages and civil partnerships – Free Movement

Posted November 25th, 2014 in civil partnerships, fraud, immigration, marriage, news, notification by sally

‘It has been announced today [24 November] by Minister for Security and Immigration James Brokenshire that Part 4 of the Immigration Act 2014 is to be brought into full effect on 2 March 2015. This amends the procedure for marriage and civil partnership for everyone (not just foreign nationals) and creates new powers for duties to report sham marriages and the investigation and preventing of sham marriages.’

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Free Movement, 24th November 2014

Source: www.freemovement.org.uk

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Illegal immigration Bill – solution to a problem that doesn’t exist – Halsbury’s Law Exchange

Posted November 25th, 2014 in bills, crime, immigration, news by sally

‘Do we need any new laws? Christopher Chope, the Tory MP for Christchurch thinks so. He’s introduced the Illegal Immigrants (Criminal Sanctions) Bill 2014. It is short – only three clauses, and its aim is clear from the title, and this is made clear from the Preamble. This is a Bill to “Make provision for criminal sanctions against those who have entered the UK illegally or who have remained in the UK without legal authority”.’

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Halsbury’s Law Exchange, 24th November 2014

Source: www.halsburyslawexchange.co.uk

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Anti-terror measures: May aims to close ransom loophole – The Guardian

Posted November 24th, 2014 in immigration, insurance, news, terrorism by sally

‘The government will embark on fresh steps to cut funding to “barbaric” terror groups such as Islamic State by changing the law to prevent insurance firms from inadvertently reimbursing ransom payments, Theresa May will say on Monday.’

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The Guardian, 24th November 2014

Source: www.guardian.co.uk

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Lancashire sham marriages: Manchester gang jailed – BBC News

Posted November 21st, 2014 in fraud, immigration, marriage, news, sentencing by tracey

‘A Manchester gang which set up sham weddings between Pakistani grooms and Portuguese brides has been jailed.’

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BBC News, 21st November 2014

Source: www.bbc.co.uk

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Giving evidence in court – UK Visas and Immigration

Posted November 21st, 2014 in codes of practice, immigration, news, visas, witnesses by tracey

‘Modernised guidance for how UK Visas and Immigration prepares and gives evidence in court, and what it expects when it gives evidence.’

Full text

UK Visas and Immigration, 20th November 2014

Source: www.gov.uk/government/organisations/uk-visas-and-immigration

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Yarl’s Wood: Undercover tour of detention centre with dreadful reputation for its treatment of asylum seekers – The Independent

‘The Detention Centre in Bedfordshire – privately run, but publicly funded – has a dreadful reputation for its treatment of asylum seekers. Cole Moreton found a way inside to see if its notoriety is deserved.’

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The Independent, 16th November 2014

Source: www.independent.co.uk

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EU court moves against ‘benefits tourism’ in landmark ruling – The Independent

Posted November 12th, 2014 in benefits, EC law, immigration, news, taxation by tracey

‘The European Court of Justice has issued a historic ruling against Romanian woman living in Germany that could set a major precedent blocking so-called “benefits tourism” across the continent.’

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The Independent, 11th November 2014

Source: www.independent.co.uk

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Control and restraint techniques used on people being removed from UK are lawful, says Court of Appeal – UK Human Rights Blog

Posted November 7th, 2014 in aircraft, human rights, immigration, news, restraint by tracey

‘R (on the application of FI) v Secretary of State for the Home Department [2014] EWCA Civ 1272. The Court of Appeal has held that the physical restraint of persons being removed from the UK by aircraft is subject to a sufficient framework of safeguards to fulfil the state’s obligations under Articles 2 and 3 of the European Convention on Human Rights. Further, the decision of the Home Secretary not to publish aspects of the applicable policy on the use of such control and restraint is lawful.’

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UK Human Rights Blog, 7th November 2014

Source: http://ukhumanrightsblog.com/

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Deportation of Lebanese man with Down’s ‘inhumane’ – Vince Cable – The Guardian

Posted November 7th, 2014 in appeals, deportation, human rights, immigration, learning difficulties, news by tracey

‘The proposed deportation of a Lebanese man with Down’s syndrome has been branded “fundamentally inhumane” by the business secretary, Vince Cable. Wadih Chourey, 44, has lived in Twickenham, south-west London, for the past 17 years after seeking refuge from abuse in Beirut. But both his parents have since died and his brother Camil, 52, said he would be unable to care for himself in Lebanon.’

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The Guardian, 6th November 2014

Source: www.guardian.co.uk

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Judge orders Home Office border agency to explain sham company failures – Daily Telegraph

Posted October 28th, 2014 in disclosure, fraud, government departments, immigration, news, visas by sally

‘Judge Peter Ross criticises the Border Force for failing to follow up information which suggested Milton Keynes-based firm was operating an immigration scam.’

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Daily Telegraph, 27th October 2014

Source: www.telegraph.co.uk

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Gay asylum seekers face ‘intrusive’ sexual questions – The Guardian

Posted October 24th, 2014 in asylum, homosexuality, immigration, news by sally

‘More than a tenth of Home Office interviews of gay and lesbian asylum seekers include “intrusive or unsatisfactory” questions about their sex lives, according to an investigation by the chief inspector of borders and immigration.’

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The Guardian, 23rd October 2014

Source: www.guardian.co.uk

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