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.’

Full story

The Guardian, 23rd October 2014

Source: www.guardian.co.uk

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CPS to launch review after ‘shambolic’ fake marriage case collapses – The Independent

‘The Crown Prosecution Service (CPS) is to launch a full review of its procedures after a judge halted a case in which a vicar who was alleged to have operated a “conveyor belt” of sham marriages claimed that immigration officers concealed evidence and lied under oath.’

Full story

The Independent, 23rd October 2014

Source: www.independent.co.uk

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Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same – WLR Daily

Posted October 23rd, 2014 in appeals, children, human rights, immigration, law reports by sally

Regina (Alladin) v Secretary of State for the Home Department; Regina (Wadhwa and others) v Same [2014] EWCA Civ 1334; [2014] WLR (D) 435

‘Where an applicant applied to the Secretary of State only for definite leave to remain, pursuant to section 3(1)(b) of the Immigration Act 1971, but made no request for indefinite leave to remain, and provided no material in support of the application specifically directed at an application for indefinite leave to remain, or which pointed to any disadvantage associated with the grant of discretionary leave to remain as opposed to indefinite leave to remain, the Secretary of State had no positive duty to consider what might support the granting of indefinite leave to remain.’

WLR Daily, 16th October 2014

Source: www.iclr.co.uk

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UZ (Pakistan) v Secretary of State for the Home Department – WLR Daily

Posted October 22nd, 2014 in appeals, immigration, judicial review, jurisdiction, law reports, tribunals by sally

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429

‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’

WLR Daily, 15th October 2014

Source: www.iclr.co.uk

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A sixth of foreign criminals absconded before being deported from UK – The Guardian

Posted October 22nd, 2014 in criminal justice, deportation, immigration, news, reports, sentencing by sally

‘One in six foreign offenders living in the community have absconded, including 58 dangerous individuals who have been missing since 2010, the National Audit Office has revealed.’

Full story

The Guardian, 22nd October 2014

Source: www.guardian.co.uk

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Court refuses to say if killer was allowed to stay in UK – Daily Telegraph

‘Bernard Finlay was found guilty of stabbing a mother of two to death with three kitchen knives and a cleaver in 1997.’

Full story

Daily Telegraph, 18th October 2014

Source: www.telegraph.co.uk

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

Posted October 17th, 2014 in appeals, asylum, detention, immigration, news, time limits by tracey

Regina (Detention Action) v Secretary of State for the Home Department: [2014] EWCA Civ 1270; [2014] WLR (D) 426

‘All those subject to 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 would now have four clear working days from allocation of a lawyer to substantive interview.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

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The Supreme Court and the Rule of Law – Speech by Lord Neuberger

The Supreme Court and the Rule of Law (PDF)

Lord Neuberger

The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014

Source: www.supremecourt.uk

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

Posted October 2nd, 2014 in domestic violence, immigration, law reports, regulations by tracey

Regina (T) v Secretary of State for the Home Department: [2014] EWHC 2453 (Admin); [2014] WLR (D) 403

‘There was no general discretion under section E-DVILR 1.2(b) of Appendix FM of the Statement of Changes in Immigration Rules (HC 395) to provide public funds and for indefinite leave to remain to foreign nationals living in the United Kingdom who became victims of domestic violence.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

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Bogdanic v Secretary of State for Home Department – WLR Daily

Posted September 29th, 2014 in appeals, immigration, interpretation, law reports by tracey

Bogdanic v Secretary of State for Home Department: [2014] EWHC 2872 (QB); [2014] WLR (D) 401

‘The Nationality, Immigration and Asylum Act 2002 (Commencement No 1) Order 2002 should be construed as having the effect that section 125 of, and Schedule 8 to, the Nationality, Immigration and Asylum Act 2002 came into force on 8 December 2002 for the purpose of clandestine entrants who arrived in the United Kingdom or in a prescribed immigration control zone concealed in a vehicle or a rail freight wagon.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

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Her Majesty’s Passport Office made directly accountable to Ministers – Home Office

Posted September 26th, 2014 in government departments, immigration, passports, press releases by tracey

‘Her Majesty’s Passport Office (HMPO) is to be brought into the Home Office and made directly accountable to Ministers, Home Secretary Theresa May has announced today.’

Full press release

Home Office, 26th September 2014

Source: www.gov.uk/home-office

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Students without indefinite leave to are ineligible for student loans – UK Human Rights Blog

Posted September 11th, 2014 in appeals, education, human rights, immigration, news, visas by sally

‘The United Kingdom was not in breach of the human rights of those individuals ineligible for student loans because they did not have indefinite leave to remain in the country. The relevant legislation limits eligibility for student loans to those who are “settled” in the United Kingdom (within the meaning of the Immigration Act 1971 ) and who have been ordinarily resident in the UK for three years.’

Full story

UK Human Rights Blog, 11th September 2014

Source: www.ukhumanrightsblog.com

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Call for inquiry into death at Morton Hall immigration detention centre – The Guardian

‘The family of a 26-year-old man who died at an immigration detention centre have called for an urgent independent inquiry saying they have concerns about the circumstances surrounding his death.’

Full story

The Guardian, 7th September 2014

Source: www.guardian.co.uk

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Landlord Immigration Checks from 1 December – NearlyLegal

Posted September 4th, 2014 in codes of practice, immigration, landlord & tenant, news, pilot schemes, vetting by sally

‘The Home Office has (finally) announced the ‘pilot’ areas for the landlord immigration check requirement under Immigration Act 2014.’

Full story

NearlyLegal, 3rd September 2014

Source: www.nearlylegal.co.uk

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Victim of trafficking can claim compensation despite illegal entry to UK – UK Human Rights Blog

‘The Supreme Court has ruled that victims may in some circumstance recover damages from their traffickers. Overturning the judgment of the Court of Appeal that the illegality of the underlying contract ruled out the claim for compensation, the majority held that to permit the trafficker to escape liability would be “an affront” to public policy. The judgment has far reaching implications in this area because, by its very nature, human trafficking often involves illegality.’

Full story

UK Human Rights Blog, 27th August 2014

Source: www.ukhumanrightsblog.com

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Enforcement and criminal investigations (modernised guidance) – UK Border Agency

Posted August 22nd, 2014 in immigration, press releases, visas, witnesses by tracey

‘This collection brings together modernised guidance about enforcement and processes used by UK Visas and Immigration.’

Full press release

UK Border Agency, 21st August 2014

Source: www.ukba.homeoffice.gov.uk

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What’s in store for family migrants after the Court of Appeal decision in MM? – Halsbury’s Law Exchange

Posted August 20th, 2014 in appeals, families, human rights, immigration, news, public interest, remuneration by tracey

‘Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.’

Full story

Halsbury’s Law Exchange, 19th August 2014

Source: www.halsburyslawexchange.co.uk

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Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog

‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’

Full story

UK Human Rights Blog, 18th August 2014

Source: www.ukhumanrightsblog.com

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Victims of trafficking empowered to seek compensation – Halsbury’s Law Exchange

‘The employee had been allegedly trafficked from Nigeria to the UK by the employer to work illegally as an au pair (Hounga v Allen and another). The Court of Appeal, Civil Division, set aside an award of compensation granted in the employee’s favour for unlawful discrimination in relation to her dismissal by the employer, having held that the illegality of the contract of employment had formed a material part of the employee’s complaint and that to uphold it would be to condone the illegality. The employee appealed. The Supreme Court, allowing the appeal, held that it would be a breach of the UK’s international obligations under the Council of Europe Convention on Action against Trafficking in Human Beings for its law to cause the employee’s complaint to be defeated by the defence of illegality. The case was remitted to the tribunal in respect of a complaint in relation to pre-dismissal harassment.’

Full story

Halsbury’s Law Exchange, 13th August 2014

Source: www.halsburyslawexhange.co.uk

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Hounga (Appellant) v Allen and another (Respondents) – Supreme Court

Hounga (Appellant) v Allen and another (Respondents) [2014] UKSC 47 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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