The Elements of a Post-Brexit Settlement – Henderson Chambers

Posted August 24th, 2016 in EC law, freedom of movement, immigration, news, referendums by sally

‘It is time to start thinking about the possible elements of a postwithdrawal settlement calculated to ensure a continuing close relationship between the UK and the EU. A solution that caters for the UK’s economic needs ought to be attainable, if it is also designed to play to the country’s particular strengths, which make it a more important partner for the EU than any other European State.’

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Henderson Chambers, 10th August 2016

Source: www.hendersonchambers.co.uk

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Brexit: are EU Citizens in limbo? – Halsbury’s Law Exchange

Posted August 22nd, 2016 in citizenship, EC law, immigration, news, referendums by sally

‘“Brexit means Brexit”, or so says our new Prime Minister. Sadly, it is almost certainly not as simple as that. The UK has voted for Brexit, but which Brexit?’

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Halsbury’s Law Exchange, 22nd August 2016

Source: www.halsburyslawexchange.co.uk

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Two people smugglers jailed – Home Office

Posted August 18th, 2016 in immigration, press releases, sentencing, trafficking in human beings by tracey

‘Two people who attempted to smuggle an Albanian man into the UK via the Channel Tunnel have been jailed for a total of 6 years.’

Full press release

Home Office, 16th August 2016

Source: www.gov.uk/home-office

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New Home Office API on Gay Asylum Claims: Not Fit For Purpose – Free Movement

‘The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum claims, even though this has been held to be unlawful, as a matter of EU law, since July 2015. Having made positive strides with respect to the quality of decision-making since the public outcry over the sexually explicit methods of questioning gay asylum seekers in February 2014, in August 2016 this API will lead to sub-standard and unlawful decisions by the Home Office, and arguably Courts and Tribunals who rely on the API, leading to devastating outcomes to those returned to countries where they will suffer persecution.’

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Free Movement, 8th August 2016

Source: www.freemovement.org.uk

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Immigration centre staff told: Put ‘disobedient’ detainees in solitary confinement – even if it could kill them – The Independent

Posted August 4th, 2016 in detention, immigration, news by Mark L

‘People held at Britain’s immigration removal centres can be thrown into solitary confinement against medical advice and held for hours without any explanation, according to new guidance set to be issued to guards by the Home Office.’

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The Independent, 2nd August 2016

Source: www.independent.co.uk

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Migrant who entered UK illegally raped woman on her morning commute after being allowed to stay – Daily Telegraph

Posted August 2nd, 2016 in assault, immigration, news, rape by tracey

‘A migrant who entered the UK illegally raped a “terrified” woman on her morning commute to work just months after he was allowed to stay.’

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Daily Telegraph, 1st August 2016

Source: www.telegraph.co.uk

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Barrister cops double suspension after immigration conviction – Legal Futures

‘A barrister who was convicted last year of practising as an immigration adviser while his registration was suspended, has now been suspended from the Bar as well.’

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legal Futures, 28th July 2016

Source: www.legalfutures.co.uk

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Hostile environment – Counsel

‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’

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Counsel, August 2016

Source: www.counselmagazine.co.uk

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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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