What are the legal obstacles faced by the UK’s illegal migration bill? – The Guardian

Posted March 9th, 2023 in asylum, bills, human rights, immigration, news, treaties by sally

‘A major piece of legislation unveiled this week seeks to achieve nothing less than the holy grail of current immigration policy: making asylum claims inadmissible from those who travel to the UK on small boats.’

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The Guardian, 8th March 2023

Source: www.theguardian.com

Kacper Majewski: Re Allister: The End of ‘Constitutional Statutes’? – UK Constitutional Law Association

‘On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5. What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin).’

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UK Constitutional Law Association, 21st February 2023

Source: ukconstitutionallaw.org

New Judgment: James Hugh Allister and others and Clifford Peeples v the Secretary of State for Northern Ireland and others [2023] UKSC 5 – UKSC Blog

‘These proceedings challenge the lawfulness of the Northern Ireland Protocol (“the Protocol”), which formed part of the agreement between the United Kingdom (“the UK”) and the European Union (“the EU”) regarding the UK’s exit from the EU. The Protocol was given legal effect by section 7A (“section 7A”) of the European (Withdrawal) Act 2018 (“the 2018 Act”).’

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UKSC Blog, 8th February 2023

Source: ukscblog.com

Is Rishi Sunak Prepared to Break International Refugee Law? – Each Other

Posted November 1st, 2022 in asylum, human rights, news, refugees, Rwanda, treaties by sally

‘During his summer leadership bid against Liz Truss, prime minister Rishi Sunak said he wanted to give Parliament powers to cap the number of refugees Britain accepts each year. His proposal was part of a ten-point plan on immigration, which also included tightening the definition of who can qualify for asylum and doing “whatever it takes” to pursue the government’s plan to offshore asylum seekers to Rwanda.’

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Each Other, 31st October 2022

Source: eachother.org.uk

Stuart Wallace: Human Rights Claims and Overseas Military Operations: Will Clause 14 of the Bill of Rights Bill Really Limit Victims’ Access to British Courts? – UK Constitutional Law Association

Posted September 6th, 2022 in armed forces, bills, international relations, news, treaties, victims by sally

‘Clause 14 of the Bill of Rights Bill, currently progressing through the UK parliament, introduces a total ban on individuals bringing a human rights claim, or relying on a Convention right, in relation to overseas military operations. As I have argued elsewhere, this is a retrograde development in the law. Thankfully, the clause may never enter into force. This is because under clause 39(3) of the Bill the Secretary of State may only bring clause 14 into force if the Secretary of State “is satisfied (whether on the basis of provision contained in an Act passed after this Act or otherwise) that doing so is consistent with the United Kingdom’s obligations under the Convention”. There is an implicit recognition here that, in its current form, implementing clause 14 would not be compatible with the UK’s ECHR obligations and that it would need something else to happen to make it compatible. There are three possible options here.’

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UK Constitutional Law Association, 6th September 2022

Source: ukconstitutionallaw.org

Government To Partially Comply With Istanbul Convention Against Domestic Abuse And Sexual Violence – Each Other

Posted June 28th, 2022 in domestic violence, immigration, news, sexual offences, treaties, women by sally

‘In May, Home secretary, Priti Patel, announced that the UK will comply with the Istanbul Convention after a 10-year delay. The UK will now seek to ratify the Convention by 31 July. It is the first legally-binding treaty with minimum legal standards which governments must meet to combat violence against women. After a decade of waiting, concerns have been raised though that the government has and will continue to fail migrant and refugee women, as the government is ‘reserving their right‘ not to comply with article 59, which would end some migrants’ dependence on abusive partners for their immigration status.’

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Each Other, 27th June 2022

Source: eachother.org.uk

UK lawyers gather evidence for action against countries over Yazidi genocide – The Guardian

Posted June 21st, 2022 in evidence, genocide, Iraq, news, pro bono work, treaties by sally

‘A group of high-level British lawyers have been working privately on compiling evidence to show that one or more countries failed in their international obligations to prevent genocide against the Yazidis in northern Iraq.’

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The Guardian, 21st June 2022

Source: www.theguardian.com

Five things that are new under the Subsidy Control Act – Mills & Reeve

Posted May 12th, 2022 in competition, EC law, legislation, news, state aids, treaties by sally

‘On 28 April 2022, the Subsidy Control Bill received Royal Assent and became the Subsidy Control Act 2022. The Act is expected to come into force in autumn 2022. Until then, the provisions of the Subsidy Control Chapter of the Trade and Cooperation Agreement between the UK and EU will continue to apply. This article highlights five things that will change when the Act comes into force.’

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Mills & Reeve, 10th May 2022

Source: www.mills-reeve.com

Nationality and Borders Bill – Mills & Reeve

Posted March 31st, 2022 in asylum, bills, citizenship, news, refugees, treaties by sally

‘The Nationality and Borders Bill sets out the Government’s provisions to overhaul the UK’s asylum system. The Bill has been highly controversial from the outset and was quickly labelled by campaigners as the “Anti-Refugee Bill”. The UN Refugee Agency (“UNHCR”) has also highlighted significant concerns regarding many of the Bill’s provisions.’

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Mills & Reeve, 30th March 2022

Source: www.mills-reeve.com

British Citizenship: Precious, Costly, and Precarious – Oxford Human Rights Hub

Posted February 10th, 2022 in bills, citizenship, EC law, fees, news, statutory interpretation, treaties by sally

‘Citizenship still matters; its absence denotes precarity. As Covid19 travel restrictions reminded us, at its international core lies the right to enter one’s country and reside therein. Domestically, in most jurisdictions, citizenship serves as an eligibility criterion for electoral participation; excluded non-citizens have limited capacity to advance their rights through the political process.’

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Oxford Human Rights Hub, 8th February 2022

Source: ohrh.law.ox.ac.uk

‘Westernisation’ can provide basis for leave to remain in UK, tribunal rules – Law Society’s Gazette

Posted January 18th, 2022 in Iraq, Islam, news, refugees, treaties by tracey

‘Westernisation can provide a basis for a claim for leave to remain in the UK where individuals face a real risk of persecution if they would not be able to adhere to the norms of conservative societies, a tribunal has ruled.’

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Law Society's Gazette, 18th January 2022

Source: www.lawgazette.co.uk

Lewis Graham: Going beyond, and going against, the Strasbourg Court – UK Constitutional Law Association

Posted January 11th, 2022 in gender, human rights, interpretation, news, passports, Supreme Court, treaties by tracey

‘Section 2 of the Human Rights Act (HRA) requires that domestic courts “take into account” relevant Strasbourg case law when dealing with substantive claims under that Act. The classic authority on the application of this provision remains – for now – that of Lord Bingham: courts should “keep pace with the Strasbourg jurisprudence as it evolves over time: no more but certainly no less”.’

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UK Constitutional Law Association, 11th January 2022

Source: ukconstitutionallaw.org

France to push for EU-wide UK migration treaty over Channel crossings – The Guardian

Posted January 11th, 2022 in asylum, EC law, France, immigration, news, treaties by tracey

‘France will press the EU to negotiate an asylum and migration treaty with the UK in an attempt to deter people from making the dangerous Channel crossing.’

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The Guardian, 10th January 2022

Source: www.theguardian.com

Karolina Szopa: Condemning the Persecuted: Nationality and Borders Bill (2021) and Its Compatibility with International Law – UK Constitutional Law Association

Posted January 6th, 2022 in bills, immigration, international law, news, treaties by sally

‘In light of the ongoing migration issues, the UK’s government set out to reform the immigration system to make it fairer and more efficient, while aiming to tackle people smuggling and prevent unsafe routes to asylum. The Nationality and Borders Bill 2021, currently awaiting a second reading in the House of Lords, was introduced in July 2021 as a potential solution.’

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UK Constitutional Law Association, 6th January 2022

Source: ukconstitutionallaw.org

Crimes of Arrival in the Nationality and Borders Bill – EIN Blog

Posted October 7th, 2021 in asylum, bills, immigration, international law, news, treaties by sally

‘The Nationality and Borders Bill further criminalises people coming to the UK to seek asylum. It does so by switching the emphasis from “entering” the UK to “arriving” in the UK. The difference is significant. Together with a combination of other powers, it means that people can be stopped from crossing the English Channel in small boats and turned away for criminal behaviour. If by luck they land on the English coastline, they can be prosecuted. But many such people will be asylum seekers, with a right to come to the UK and seek asylum. The proposal ignores the provision of the Refugee Convention (Article 31) that prohibits penalties being imposed on Refugees who enter or are present in a country without authorisation. The result is incompatible with UK international commitments.’

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EIN Blog, 6th October 2021

Source: www.ein.org.uk

Insight: Is turning back migrants at sea compatible with international law? – House of Commons Library

Posted September 14th, 2021 in asylum, human rights, immigration, international law, news, treaties, United Nations by tracey

‘What does international law say about turning back migrants at sea, and can “pushback” tactics be used safely and legally?’

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House of Commons Library, 13th September 2021

Source: commonslibrary.parliament.uk

Government breaching human rights commitments under UN racism treaty, report warns – The Independent

‘The government is in breach of a UN treaty designed to eradicate racial discrimination, a new report has warned. Research by the Runnymede Trust said that minority ethnic groups face sustained disparities across health, the criminal justice system, education, employment and immigration in England.’

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The Independent, 14th July 2021

Source: www.independent.co.uk

Supreme Court to hear UK challenge to two Holyrood bills – BBC News

‘The Scottish and UK governments are to face off at the Supreme Court over whether two bills passed by MSPs are within Holyrood’s powers.’

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BBC News, 28th June 2021

Source: www.bbc.co.uk

Part 26A scheme not within scope of Lugano Convention – Mills & Reeve

Posted April 13th, 2021 in brexit, company law, insolvency, news, treaties by sally

‘The insolvency criteria for instigating a Part 26A scheme had the effect that Part 26A schemes fall within the insolvency carve out contained in the Lugano Convention and so are not within its scope.’

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Mills & Reeve, 8th April 2021

Source: www.mills-reeve.com

Brexit: EU launches legal action against UK over ‘serious’ Northern Ireland protocol breach – The Independent

Posted March 16th, 2021 in brexit, international trade, news, Northern Ireland, treaties by tracey

‘Brussels has launched legal action against the UK government after Boris Johnson announced he would renege on parts of the deal he signed last year.’

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The Independent, 15th March 2021

Source: www.independent.co.uk