Supreme Court holds that Dublin III Detention between January 2014 and March 2017 was unlawful – Garden Court Chambers

‘The Supreme Court has dismissed the appeal of the Secretary of State for the Home Department from the Court of Appeal decision in R(Hemmati and others) v SSHD [2018] EWCA Civ 2122 in which it was held that the Home Office was not entitled to detain asylum seekers for removal under the Dublin III Regulation because of the failure until 15 March 2017, to set out in law the requirements for detention.’

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Garden Court Chambers, 27th November 2019

Source: www.gardencourtchambers.co.uk

Supreme Court unanimously rules detention of asylum seekers pending removal was unlawful – UK Human Rights Blog

‘R (Hemmati and others) v Secretary of State for the Home Department [2019] UKSC 56. In a significant public law decision, the Supreme Court dismissed the Secretary of State’s appeal and held that the policy governing detention pending removal fails to comply with the Dublin III Regulation as it lacks adequate certainty and predictability.’

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UK Human Rights Blog, 3rd December 2019

Source: ukhumanrightsblog.com

‘I still suffer trauma’: Home Office’s unlawful detentions – case study – The Guardian

‘Mohamed, an asylum seeker from Sudan, tells how he has been imprisoned many times since arriving in Britain in 2012.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

New Judgment: R (Hemmati & Ors) (AP) v Secretary of State for the Home Department [2019] UKSC 56 – UKSC Blog

‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Home Office unlawfully imprisoned asylum seekers, supreme court rules – The Guardian

‘The Home Office “falsely imprisoned” many asylum seekers who are now entitled to damages for their loss of liberty at the hands of the government, five supreme court judges have ruled.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

Home Office concedes unlawful imposition of study restriction as a bail condition on individuals who are ‘appeals rights exhausted’ – Garden Court Chambers

Posted November 26th, 2019 in appeals, asylum, bail, education, news by sally

‘On 20 November 2019, the Home Office conceded in the settlement of two claims for judicial review that it had acted unlawfully in imposing a study restriction as a condition of bail on two individuals simply because they had failed in their initial asylum claims and exhausted their appeal rights. The concession has come less than a week before the substantive hearing due to be held on 26 November 2019.’

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Garden Court Chambers, 21st November 2019

Source: www.gardencourtchambers.co.uk

Study restrictions ‘unlawfully imposed’ on university students – Law Society’s Gazette

Posted November 22nd, 2019 in asylum, bail, immigration, news, universities by tracey

‘TThe Home Office has agreed to review its immigration bail guidance, a law firm has said as it was preparing to challenge the government in court next week in a case concerning two asylum-seeking university students.’

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Law Society's Gazette, 21st November 2019

Source: www.lawgazette.co.uk

Asylum seekers: Home Office taking ‘substantially longer’ on claims – BBC News

Posted November 8th, 2019 in asylum, delay, immigration, news, statistics by tracey

‘Decisions on asylum applications are taking “substantially” longer than they were five years ago, data suggests. In 2014, 80% of applicants received an initial decision within six months, compared with around 25% now, according to the Migration Observatory.’

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BBC News, 8th November 2019

Source: www.bbc.co.uk

Social care support and persons subject to immigration control – Local Government Lawyer

‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

Denial of social care support to persons subject to immigration control, and human rights – Community Care Blog

Posted October 29th, 2019 in asylum, immigration, mental health, news, social services by tracey

‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. R (Shehab Aburas) v London Borough of Southwark [2019] EWHC 2754 (Admin) concerned an apparently stateless 58 year old Palestinian who came to the United Kingdom from Kuwait, arriving in 1996. Mt Aburas had mental health issues and had been diagnosed with bi-polar disorder and depression. He was a failed asylum-seeker without regular immigration status. Southwark determined that he was in the category ‘no recourse to public funds’ as a ‘person subject to immigration control’ for the purposes of section 21 of the Care Act 2014. He was present in the United Kingdom as a ‘person in breach of immigration control’ for the purposes of Schedule 3 paragraphs 1 and 7(1)(a) to the Nationality Immigration and Asylum Act 2002. He faced barriers to a proposed removal to Kuwait.’

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Community Care Blog, 23rd October 2019

Source: communitycare11kbw.com

Dishonourable discharge – Nearly Legal

‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’

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Nearly Legal, 13th October 2019

Source: nearlylegal.co.uk

Family courts hearing FGM cases do not have jurisdiction to injunct Home Secretary on asylum matters, rules senior judge – Local Government Lawyer

‘There is no jurisdiction for a family court to make a FGM (female genital mutilation) protection order against the Home Secretary to control the exercise of her jurisdiction with respect to matters of immigration and asylum, the President of the Family Division has concluded.’

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Local Government Lawyer, 30th September 2019

Source: www.localgovernmentlawyer.co.uk

Home Office faces court challenge over allowing asylum seekers to be interrogated by countries from which they are trying to flee – Independent

Posted September 30th, 2019 in asylum, government departments, news, Zimbabwe by michael

‘The Home Office is to be challenged in court over its practice of inviting foreign government representatives to interview political asylum seekers after The Independent exposed the “corrupt” exercise.’

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Independent, 30th September 2019

Source: www.independent.co.uk

UK courts powerless to prevent deportation of girl, 10, at risk of FGM – The Guardian

Posted September 26th, 2019 in asylum, deportation, female genital mutilation, news by tracey

‘A British court has said it has no power to stop the deportation of a 10-year-old girl at risk of female genital mutilation (FGM) after authorities rejected her mother’s asylum application.’

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The Guardian, 25th September 2019

Source: www.theguardian.com

Asylum seeker denied cancer treatment by Home Office dies – The Guardian

Posted September 20th, 2019 in asylum, cancer, immigration, medical treatment, news by sally

‘An Ethiopian woman who was denied potentially life-saving cancer treatment for six weeks amid confusion about whether she should be charged by the NHS has died aged 39.’

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The Guardian, 19th September 2019

Source: www.theguardian.com

Home Office ‘doomed to repeat the mistakes of Windrush’ – The Guardian

Posted September 19th, 2019 in asylum, burden of proof, government departments, immigration, news, statistics, torture by tracey

‘The mistakes made by the Home Office over the Windrush scandal are doomed to be repeated unless the department completely overhauls its systems, according to a report about its approach to processing immigration applications.’

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The Guardian, 18th September 2019

Source: www.theguardian.com

CA quashes paralegal’s “unfair” contempt sentence – Legal Futures

‘It was “manifestly unfair” for a circuit judge to issue a paralegal with a suspended six-month prison sentence for inadvertently breaching the Family Procedure Rules, the Court of Appeal has ruled.’

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Legal Futures, 17th September 2019

Source: www.legalfutures.co.uk

Migrant women who have miscarriages ‘wrongly charged £7,000 for antenatal care’ – The Independent

Posted September 16th, 2019 in asylum, birth, hospitals, immigration, news, pregnancy by tracey

‘Migrant women who have miscarriages are being wrongly charged £7,000 for antenatal care despite never going into labour, doctors and campaigners have warned. Rules specify overseas women who are expecting a baby must be charged for NHS care – with charges starting at around £7,000 but potentially doubling if there are complications with the pregnancy.’

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The Independent, 15th September 2019

Source: www.independent.co.uk

Asylum-Seeking Children Might Not Be Able To Reunite With Their Families After Brexit, Campaigners Warn – Rights Info

‘The Home Office is looking to end the current system which reunites asylum-seeking children with their families if a no-deal Brexit goes through.’

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Rights Info, 2nd September 2019

Source: rightsinfo.org

Investigation prompts rapid upgrades to asylum seekers’ homes – The Guardian

‘Hundreds of asylum seekers crammed into a network of “guest houses” provided by a Home Office contractor that are overrun by cockroaches, rats and mice have seen a raft of improvements in the past few days after the Guardian exposed their dire living conditions.’

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The Guardian, 27th August 2019

Source: www.theguardian.com