Council decision to keep asylum seekers who were putative children in hotel accommodation was unlawful, High Court rules – Local Government Lawyer

‘The London Borough of Brent breached its section 20 duties under the Children Act 1989 when it chose not to provide proper accommodation to unaccompanied asylum seekers while awaiting an assessment of their age, a High Court judge has ruled.’

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Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court considers asylum claim decided under quashed fast track rules – UK Human Rights Blog

Posted October 27th, 2021 in appeals, asylum, human rights, immigration, news, Supreme Court by sally

‘In 2015, the Court of Appeal found that the fast-track procedure rules for appeals against the refusal of some types of asylum claim (the FTR) was “structurally unfair, unjust and ultra vires” (R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840; [2015] 1 WLR 5341, known as DA6). The Court of Appeal quashed the FTR because this structural unfairness “created a risk that the applicants would have inadequate time to obtain advice, marshall their evidence and properly present their cases”, which “created an unacceptable risk of unfairness in a significant number of cases”.’

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UK Human Rights Blog, 26th October 2021

Source: ukhumanrightsblog.com

Young Hong Kongers who fled police brutality ‘languishing’ in UK asylum system due to arbitrary age cut-off – The Independent

‘Young Hong Kong nationals who fled police brutality are “languishing” in the UK asylum system because they are arbitrarily excluded from a Home Office settlement route due to their age.’

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The Independent, 24th October 2021

Source: www.independent.co.uk

Last-minute legal claims brought by deportees due to ‘shambolic’ advice system in detention, lawyers warn – The Independent

‘Last-minute legal claims are being brought by people facing deportation due to the “shambolic” legal advice system in removal centres, lawyers have warned.’

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The Independent, 17th October 2021

Source: www.independent.co.uk

Trafficking victims should be granted leave to remain in UK, high court rules – The Guardian

‘Thousands of victims of trafficking who have been left to languish in the immigration system for years should be granted leave to remain, the high court has said in a landmark ruling.’

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The Guardian, 12th October 2021

Source: www.theguardian.com

Homelessness – renewed applications and overlooked facts – Nearly Legal

‘This was a judicial review of Westminster’s refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision that she was intentionally homeless, and a rejection of a second application.’

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Nearly Legal, 10th October 2021

Source: nearlylegal.co.uk

Are asylum suicides an unfolding national tragedy? – BBC News

Posted October 12th, 2021 in asylum, mental health, news, suicide, young persons by sally

‘After fleeing his native Eritrea as a child and living for years as a refugee, Henok Zaid Gebrsslasie hoped to make a life for himself in the UK. Aged 23, he was found dead at a mental health facility in Coventry, West Midlands, and is thought to have taken his own life. His death is one of a growing number among young asylum seekers which a charity said could just be the “tip of the iceberg”.’

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BBC News, 11th October 2021

Source: www.bbc.co.uk

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

Home Office resisting calls to let asylum seekers work in the UK – The Guardian

Posted October 1st, 2021 in asylum, employment, government departments, immigration, news, statistics by tracey

‘Priti Patel’s department is resisting growing demands to allow asylum seekers to work following a public intervention from her cabinet colleague Dominic Raab to say that he would be “open-minded’ about the proposal.’

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The Guardian, 30th September 2021

Source: www.theguardian.com

New Judgment: R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal concerning the effect of structural unfairness in the Fast Track Procedure 2005 on individual appeal determinations.’

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UKSC Blog, 22nd September 2021

Source: ukscblog.com

New Judgment: R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41 – EIN Blog

‘The Supreme Court unanimously dismissed this appeal concerning the effect of structural unfairness in the Fast Track Procedure 2005 on individual appeal determinations.’

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EIN Blog, 22nd September 2021

Source: www.ein.org.uk

Home Office chief refuses to tell MPs legal basis on which pushbacks in Channel can be used – The Independent

‘The Home Office has refused to disclose the legal basis on which it plans to use “pushbacks” in the English Channel to turn small boats around.’

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The Independent, 22nd September 2021

Source: www.independent.co.uk

QC calls on UK to support female judges at risk in Afghanistan – The Guardian

‘Helena Kennedy QC has launched an urgent appeal to provide support to judges along with lawyers, women’s rights activists, human rights defenders and their families at risk in Afghanistan and in need of a safe haven abroad.’

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The Guardian, 21st September 2021

Source: www.theguardian.com

Asylum seeker given £100,000 hospital bill after suffering stroke – The Guardian

Posted September 20th, 2021 in asylum, fees, government departments, hospitals, immigration, medical treatment, news by tracey

‘Simba Mujakachi, a personal trainer, was just 29 years old in June 2019 when he suffered a catastrophic stroke that left him comatose. When he awoke, he was paralysed on his left side and unable to talk or eat. His stroke could have been prevented by relatively inexpensive medication for a blood clotting condition that, as a refused asylum seeker, he was not entitled to on the NHS.’

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The Guardian, 18th September 2021

Source: www.theguardian.com

NHS trusts wrongly billing vulnerable migrants for maternity care, says charity – The Guardian

‘NHS trusts are wrongly hounding vulnerable migrant women for payment of bills of thousands of pounds for maternity care, according to a report.’

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The Guardian, 17th September 2021

Source: www.theguardian.com

In the Footsteps of Sir Francis Drake: Home Office Plans for the Seas in the Nationality and Borders Bill – EIN Blog

Posted September 16th, 2021 in asylum, bills, enforcement, immigration, international law, news, shipping law, ships by tracey

‘By its Nationality and Borders Bill, through new maritime enforcement powers, the Home Office seeks to extend its activity, beyond the United Kingdom territory, beyond UK territorial waters, and into international waters and into foreign waters. In so doing it seeks powers to stop, board, divert, and detain foreign ships and ships without nationality.’

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EIN Blog, 15th September 2021

Source: www.ein.org.uk

Councils launch legal action against Home Office over ‘unfair’ asylum dispersal system – The Independent

Posted September 16th, 2021 in asylum, government departments, local government, news by tracey

‘A group of cross-party local council leaders have launched legal action against the Home Office over its “unfair” and ”fundamentally flawed” asylum dispersal system, which they say is leading to vulnerable migrants missing out on vital services.’

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The Independent, 15th September 2021

Source: www.independent.co.uk

Home Office hotels for asylum seekers ‘akin to detention centres’ – report – The Guardian

Posted September 16th, 2021 in asylum, health & safety, hotels, news, reports by tracey

‘Conditions in hotels used by the Home Office to accommodate asylum seekers during the pandemic are akin to detention centres, according to a report that also says accommodation is often sub-standard and sometimes unsafe.’

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The Guardian, 16th September 2021

Source: www.theguardian.com

UK borders bill could criminalise Afghan refugees, UN representative warns – The Guardian

Posted September 15th, 2021 in Afghanistan, asylum, bills, government departments, immigration, news, refugees by tracey

‘The UN’s refugee chief in London has said the introduction of the new nationality and borders bill could criminalise Afghan people who manage to escape the Taliban.’

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The Guardian, 14th September 2021

Source: www.theguardian.com

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