High court hears case of Afghan family unable to get to UK without biometrics – The Guardian

Posted March 31st, 2022 in Afghanistan, asylum, news, visas by sally

‘A family in hiding in Afghanistan who are eligible for sanctuary in the UK but are unable to escape because they can’t get biometrics done in their home country have taken their case to the high court.’

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The Guardian, 30th March 2022

Source: www.theguardian.com

UK High Court rules blanket seizure of asylum seekers’ phones breached Article 8 ECHR – EIN Blog

‘On 25 March 2022, the UK High Court ruled that the Home Office acted unlawfully and breached human rights and data protection laws by operating a secret, blanket policy of seizing, retaining and extracting data from the mobile phones of asylum seekers arriving by small boat to UK shores between April and November 2020.’

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EIN Blog, 25th March 2022

Source: www.ein.org.uk

Will The UK Welcome People Fleeing Putin’s War In Ukraine? – Each Other

‘As the Russian invasion of Ukraine continues, questions rage, alongside the war, about how the UK should protect Ukrainians seeking refuge.’

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Each Other, 1st March 2022

Source: eachother.org.uk

Vicky Kapogianni: Clause 45 of the Nationality and Borders Bill: A Quasi-Open Window of Access to Justice – UK Constitutional Law Association

Posted February 24th, 2022 in asylum, bills, human rights, judicial review, legal aid, news, refugees by sally

‘Access to justice is a fundamental right in the common law and an essential part of the rule of law. In R v Lord Chancellor Ex Parte Witham, Laws J stated that the common law affords special weight to the right of access to the courts as a constitutional right. Such a constitutional right derives chiefly from two sources, the common law per se and Article 6 of the European Convention on Human Rights (ECHR). One of the major issues, however, for asylum seekers is the fact that the guarantees afforded under Article 6 ECHR, do not apply to asylum decisions. Its wider protection is constrained to the determination of “civil rights and obligations” and the right to asylum is not considered a “civil right” within the context of Article 6 (1) ECHR. Therefore, asylum seekers whose applications for refugee status or humanitarian protection have been unsuccessful, including refugees whose leave to enter or remain has been revoked, are subject to removal under section 10 of the Immigration and Asylum Act 1999.’

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UK Constitutional Law Association, 24th February 2022

Source: ukconstitutionallaw.org

Age assessment and the Kent Intake Unit social worker guidance – Local Government Lawyer

‘The High Court has ruled that the Home Office acted unlawfully in detaining unaccompanied young people for age assessments at a port in Kent. Shu Shin Luh and Antonia Benfield explain why.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Liverpool bomber papers raise fresh questions for Home Office – BBC News

Posted January 24th, 2022 in appeals, asylum, explosives, government departments, immigration, news, terrorism by tracey

‘New details have emerged about the Liverpool bomber Emad Al Swealmeen’s failed asylum attempts – and the false information he used to make his cases.’

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BBC News, 24th January 2022

Source: www.bbc.co.uk

Migrants win High Court unlawful age assessment challenge – BBC News

Posted January 21st, 2022 in asylum, children, government departments, immigration, news, refugees, young persons by sally

‘Two migrants have won a High Court battle after complaining about how their ages were assessed when they arrived in the UK.’

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BBC News, 20th January 2022

Source: www.bbc.co.uk

Home Office age assessment policy for asylum seekers is unlawful, High Court rules – The Independent

‘The Home Office’s process for age assessing young asylum seekers when they arrive in the UK has been ruled unlawful by the High Court.’

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The Independent, 19th January 2022

Source: www.independent.co.uk

‘I’m so afraid’: Child refugees forced to share rooms with adults after being wrongly deemed over 18 – The Independent

‘Child refugees are being forced to share rooms and even beds with adults they do not know as increasing numbers are incorrectly placed in accommodation meant for over-18s by the government, The Independent can reveal.’

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The Independent, 16th January 2022

Source: www.independent.co.uk

Home Office tells Afghan and Yemeni asylum seekers they can return safely – The Guardian

Posted January 13th, 2022 in Afghanistan, asylum, government departments, news by tracey

‘The Home Office has told asylum seekers from some of the world’s biggest conflict zones that it is safe for them to return there, the Guardian has learned.’

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The Guardian, 13th January 2022

Source: www.theguardian.com

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

Nationality and Borders Bill: many of the proposals will negatively affect children, not just those concerning them directly – EIN Blog

‘Hadia (22), Mubin (16), and Hasti (7) along with their mother Khazal were among the 27 people who died in the Channel in November 2021, trying to reach the UK. Other children and young people like them have attempted the dangerous crossing or have made it across the Channel, though we don’t know how many. While not the majority, children do make up a significant proportion of the asylum-seeking population. Between 2010 and 2020, 86,533 children claimed asylum in the UK, while children made up almost a quarter (23%) of UK asylum applicants and dependents during that time. Most (62,321) claimed asylum with their families, making up 17% of asylum seekers overall. The remaining 6% claimed asylum on their own as unaccompanied asylum-seeking children.’

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EIN Blog, 7th January 2022

Source: www.ein.org.uk

Home Office tells asylum seeker he can return to Syria safely – The Guardian

Posted January 10th, 2022 in asylum, deportation, government departments, human rights, immigration, news, refugees by tracey

‘The Home Office has told a Syrian asylum seeker he can return to the country he fled during the war because it is safe to do so, in what is thought to be the first case of its kind.’

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The Guardian, 9th January 2022

Source: www.theguardian.com

Home Office to introduce scientific methods for assessing the age of asylum seekers – Home Office

Posted January 7th, 2022 in asylum, children, government departments, immigration, news by tracey

‘The Home Secretary has announced that the Home Office is establishing a new Scientific Advisory Committee to provide advice on ways of checking how old an asylum seeker is.’

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Home Office, 5th January 2022

Source: www.gov.uk

New scheme aims to resettle 20,000 Afghans in UK – BBC News

Posted January 7th, 2022 in Afghanistan, asylum, government departments, immigration, news, refugees by tracey

‘The government has launched a new scheme to help 20,000 Afghans fleeing their country to resettle in the UK.’

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BBC News, 6th January 2022

Source: www.bbc.co.uk

Trafficking victims entitled to back payments after court ruling – The Guardian

‘Thousands of trafficking victims who had government support payments removed in the midst of the pandemic are entitled to back payments that could run into millions of pounds, following a high court ruling that found the policy to be unlawful.’

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The Guardian, 17th December 2021

Source: www.theguardian.com

Grace period in a time of Covid – UK Human Rights Blog

Posted December 1st, 2021 in asylum, coronavirus, delay, deportation, detention, housing, human rights, immigration, news by sally

‘In R (Babbage) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the Claimant applied for judicial review, claiming that his immigration detention from 27 February 2020 to 29 April 2021 had been unlawful and/or that there was a public law error relating to the delay in the provision of s.4 accommodation. Soole J gave a potentially significant judgment concerning the ambit of the “grace period” for locating s.4 Immigration and Asylum Act 1999 accommodation, i.e. accommodation provided to failed asylum seekers. The judge also made some apposite comments concerning the requirement for appropriate evidence in unlawful detention claims from the relevant decision maker.’

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UK Human Rights Blog, 30th November 2021

Source: ukhumanrightsblog.com

Home Office U-turn on Sri Lankan scientist’s asylum claim – The Guardian

‘The Home Office has U-turned on plans to deport a leading scientist carrying out groundbreaking research into affordable forms of solar energy and allowed him and his family to remain in the UK.’

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The Guardian, 1st December 2021

Source: www.theguardian.com

Victims of sexual violence let down by UK asylum system, report says – The Guardian

Posted November 30th, 2021 in asylum, news, reports, sexual offences, victims by tracey

‘Victims of sexual violence face further abuse and trauma as a result of the UK asylum process and are systematically let down by authorities, according to a report.’

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The Guardian, 29th November 2021

Source: www.theguardian.com

Channel deaths: the UK has clear legal responsibilities towards people crossing in small boats – EIN Blog

‘At least 27 people have drowned in the English Channel attempting to cross in a small boat. There were three children, seven women, one of whom was pregnant, and 17 men. Although a joint search and rescue operation was seemingly launched in the narrow maritime area between the UK and France (which is only 20 miles wide), the highly equipped authorities of both coastal states were not able to intervene in time to save the victims. The British government has responded to these deaths by calling on France to take back anyone who attempts the crossing. Speaking in parliament following the tragedy, Home Secretary Priti Patel placed heavy emphasis on the French government’s responsibility for the tragedy, which she said was “not a surprise”.

Regardless of how these people got there, the UK has clear legal responsibilities to anyone who finds themselves in trouble in the Channel. However much French authorities bolster their own efforts, the UK is obliged by multiple international conventions to maintain robust search and rescue operations in the area.’

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EIN Blog, 26th November 2021

Source: www.ein.org.uk