‘The Hon Mr Justice Hickinbottom gave a speech at The First Administrative Court in Wales Lecture on “Administrative Court in Wales – Evolution or Revolution” on 20 February 2014.’
Judiciary of England and Wales, 6th March 2015
Source: www.judiciary.gov.uk
Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141; [2015] WLR (D) 96
‘The Government was not obliged to make lump sum payments to successful applicants for asylum representing the difference between the support they received while their application was being processed and mainstream benefits.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
‘Migrants and asylum seekers can be locked up at the high-security detention centre indefinitely. Reports of abuse, self-harm and suicide are rife. Now MPs are calling for an end to the ‘expensive, ineffective and unjust’ system. In a rare report, inmates describe their misery.’
The Guardian, 3rd March 2015
Source: www.guardian.co.uk
‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’
WLR Daily, 19th December 2014
Source: www.iclr.co.uk
‘It has been described as the “black hole at the heart of British justice”. Thousands of people, most of whom have been convicted of no crime, detained for as long as government officials wish.’
The Independent, 6th January 2015
Source: www.independent.co.uk
‘I’ve now come across two cases in which judges of the First-tier Tribunal Immigration and Asylum Chamber have imposed unwanted anonymity orders on parties without any application or notice. One case is reported here and the other can’t be reported because of, well, the anonymity order. In both cases there was media interest beforehand and the orders acts as a gagging orders, preventing the parties from discussing their case with the media, even though the cases and the identities of the appellants had already been reported. In one of the cases the appellant had a child and that provided the reason or pretext for imposing anonymity. In the other unreported case children are named in the determination but are entirely tangental to the case and could easily have not been named.’
Free Movement, 17th December 2014
Source: www.freemovement.org.uk
‘European Court of Justice rules accepting video evidence in asylum cases that hinge on sexuality is a breach of human rights.’
Daily Telegraph, 2nd December 2014
Source: www.telegraph.co.uk
‘A person who had been entitled to the provision of assistance by a local authority under the Children Act 1989 as a child in need, but to whom no assistance was in fact provided, did not fall within the definitions of “looked after” child, “relevant child” and “eligible child” in the 1989 Act and could not therefore, on attaining his majority, become a “former relevant child” for the purposes of section 23C of the 1989 Act, to whom the local authority owed continuing statutory duties for the provision of assistance. Where a local authority mistakenly but not unfairly or unlawfully concluded that a person was not a child and decided not to perform any duties towards him as a child in need under the 1989 Act, its failure to perform those duties was unlawful. The local authority could use its discretionary powers to provide services that it might have been obliged to provide if the person had been a former relevant child.’
WLR Daily, 20th November 2014
Source: www.iclr.co.uk
‘Law is pretty abstract. Unlike the role of a doctor or a builder, that of a lawyer is difficult to explain to a young mind. When my children eventually ask me about what I do when I “work” (confusingly simultaneously a place I seem to go to and a thing I do at home; either takes me away from them) my plan is to explain that I help strangers from far off places find new homes. Like Paddington Bear.’
Free Movement, 1st December 2014
Source: www.freemovement.org.uk
Regina (Cushnie) v Secretary of State for Health [2014] EWHC 3626 (Admin); [2014] WLR (D) 484
‘Regulation 11(c) of the National Health Service (Charges to Overseas Visitors) Regulations 2011 contravened the provisions of section 149 of the Equality Act 2010 by reason of a lack of regard to the need to promote equality of opportunity for disabled people.’
WLR Daily, 5th November 2014
Source: www.iclr.co.uk
‘The Detention Centre in Bedfordshire – privately run, but publicly funded – has a dreadful reputation for its treatment of asylum seekers. Cole Moreton found a way inside to see if its notoriety is deserved.’
The Independent, 16th November 2014
Source: www.independent.co.uk
‘More than a tenth of Home Office interviews of gay and lesbian asylum seekers include “intrusive or unsatisfactory” questions about their sex lives, according to an investigation by the chief inspector of borders and immigration.’
The Guardian, 23rd October 2014
Source: www.guardian.co.uk
‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’
WLR Daily, 9th October 2014
Source: www.iclr.co.uk
The Supreme Court and the Rule of Law (PDF)
Lord Neuberger
The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014
Source: www.supremecourt.uk
‘A ‘career criminal’ has avoided being removed to Jamaica after falsely claiming he was gay and would be persecuted in his home country.’
Daily Telegraph, 29th August 2014
Source: www.telegraph.co.uk
‘The Solicitors Regulation Authority (SRA) is investigating nine criminal law firms over failures in advice to asylum seekers, it has emerged.’
Legal Futures, 26th August 2014
Source: www.legalfutures.co.uk
PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011; [2014] WLR (D) 329
‘When local lawyers obtained relevant documents from a domestic court in relation to an asylum claim and thereafter transmitted them directly to lawyers in the United Kingdom, there was no basis in domestic or European Court of Human Rights jurisprudence for the general approach that there was a rebuttable presumption that documents so obtained were reliable, with the presumption capable of being displaced by evidence or submissions from the Home Secretary. Rather the jurisprudence did no more than indicate that the circumstances of particular cases might exceptionally necessitate an element of investigation by the national authorities in order to provide effective protection against mistreatment, although such a step would frequently not be feasible or it might be unjustified or disproportionate.’
WLR Daily, 18th July 2014
Source: www.iclr.co.uk
‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’
WLR Daily, 9th July 2014
Source: www.iclr.co.uk
‘A High Court judge has ruled that a system for fast-tracking asylum claims has “serious failings” and is being operated unlawfully by the Government.’
Full story
The Independent, 9th July 2014
Source: www.independent.co.uk
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