Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog

‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’

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UK Human Rights Blog, 6th December 2013

Source: www.ukhumanrightsblog.com

Isa Muaza granted more time in UK – The Guardian

Posted December 6th, 2013 in asylum, deportation, judicial review, news, restraint orders by tracey

‘Asylum seeker who was returned to UK in a failed deportation attempt will stay in the country pending judicial review.’

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The Guardian, 5th December 2013

Source: www.guardian.co.uk

Woman with IQ of 49 ‘was targeted for sham marriage’ – The Independent

‘A young woman with learning difficulties was “deliberately targeted” for a sham marriage to bolster a man’s immigration case, a High Court judge has ruled.’

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The Independent, 3rd December 2013

Source: www.independent.co.uk

Welfare of child not a trump card against deportation – UK Human Rights Blog

‘The Supreme Court has clarified the principles to be applied when considering the welfare of children in deportation cases. The following summary is based on the Supreme Court’s Press Summary.’

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UK Human Rights Blog, 29th November 2013

Source: www.ukhumanrightsblog.com

Zoumbas v Secretary of State for the Home Department – WLR Daily

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458

“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

‘Close to death’ hunger striker faces imminent deportation after court defeat – The Independent

Posted November 26th, 2013 in appeals, asylum, demonstrations, deportation, detention, immigration, news by tracey

‘A man who is “close to death” after being on hunger strike in immigration detention for three months could be sent back to Nigeria on Wednesday after his case failed in the Court of Appeal.’

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The Independent, 25th November 2013

Source: www.independent.co.uk

Inquiry Impasse, Charter Confusion and Competition Time – The Human Rights Roundup – UK Human Rights Blog

Posted November 25th, 2013 in asylum, detention, EC law, human rights, inquiries, Iraq, news, terrorism, torture by tracey

‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’

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UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Dying asylum seeker on hunger strike must stay in custody, says high court – The Guardian

Posted November 20th, 2013 in asylum, demonstrations, deportation, detention, immigration, news by sally

“A failed asylum seeker said to be near death following an 85-day hunger strike in protest at his detention must remain in custody, the high court ruled on Tuesday.”

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The Guardian, 19th November 2013

Source: www.guardian.co.uk

Federal Republic of Germany v Puid – WLR Daily

Posted November 15th, 2013 in asylum, EC law, immigration, law reports by tracey

Federal Republic of Germany v Puid: Case C-4/11;   [2013] WLR (D)  435

“Where member states could not be unaware that systemic deficiencies in the asylum procedure and in the conditions for the reception of asylum seekers existed in the member state initially identified as responsible for examining an asylum application, the member state which was determining the member state responsible was required not to transfer the asylum seeker to the initial member state and, subject to the exercise of the right itself to examine the application, to establish whether another member state could be identified as responsible in accordance with one of the criteria set out in Chapter III of Council Regulation (EC) No 343/2003.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Watch that Charter – UK Human Rights Blog

Posted November 12th, 2013 in asylum, EC law, human rights, news, torture, treaties by tracey

“AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin). Here unfolds a story of sophisticated abuse of the asylum system in this country by an individual skilfully shamming persecution. Nor did the security agents who escorted the claimant on his departure come up smelling of roses: it emerged during the course of these proceedings that they had falsified a room clearance certificate to boost the defence case.”

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UK Human Rights Blog, 8th November 2013

Source: www.ukhumanrightsblog.com

G4S staff at Brook House centre ‘falsified document’ – BBC News

“A High Court judge has asked prosecutors to consider forgery and contempt charges after claiming staff at an immigration removal centre falsified a document.”

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BBC News, 11th November 2013

Source: www.bbc.co.uk

R ota Nfuni v Solihull MBC [2013] EWHC 3155 – Education Law Blog

Posted November 7th, 2013 in asylum, children, education, immigration, local government, news, universities by tracey

“In this case the claimant was a failed asylum seeker.  She had arrived in the UK at the age of 16. When she turned 18, the local authority continued to support her accommodation and education under section 23C of the Children Act 1989. This imposes after-care duties towards ‘former relevant children’, including by subsection (4) financial assistance in connection with education or training ‘to the extent that [her] welfare and [her] educational or training needs require it’. ”

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Education Law Blog, 27th October 2013

Source: www.education11kbw.com

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same – WLR Daily

Posted November 4th, 2013 in asylum, EC law, judicial review, law reports by sally

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same [2013] EWHC 3295 (Admin); [2013] WLR (D) 414

“The procedural requirements to be followed when making a request to another member state pursuant to Council Regulation (EC) No 343/2003 to accept responsibility for processing an asylum claim of a third country national were those set out in the relevant European Union regulations themselves. There was no obligation to undertake additional procedural steps either as a matter of domestic public law, or on the basis that further procedural obligations ought to be implied into the provisions of the relevant EU regulations.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

Al Quaida list and the use of prerogative powers – UK Human Rights Blog

“There was nothing unlawful in the Foreign Secretary’s decision to allow a UK resident to be added to the UN’s Consolidated List of members of Al-Quaida and its associates.”

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UK Human Rights Blog, 1st November 2013

Source: www.ukhumanrightsblog.com

MF (Nigeria) v Secretary of State for the Home Department – WLR Daily

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192; [2013] WLR (D) 380

“The new immigration rules, introduced by Statement of Changes in Immigration Rules (2012) (HC 194) into Statement of Changes in Immigration Rules (1994) (HC 395), which concerned the deportation of foreign criminals and the evaluation of their article 8 rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, were a complete code. Where a foreign criminal came within the provisions of paragraph 399 or 399A of HC395, as amended,, he could be entitled to leave to remain on a limited or indefinite basis on article 8 grounds, but where those paragraphs did not apply very compelling reasons, described as ‘exceptional circumstances’, would be required to outweigh the public interest in deportation.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

Abu Anas al-Libi arrest: Why was ‘most wanted’ al-Qa’ida terror suspect given UK asylum? – The Independent

Posted October 7th, 2013 in asylum, Libya, news, terrorism by sally

“Theresa May faces questions from MPs over why Britain granted asylum to one of the world’s most wanted al-Qa’ida terror suspects.”

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The Independent, 7th October 2013

Source: www.independent.co.uk

Rights judges halt deportation of ‘killer monk’ – Daily Telegraph

Posted September 16th, 2013 in appeals, asylum, Bangladesh, deportation, human rights, murder, news, prisons, standards by tracey

“Ministers are facing a fresh challenge on human rights grounds to their ability to deport foreign criminals.”

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Daily Telegraph, 15th September 2013

Source: www.telegraph.co.uk

Syrian refugee jailed in UK for using false papers – The Guardian

“Campaigners say conviction of asylum seeker for using fake papers and similar cases is abuse of immigration law.”

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The Guardian, 24th August 2013

Source: www.guardian.co.uk

Twitter Trolls, Tribunal Online (Finally), Don’t go Home – The Human Rights Roundup – UK Human Rights Blog

“This week, judicial review continued to take a beating, the Home Office backed down over their ‘Go Home’ campaign and the legal implications behind the twitter threat debacle were considered. And, finally, the immigration and asylum tribunal launched a useful online search service.”

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UK Human Rights Blog, 19th August 2013

Source: www.ukhumanrightsblog.com