Public law children case update: contact, nationality and stays – Local Government Lawyer

‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’

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Local Government Lawyer, 18th September 2020

Source: www.localgovernmentlawyer.co.uk

Passports: Foreign law must be proved by expert evidence – EIN Blog

‘Hussein and Another (Status of passports: foreign law) [2020] UKUT 250 (IAC): CMG Ockelton VP has explained that (i) a person who holds a genuine passport, apparently issued to him, and not falsified or altered, has to be regarded as a national of the State that issued the passport, (ii) the burden of proving the contrary lies on the claimant in an asylum case, and (iii) foreign law (including nationality law) is a matter of evidence, to be proved by expert evidence directed specifically to the point in issue. The appellant Mr Hussein, who had permission to appeal, and the applicant Mr Abdulrasool, who was seeking permission to appeal, were father and son who made asylum claims, which were refused. The applicant, who was born in 2000, additionally claimed that he was so dependent on his parents that it would be disproportionate to remove him from the UK. Mr Hussein’s wife and two minor children were included in the appellant’s claim as his dependents. Both men gave their oral evidence in a hearing before FTTJ McAll in January 2020 as did Mr Hussein’s brother. The SSHD was not present and FTTJ McAll considered Mr Hussein’s claimed history in detail. He decided that he was untruthful and concluded that he had fabricated important parts of his account supporting his asylum claim. He decided that Mr Hussein was a national of Tanzania and could be returned there. He disbelieved the asylum claim and concluded that there was no good article 8 reason why he should not leave the UK and return to his country of nationality. Both appeals were dismissed.’

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EIN Blog, 7th September 2020

Source: www.ein.org.uk

Family Law Newsletter – Spire Barristers

Posted August 27th, 2020 in care orders, children, citizenship, contact orders, coronavirus, news by sally

‘Issue #37 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton. Georgina commences pupillage at Spire Barristers in September 2020.’

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Spire Barristers, 26th August 2020

Source: spirebarristers.co.uk

Windrush payout scheme not fit for purpose, say lawyers – The Guardian

‘The Windrush compensation scheme is failing to provide access to justice and is worsening people’s trauma, according to a letter sent from nine law firms to the home secretary.’

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The Guardian, 27th August 2020

Source: www.theguardian.com

Naturalisation for EU citizens: comprehensive sickness insurance, the elephant in the room – EIN Blog

Posted August 19th, 2020 in brexit, citizenship, EC law, health, immigration, insurance, news by sally

‘As we head towards the end of the UK’s Brexit implementation period on 31 December 2020, the thoughts of many EU nationals (here I use the term to include EEA & Swiss citizens too) who have lived, studied and worked in this country, often for many years, are turning to becoming British.’

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EIN Blog, 19th August 2020

Source: www.ein.org.uk

Court of Appeal hands down ruling on changing nationality of children in care – Local Government Lawyer

‘A local authority cannot seek to change the nationality of children in care without the matter being considered by the High Court, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th August 2020

Source: www.localgovernmentlawyer.co.uk

Windrush Lawyers: ‘The Government Is Placing Boulders In The Way Of Justice’ – Each Other

‘It has been more than a year since the government launched its scheme to compensate victims of the Windrush scandal, and at least five applicants have died before receiving a penny. EachOther speaks to Windrush lawyers about the “boulders” being placed in the way of justice and what needs to be done.’

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Each Other, 6th August 2020

Source: eachother.org.uk

Shamima Begum: Bid to return in citizenship fight goes to Supreme Court – BBC News

‘The case of runaway Shamima Begum, who is fighting to return to the UK from Syria, will go to the Supreme Court.’

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BBC News, 31st July 2020

Source: www.bbc.co.uk

Frozen pensions: injustices faced by Windrush generation in spotlight – The Guardian

‘Campaigners urge new working group to look into why some retirees living abroad are penalised.’

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The Guardian, 25th July 2020

Source: www.theguardian.com

‘Fighting to prove we’re British’ – BBC News

Posted July 21st, 2020 in citizenship, deportation, news by sally

‘Remi, Sharon and Leonardo are all struggling to secure their lives in the UK after learning they’re not legally British.’

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BBC News, 21st July 2020

Source: www.bbc.co.uk

What Shamima Begum’s Case Means For Our Right To A Fair Trial – Each Other

‘The UK is the country Shamima Begum was born, raised, groomed and radicalised in. Like any Briton accused of any crime – she must have the right to a fair trial, writes human rights lawyer Shoaib M Khan.’

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Each Other, 17th July 2020

Source: eachother.org.uk

Why is this government so eager to strip people like Shamima Begum of their citizenship? – The Guardian

Posted July 20th, 2020 in appeals, citizenship, government departments, human rights, news, terrorism by sally

‘As makeshift desert prisons collapse, Britain is in real danger of losing track of its imprisoned nationals.’

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The Guardian, 17th July 2020

Source: www.theguardian.com

Who is Shamima Begum and how do you lose your UK citizenship? – BBC News

Posted July 17th, 2020 in appeals, citizenship, news, terrorism by sally

‘Shamima Begum is to be allowed to return to the UK to fight the decision to remove her citizenship.’

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BBC News, 16th July 2020

Source: www.bbc.co.uk

Shamima Begum can return to UK to fight for citizenship, Court of Appeal rules – BBC News

‘Shamima Begum should be allowed to return to the UK to fight the decision to remove her British citizenship, the Court of Appeal has ruled.’

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BBC News, 16th July 2020

Source: www.bbc.co.uk

EU citizens will be deported for minor offences under Priti Patel’s post-Brexit immigration crackdown, lawyer warns – The Independent

‘EU citizens will be deported for minor offences under Priti Patel’s post-Brexit immigration crackdown, despite having permission to stay, a leading lawyer has warned.’

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The Independent, 14th July 2020

Source: www.independent.co.uk

London-born twins face deportation to different countries – The Guardian

‘Twins who were born in London and have never left the UK face deportation to different countries in the Caribbean where they have no close relatives, their families have told the Guardian.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

Windrush: at least five who applied for compensation die before receiving it – The Guardian

‘At least five people have died before receiving the Windrush compensation they had applied for, the government has revealed, reigniting concern about the slowness of the scheme.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

EP 117: Systemic Racial Inequality – Windrush and the Bar – Martin Forde QC – Law Pod UK

‘In Episode 117, Emma-Louise Fenelon talks to Martin Forde QC on systemic racial inequality relating to Windrush, immigration history and at the Bar.’

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Law Pod UK, 25th June 2020

Source: audioboom.com

Windrush lawyer Jacqueline McKenzie: ‘The Home Office is treating people with contempt’ – The Guardian

Posted June 23rd, 2020 in citizenship, colonies, deportation, immigration, news, racism, solicitors by sally

‘The lawyer representing 200 victims of the Windrush scandal says systemic racism is at the root of the problem.’

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The Guardian, 22nd June 2020

Source: www.theguardian.com

‘I feel targeted’: Windrush victim decries compensation delays as racism – The Guardian

‘Anthony Williams arrived in Birmingham from Jamaica aged seven in 1971, and went to primary and secondary school before joining the army and serving with the Royal Artillery for 13 years. Later, he had a successful second career as a fitness instructor until 2013, when he found himself classified as an illegal immigrant and sacked from his job.’

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The Guardian, 21st June 2020

Source: www.theguardian.com