UK can strip terror suspects of citizenship, European judges rule – The Guardian

Posted March 10th, 2017 in citizenship, human rights, news, terrorism by sally

‘European human rights judges have ruled that Theresa May’s policy of stripping British terror suspects of their citizenship while abroad to bar them from returning to Britain is lawful.’

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The Guardian, 9th March 2017

Source: www.guardian.co.uk

Brexit briefing: Securing EEA Nationals’ Residence Rights – Free Movement

Posted February 22nd, 2017 in advocacy, brexit, citizenship, documents, EC law, government departments, immigration, news by sally

‘The rights of EEA nationals (plus Swiss) to reside in the UK are primarily addressed in the Citizens Directive (Directive 2004/38/EC) which is implemented in the United Kingdom in the Immigration (European Economic Area) Regulations 2016.’

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Free Movement, 21st February 2017

Source: www.freemovement.org.uk

Members of Rochdale grooming gang face deportation to Pakistan – The Guardian

Posted February 10th, 2017 in appeals, citizenship, deportation, news, sexual grooming, sexual offences by tracey

‘Four members of a child grooming gang are facing deportation to Pakistan after losing a legal appeal against their British citizenship being revoked.’

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The Guardian, 9th February 2017

Source: www.guardian.co.uk

Immigration tribunal President blasts legal representatives in sex grooming gang appeal – Free Movement

‘President McCloskey has blasted the representatives for both claimants and the Home Office in his latest determination of Shabir Ahmed and others (sanctions for non – compliance) [2016] UKUT 00562 (IAC).’

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Free Movement, 13th January 2017

Source: www.freemovement.org.uk

British born children entitled to citizenship but caught in an evidence trap – Legal Voice

Posted November 18th, 2016 in children, citizenship, evidence, news, social services by sally

‘There are many impediments to children registering their entitlement to British citizenship. Solange Valdez and Steve Symonds have previously written for Legal Voice on the separate issues of good character and Home Office fees. A whole other set of difficulties arises for many children in relation to evidence.’

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Legal Voice, 18th November 2016

Source: www.legalvoice.org.uk

European Parliament considers plan to let individual Brits opt-in to keep their EU citizenship – The Independent

Posted November 9th, 2016 in amendments, brexit, citizenship, EC law, freedom of movement, news by sally

‘The European Parliament is to consider a plan that would allow British citizens to opt-in and keep their European Union citizenship – and its associated benefits – once the UK leaves the EU.’

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The Independent, 8th November 2016

Source: www.independent.co.uk

QS v RS – WLR Daily

Posted October 31st, 2016 in adoption, children, citizenship, domicile, foreign jurisdictions, news by sally

QS v RS [2016] EWHC 2470 (Fam)

‘The parents who were British citizens adopted a child in Nepal in 2008. Neither parent was habitually resident or domiciled in Nepal at the time of the adoption, both being domiciled in the United Kingdom. The family moved to Dubai and the child was granted British citizenship. Soon afterwards the marriage broke down leading to a troubled period of dispute between the parents. The father remained living in Dubai and the mother in due course resided in the United Kingdom. The child, aged 12, resided with the father in Dubai. The mother applied, inter alia, for the recognition of the child’s foreign adoption order at common law and for a declaration under section 57 of the Family Law Act 1986 that she was the adopted child of the parents for the purposes of section 67 of the Adoption and Children Act 2002. The issue arose whether, in the light of the common law rule that an English court was not entitled to recognise a foreign adoption order unless the adopting parents were domiciled (or habitually resident) in the relevant country at the time of the adoption, there were any circumstances in which that rule did not apply or might not be applied such that a foreign adoption would be recognised in England notwithstanding that at the time of the adoption the adopters were not domiciled in that country.’

WLR Daily, 10th October 2016

Source: www.iclr.co.uk

Alison Young: Towards an Expository Justice Approach to Human Rights Adjudication? – UK Constitutional Law Association

‘The recent Supreme Court Case of R (Johnson) v Secretary of State for the Home Department, [2016] UKSC 56, appears at first glance to be a straightforward human rights claim. Lady Hale, giving the agreed judgment of the court, concluded that Johnson’s Convention rights had been breached. Because of the specific nature of the challenge brought by Johnson, the breach of his Convention rights could be remedied by quashing a decision of the Home Secretary. However, Lady Hale then went on to discuss whether a declaration of incompatibility should still be made, concluding that paragraph 70 of Schedule 9 of the Immigration Act 2014 was incompatible with Convention rights, and therefore ‘[t]he court will make a declaration to that effect, although it is not necessary to do so in order to dispose of this case.’ This calls into the question the nature and role of human rights adjudication: should courts merely provide remedies for those whose rights have been infringed, or should they also prompt action to remedy potential infringements of rights, or both?’

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UK Constitutional Law Association, 25th October 2016

Source: www.ukconstitutionallaw.org

Criminal with unmarried parents avoids ‘discriminatory’ deportation – BBC News

Posted October 20th, 2016 in appeals, citizenship, marital status discrimination, news, Supreme Court by tracey

‘A man jailed for manslaughter has won his battle against deportation after judges ruled he was being discriminated against because his parents were unmarried.’

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BBC News, 19th October 2016

Source: www.bbc.co.uk

Brexit: are EU Citizens in limbo? – Halsbury’s Law Exchange

Posted August 22nd, 2016 in brexit, citizenship, EC law, immigration, news, referendums by sally

‘“Brexit means Brexit”, or so says our new Prime Minister. Sadly, it is almost certainly not as simple as that. The UK has voted for Brexit, but which Brexit?’

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Halsbury’s Law Exchange, 22nd August 2016

Source: www.halsburyslawexchange.co.uk

Brexit: What should EEA and EU nationals and their family members do now? – Free Movement

‘On 24 June 2016 the right to live in the United Kingdom for over 3 million people of its people was suddenly cast into doubt. If generous provision is not made for them we are looking at the biggest mass expulsion of population since 1290, when Edward I infamously ordered the Jews of England into exile.’

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Free Movement, 12th July 2016

Source: www.freemovement.org.uk

Expats lose Supreme Court bid for EU referendum vote – BBC News

‘Two Britons living abroad have lost their Supreme Court battle over the right to vote in June’s EU referendum.’

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BBC News, 24th May 2016

Source: www.bbc.co.uk

Brexit brainstorming: immigration analysis – New Law Journal

Posted May 11th, 2016 in brexit, citizenship, EC law, freedom of movement, immigration, news, referendums by sally

‘How will UK-based EU citizens fare in the event of a full Brexit? Kate Beaumont gets an expert opinion from Tim Eicke QC.’

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New Law Journal, 6th May 2016

Source: www.newlawjournal.co.uk

Ex-pats challenge to the EU referendum voting rules – UK Human Rights Blog

‘Schindler and MacLennan v. Chancellor of the Duchy of Lancaster and Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 957, Divisional Court 28 April 2016. An interesting, albeit unsuccessful, challenge to the rule which prohibits expatriates who were last registered to vote in the UK more than 15 years ago from voting in the forthcoming referendum on EU membership.’

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UK Human Rights Blog, 28th April 2016

Source: www.ukhumanrightsblog.com

Shabir Ahmed: Sex gang leader appeals over deportation – BBC News

‘The ringleader of a child sex grooming gang has appealed against deportation from Britain on human rights grounds.’

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BBC News, 16 February 2016

Source: www.bbc.co.uk

Regina (MM) v Secretary of State for the Home Department – WLR Daily

Posted February 1st, 2016 in citizenship, families, Islam, judicial review, law reports, public interest, terrorism by tracey

Regina (MM) v Secretary of State for the Home Department: [2015] EWHC 3513 (Admin); [2015] WLR (D) 503

‘The Secretary of State for the Home Department had no discretion to refuse citizenship by naturalisation under section 6(1) of the British Nationality Act 1981 in order to deter potential extremists from their activities through knowing that family members would not be naturalised in consequence.’

WLR Daily, 3rd December 2015

Source: www.iclr.co.uk

Refusal and revocation of British citizenship for dishonest conduct – Free Movement

Posted January 20th, 2016 in asylum, citizenship, deceit, fraud, immigration, news, statistics by sally

‘In another reminder that British citizenship can be refused on the basis of past dishonest conduct we have the case of R (on the application of Rushiti & Anor) v Secretary of State for the Home Department [2014] EWHC 3931 (Admin). This one dates back a few months but I’m afraid I only just found it in my drafts folder. It involves two linked cases, both of which are further examples of Albanians entering the UK and pretending to be Kosovar, eventually obtaining immigration status then applying for British citizenship.’

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Free Movement, 18th January 2016

Source: www.freemovement.org.uk

Refusal of citizenship to wife and children of Islamist extremist declared unlawful – Free Movement

Posted December 8th, 2015 in citizenship, families, good character, news by sally

‘The Secretary of State for the Home Department refused the citizenship applications of the wife and two minor children of an Islamist extremist on good character grounds. The refusal was justified by the Home Office as punishment by proxy which would have the effect of deterring other extremists. The High Court has declared that unlawful in the case of MM & GY & TY v Secretary of State for the Home Department [2015] EWHC 3513 (Admin).’

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Free Movement, 8th December 2015

Source: www.freemovement.org.uk

Family of hate preacher linked to ‘Jihadi John’ win right to UK citizenship – Daily Telegraph

‘Hani al-Sibai has been on a terror sanctions list since 2005 and resisted deportation to his native Egypt for almost 20 years – but the High Court has ruled his family should be given UK citizenship.’

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Daily Telegraph, 5th December 2015

Source: www.telegraph.co.uk

Islamist extremist’s wife and children win citizenship battle – BBC News

Posted December 4th, 2015 in citizenship, families, news, terrorism by tracey

‘The wife and children of an Islamist extremist linked to al-Qaeda have won a legal battle against the Home Secretary’s refusal to grant them UK citizenship.’

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BBC News, 3rd December 2015

Source: www.bbc.co.uk