‘Landlords are preparing to turn away tenants just because they have a foreign accent, as a consequence of new rules making it an offence to let rooms to illegal migrants.’
Full story
The Independent, 15th February 2015
Source: www.independent.co.uk
‘Home Office Minister James Brokenshire has admitted UK-born citizens who want to bring their spouses into the UK from outside the EU are getting a raw deal.’
BBC News, 10th February 2015
Source: www.bbc.co.uk
‘The Counter Terrorism and Security Bill was introduced into the House of Commons on 7 January 2015 using a semi-fast-track procedure. The Bill provides for new powers to seize travel documents from individuals suspected of terrorism, for increased powers to retain internet data under the Regulation of Investigatory Powers Act 2000 (RIPA), and more intrusive measures under the Terrorism Prevention and Investigation Measures Act 2011. This comment focuses on one aspect of the Bill: the “temporary exclusion orders” (TEOs) proposed in Chapter Two. These TEOs would allow the Home Secretary to make an executive order to invalidate an individual’s passport whilst s/he is abroad if there is “reasonable suspicion” that s/he has been involved in terrorism or terrorism related activity outside of the United Kingdom. Such orders may remain in force for up to two years. This means that affected individuals can only return to the UK if they become the subject of a “managed return” during which they may be subject to conditions consistent with obligations in the existing Terrorism Prevention and Investigation Measures Act.’
UK Constitutional Law Association, 27th Janaury 2015
Source: www.ukconstitutionallaw.org
‘The Home Office has quietly tightened up the criteria for granting British citizenship under the good character test. This had passed me by so I thought it useful to flag up – and many thanks to Alex Moran for point it out. A number of undesirable behaviours have been added to the list of disqualifying behaviour, including illegal entry, assisting illegal migration and evasion of immigration control. The changes seem to have been made on 11 December 2014. The previous version of the guidance can be seen here and the new version here.’
Free Movement, 8th January 2015
Source: www.freemovement.org.uk
‘The approach to applications for extensions of time for filing a notice of appeal should be the same as for applications for relief from sanctions and should attract the same rigorous approach.’
WLR Daily, 16th December 2014
Source: www.iclr.co.uk
‘CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default.’
Zenith PI Blog, 17th December 2014
Source: www.zenithpi.wordpress.com
‘Urgently-needed legislation which will give the UK some of the toughest powers in the world to tackle the increasing threat from international terrorism was introduced today.’
Home Office, 26th November 2014
Source: www.gov.uk/home-office
‘Many practitioners are concerned about the increasing use of draconian powers to deprive people of their citizenship and the related “evil of statelessness” (which is the subject of the UNCHR’s latest campaign.) Last week, a 7-member Supreme Court panel heard the latest round of arguments on these issues in the case of Secretary of State for the Home Department v B2. The appeal comes in the wake of government proposals to limit the right of British Citizens to return to the UK following suspected terrorist activity abroad. It could have profound implications for the government’s approach to “British jihadis”.’
Free Movement, 26th November 2014
Source: www.freemovement.org.uk
‘Whatever else can be said about the war on terrorism, it has been hugely influential in the shaping of the law (statutory, common law and European). The latest proposal to come from the Coalition is a “Temporary Exclusion Order”, announced in the press in September. It was “re-booted” in November and we are told that these will feature in the new Counter-Terrorism and Security Bill (name not confirmed) due before Christmas. The Bill is in fact scheduled to be published later this week, but these things sometimes slip.’
Halsbury’s Law Exchange, 25th November 2014
Source: www.halsburyslawexchange.co.uk
‘A Muslim convert, stripped of his British citizenship because of alleged extremism, is appealing to the Supreme Court that he has been left stateless.’
BBC News, 18th November 2014
Source: www.bbc.co.uk
‘The Court of Appeal found a significant cognitive deficit, and consequent lack of capacity, notwithstanding recent evidence of minimal cognitive dysfunction, resulting in damages of equivalent to £2.3 million on a full liability basis.’
Zenith PI Blog, 21st October 2014
Source: www.zenithpi.wordpress.com
‘Britain should resist a rush to overhaul its fundamental legal principles in the face of an “unproven threat” from homegrown militants fighting in Syria and Iraq, the former global counter-terrorism director of MI6 has said. In an interview with the Guardian, Richard Barrett criticised government plans for new laws to tackle British extremists and warned against Boris Johnson’s suggestion that Britons who travel to Iraq or Syria should be presumed guilty of involvement in terrorism unless they can prove their innocence.’
The Guardian, 25th August 2014
Source: www.guardian.co.uk
‘The proposed deportation to Jamaica of a man convicted of drug smuggling and manslaughter would breach his rights under Article 8 and Article 14 because he had not obtained British citizenship on grounds of illegitimacy, the High Court has ruled.’
UK Human Rights Blog, 22nd July 2014
Source: www.ukhumanrightsblog.com
‘Information for British nationals who are considering entering into surrogacy arrangements in foreign countries.’
Home Office, 26th June 2014
Source: www.gov.uk/home-office
‘Recently I have seen an increase in EU nationals enquiring about becoming British. I always ask the client why they feel the need (given the extensive rights that EU law secures) to move between EU states. The invariable answer is a fear that Britain will leave the EU.’
Halsbury’s Law Exchange, 12th February 2014
Source: www.halsburyslawexchange.co.uk
Onuekwere v Secretary of State for the Home Department (Case C-378/12); [2014] WLR (D) 7
‘Under article 16(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, periods of imprisonment in the host member state of a third-country national, who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods, could not be taken into consideration in the context of the acquisition by that national of the right of permanent residence for the purposes of that provision. The continuity of residence was interrupted by periods of imprisonment in the host member state of a third country national who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods for the purposes of article 16(2) and (3).’
WLR Daily, 16th January 2014
Source: www.iclr.co.uk
“An Afghan national suspected of travelling abroad for terrorist training has failed in an attempt to retain British citizenship.”
The Guardian, 13th November 2013
Source: www.guardian.co.uk
“In late 2007, the Secretary of State for the Home Department made an order depriving Mr Al Jedda, who had been granted British citizenship in 2000, of his citizenship, under the British Nationality Act 1981. Section 40(4) of the Act prohibits the deprivation of nationality where the effect would be to render the person stateless.”
UK Human Rights Blog, 14th October 2013
Source: www.ukhumanrightsblog.com
Al-Jedda v Secretary of State for the Home Department: [2013] UKSC 62; [2013] WLR (D) 371
“In considering whether an order depriving a person of British citizenship would make him stateless, as required by s 40(4) of the British Nationality Act 1981, as amended, the Home Secretary, and on appeal the court, had simply to identify whether the person held another nationality at the date the order was made. The section did not permit, or require, the Home Secretary to assert that the person’s failure to apply for restoration of another nationality which he would be bound to obtain, rather than the making of the deprivation order itself, made him stateless.”
WLR Daily, 9th October 2013
Source: www.iclr.co.uk
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