Daniella Lock: The Shamima Begum Case: Difficulties with ‘democratic accountability’ as a justification for judicial deference in the national security context – UK Constitutional Law Association

‘No doubt much will be written on the Supreme Court’s Shamima Begum ruling handed down on 26 February. The ruling has a number of notable features. In particular, a high level of deference was afforded to the executive which seems to contrast with the Supreme Court’s approach in high profile constitutional cases of recent years (such as, for example, in the Miller cases). A key feature of this deference is that it is offered in a national security context, where judicial deference has often played a role. This deference is partly justified by the Court on the grounds that Ministers are democratically accountable for national security decisions. However, as this post argues, the extent to which democratic accountability is a legitimate ground for judicial deference to national security decisions is questionable in light of current UK practice. This post raises three difficulties with relying on democratic accountability as a ground for deference in the UK national security context.’

Full Story

UK Constitutional Law Association, 9th March 2021

Source: ukconstitutionallaw.org

Shamima Begum and The Humpty Dumpty Supreme Court – Oxford Human Rights Hub

‘On 26 February 2021, the Supreme Court refused permission for Shamima Begum to return to the UK. The Supreme Court judgment in the high-profile case of the British woman who left the UK as a 15-year-old girl to travel to Syria to join the so-called Islamic State, however, resulted in the Court effectively washing its hands of the case staying it until a full hearing can occur in future—a remote possibility. In the judgment, Lord Reed held the Court of Appeal was in error by substituting its own view of the balance to be struck between national security and the applicant’s rights. In so doing, the Court of Appeal did not give the Secretary of State’s assessment due respect. In this brief post, I wish to focus on a principal aspect of the Supreme Court’s judgment: the concept of deference.’

Full Story

Oxford Human Rights Hub, 8th March 2021

Source: ohrh.law.ox.ac.uk

Shamima Begum: SSHD strikes back in Supreme Court – EIN Blog

‘Ms Shamima Begum was born and raised in the UK. She was a British citizen at birth and at age 15 she travelled to Syria with two friends and soon afterwards she married an ISIS fighter and is currently detained in poor conditions in the Al-Roj camp run by the Syrian Democratic Forces. She now wishes to return home to the UK to have a fair and effective appeal. She was deprived of her British citizenship on 19 February 2019 because the SSHD believed that her return would present a risk to national security. She applied for leave to enter (LTE) the UK so that she could pursue an appeal against the deprivation decision. The Court of Appeal unanimously held that the only way Ms Begum, can have a fair and effective appeal is to be permitted to come into the UK to pursue her appeal. King, Flaux and Singh LJJ found that fairness and justice must – on the facts of her case – outweigh any national security concerns. But in a twist of fate, the Supreme Court unanimously held in favour of the SSHD and found that the right to a fair hearing does not trump everything else, such as the public’s safety. The court took the view that if a vital public interest makes it impossible for a case to be fairly heard, then the courts cannot ordinarily hear it. Therefore, her deprivation appeal should be stayed until she can play an effective part in it without compromising the public’s safety.’

Full Story

EIN Blog, 7th March 2021

Source: www.ein.org.uk

Supreme Court: Shamima Begum may be barred from UK – UK Human Rights Blog

‘Since 2019 when Shamima Begum was found in a camp in north Syria, her hopes of returning to the UK have ebbed and flowed (see here and here). Stripped of her British citizenship, she brought three sets of legal proceedings. Last week, after a ruling by the Supreme Court, her hopes receded once more. The Home Secretary was entitled to refuse her entry to the UK to pursue her appeal against the loss of citizenship, the Court ruled. So, Ms Begum’s appeal has been stayed, pending some change in her circumstances which will enable her to participate in a hearing – albeit from outside the UK.’

Full Story

UK Human Rights Blog, 1st March 2021

Source: ukhumanrightsblog.com

Shamima Begum: Isis member loses Supreme Court battle to return to UK – The Independent

Posted February 26th, 2021 in appeals, children, citizenship, human rights, news, Supreme Court, terrorism, young offenders by tracey

‘Shamima Begum has lost her legal battle attempting to return to the UK to fight for her British citizenship. The Supreme Court found that the former Isis member did not need to be in the country to have a “fair and effective appeal”, overturning a previous ruling by the Court of Appeal.’

Full Story

The Independent, 26th February 2021

Source: www.independent.co.uk

UK’s £1,000 child citizenship fee ruled unlawful by appeal court – The Guardian

Posted February 19th, 2021 in appeals, children, citizenship, fees, government departments, news by tracey

‘Home Office fees of £1,000 for children to register as British citizens are unlawful, the court of appeal has upheld in a landmark ruling.’

Full Story

The Guardian, 18th February 2021

Source: www.theguardian.com

EU Settlement Scheme – Read the small print – EIN Blog

Posted February 5th, 2021 in brexit, citizenship, EC law, immigration, news by sally

‘The EU Settlement Scheme is being hailed as a great success, with well over 5 million people who have now applied under the scheme and one might be persuaded to consider it as being a good thing. It would have been much better however, if it had not been a constituent scheme, where people who had been living in the country for decades, were forced to “apply to prove their right to live here” or else face the might of the hostile environment.’

Full Story

EIN Blog, 4th February 2021

Source: www.ein.org.uk

Home Office ignored warnings that could have prevented Windrush suffering, finds watchdog – The Independent

Posted January 14th, 2021 in citizenship, colonies, government departments, immigration, news, reports by tracey

‘The Home Office ignored warnings that could have prevented some of the suffering experienced by the Windrush generation, the government’s own immigration watchdog has said.’

Full Story

The Independent, 13th January 2021

Source: www.independent.co.uk

Home Office leaving stateless people facing detention and destitution, warns UN – The Independent

‘The Home Office is leaving stateless people in the UK at risk of homelessness, destitution and prolonged detention, the UN’s refugee agency has warned. A procedure designed to help regularise the status of stateless individuals in Britain is not functioning as well as it should due to procedural weaknesses and the approach to decision-making, the UNHCR said.’

Full Story

The Independent, 16th December 2020

Source: www.independent.co.uk

Home Office sued by family of Windrush man refused UK citizenship – The Guardian

‘The family of a Windrush man denied British citizenship on the grounds that he failed a good character requirement are suing the Home Office to try to change legislation, arguing the rules are racially discriminatory.’

Full Story

The Guardian, 10th December 2020

Source: www.theguardian.com

Racism within the Windrush compensation scheme – The Guardian

‘The Guardian’s Amelia Gentleman wrote her first story on the Windrush scandal almost three years ago – yet she is still hearing from people facing injustice. Alexandra Ankrah, the most senior black Home Office employee in the team responsible for the Windrush compensation scheme, discusses why she resigned this year, describing the scheme as systemically racist and unfit for purpose while Samantha Cooper describes her frustrations with trying to access financial help.’

Full Story

The Guardian, 24th November 2020

Source: www.theguardian.com

Shamima Begum: Justice and the jihadi bride – BBC News

Posted November 23rd, 2020 in appeals, children, citizenship, government departments, Islam, news, Supreme Court, terrorism by sally

‘Shamima Begum ran away to Syria as a 15-year-old to join the self-proclaimed Islamic State. But when the terror group was defeated, she ended up in a refugee camp in Syria.’

Full Story

BBC News, 22nd November 2020

Source: www.bbc.co.uk

Windrush: two years on, victims describe long waits and ‘abysmal’ payouts – The Guardian

‘Applicants to the Windrush compensation scheme have spoken about the difficulties they have experienced in securing payouts. Some are concerned by the long delays between applying and being awarded damages, others have expressed unhappiness about the amount they have been offered.’

Full Story

The Guardian, 19th November 2020

Source: www.theguardian.com

Windrush: At least nine victims died before getting compensation – BBC News

‘At least nine people have died before receiving money applied for through the Windrush compensation scheme, according to Home Office figures.’

Full Story

BBC News, 2nd November 2020

Source: www.bbc.co.uk

Fijian-born British soldiers lose latest legal fight to stay in UK – The Guardian

Posted October 27th, 2020 in armed forces, citizenship, immigration, judicial review, medical treatment, news by sally

‘Eight Fijian-born soldiers who served with the British army in Iraq and Afghanistan have been rebuffed in their initial attempt to seek a judicial review of the handling of their immigration claims.’

Full Story

The Guardian, 25th October 2020

Source: www.theguardian.com

Windrush man wrongly classified as illegal immigrant left destitute for a year – The Guardian

‘An electrician who was wrongly classified as being an illegal immigrant, despite living in London for more than 45 years, was destitute as he waited a year for the Windrush taskforce to decide on his application to stay in the UK, the parliamentary ombudsman has ruled.’

Full Story

The Guardian, 25th October 2020

Source: www.theguardian.com

New Brexit law will let vulnerable EU citizens apply late to stay in UK – The Guardian

‘The government is to fast-track legislation that it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

Full Story

The Guardian, 15th October 2020

Source: www.theguardian.com

Windrush report author attacks Home Office’s response – The Guardian

Posted October 15th, 2020 in citizenship, colonies, compensation, diversity, government departments, news, reports by tracey

‘The Home Office has failed to make adequate progress in reviewing its hostile environment policies and must swiftly prove that it is not merely paying “lip service” to the idea of reform, the author of a damning report into the Windrush scandal has told MPs.’

Full Story

The Guardian, 14th October 2020

Source: www.theguardian.com

New Brexit law will allow vulnerable EU citizens to apply late to stay in UK – The Guardian

‘The government is to fast-track legislation it believes will stop vulnerable EU citizens becoming Windrush-type victims of Brexit, it has emerged.’

Full Story

The Guardian, 15th October 2020

Source: www.theguardian.com

Watchdog warns Home Office must use ‘neutral language’ after outrage over ‘activist lawyers’ tweet – The Independent

‘A Home Office watchdog has said the department must use “neutral language” after its repeated use of the term “activist lawyer” prompted outrage.’

Full Story

The Independent, 15th October 2020

Source: www.independent.co.uk