Deportation: Supreme Court revisits Unduly Harsh and Very Compelling Circumstances Tests – EIN Blog

‘On 20 July 2022, the UK Supreme Court gave its judgment in the three joined appeals of HA (Iraq), RA (Iraq) and AA (Nigeria) [2022] UKSC 22. The full judgment can be found here. These were all deportation appeals decided by the Court of Appeal. The Court of Appeal found in favour of the three individuals and the Secretary of State, through the Home Office, appealed to the Supreme Court.’

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EIN Blog, 3rd August 2022

Source: www.ein.org.uk

Chinese seafarers were coerced into leaving UK after war, Home Office admits – The Guardian

Posted August 2nd, 2022 in China, deportation, government departments, news, reports, war by tracey

‘Chinese seafarers with British wives and children were “coerced” into boats leaving Liverpool after the second world war in a “racially inflected” secret government programme, the Home Office has admitted.’

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The Guardian, 2nd August 2022

Source: www.theguardian.com

New Judgment: HA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) RA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) AA (Nigeria) (Respondent) v Secretary of State for the Home Department (Appellant) [2022] UKSC 22 – UKSC Blog

‘These three conjoined appeals concern the statutory regime governing the deportation of foreign criminals under section 117C of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). A “foreign criminal” for the purposes of these appeals is a person who is not a British citizen, is convicted in the UK of an offence, and who is sentenced to a period of imprisonment of at least 12 months. The 2002 Act divides foreign criminals who have been sentenced to terms of imprisonment into two categories. Those sentenced to at least 12 months, but less than four years (“medium offenders”), can avoid deportation if they can establish that its effect on a qualifying child or partner would be “unduly harsh” (“the unduly harsh test”). This is known as Exception 2. Exception 1, which relates to length of lawful residence and integration, is not in issue in this appeal. Those sentenced to at least four years (“serious offenders”) can avoid deportation if they establish that there are “very compelling circumstances, over and above those described in Exceptions 1 and 2” (“the very compelling circumstances test”). Whether deportation would produce unduly harsh effects for a qualifying partner/child is relevant there too.’

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UKSC Blog, 20th July 2022

Source: ukscblog.com

Bill of Rights to strengthen freedom of speech and curb bogus human rights claims – Ministry of Justice

‘Freedom of speech and the views of elected lawmakers will be given greater weight in law under a Bill of Rights introduced to Parliament today (Wednesday 22 June).’

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Ministry of Justice, 22nd June 2022

Source: www.gov.uk

Sudanese trafficking victims must stay in detention, judge rules – The Guardian

‘Three Sudanese victims of torture and trafficking who were threatened with being deported to Rwanda on a controversial charter flight last week have had their pleas to be released from detention rejected by a high court judge.’

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The Guardian, 20th June 2022

Source: www.theguardian.com

British Army veteran ‘living in fear’ as he fights deportation threat after 20 years living in UK – The Independent

‘ British Army veteran who has spent more than 20 years living in the UK is “living in fear each and every second” due to the threat of deportation to Zimbabwe.’

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The Independent, 20th June 2022

Source: www.independent.co.uk

New Judgment: Secretary of State for the Home Department v SC (Jamaica) [2022] UKSC 15 – UKSC Blog

Posted June 16th, 2022 in deportation, human rights, Jamaica, news, Supreme Court by sally

‘The Appellant is a Jamaican national, born in 1991. He came to the UK in December 2001 and has lived here since then. The Appellant’s mother is a lesbian who was persecuted by gang members in Jamaica, at whose hands both the Appellant and his mother suffered violence, harassment and assault. The Appellant and his mother were granted indefinite leave to remain in the UK as refugees in October 2003. The Appellant committed several criminal offences between 2005 and 2012. In June 2012, the Appellant was convicted of assault causing actual bodily harm for which he was sentenced to two years in a young offender’s institution. As a result, the Appellant is a foreign criminal who qualifies for automatic deportation under the UK Borders Act 2007.’

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UKSC Blog, 15th June 2022

Source: ukscblog.com

What is the European Court of Human Rights? Key questions as Rwanda flight grounded – The Independent

‘The first deportation flight of migrants to Rwanda was cancelled at the last minute on Tuesday night following interventions from the European Court of Human Rights.’

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The Independent, 15th June 2022

Source: www.independent.co.uk

Rwanda deportation flight at risk despite loss of two late appeals – The Guardian

Posted June 14th, 2022 in airlines, appeals, asylum, deportation, injunctions, news by tracey

‘Two last-ditch legal challenges that attempted to halt the inaugural flight carrying asylum seekers to Rwanda have been rejected by judges.’

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The Guardian, 13th June 2022

Source: www.theguardian.com

How Deportation Flights Affect Our Human Rights – Each Other

Posted May 26th, 2022 in deportation, human rights, immigration, news by sally

‘Last Wednesday, the UK government deported seven Jamaican nationals living in the UK. Under the UK Borders Act (2007), any foreign national who has served a prison sentence of 12 months or longer may face deportation. One father left behind his partner and his five-year-old daughter. For him, and for others in his position, it will be a struggle to see his family again, despite the right to a family life which is protected under the Human Rights Act (HRA).’

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Each Other, 25th May 2022

Source: eachother.org.uk

Dual national Pakistani killer who renounced British citizenship loses deportation battle in Court of Appeal – EIN Blog

‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’

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EIN Blog, 13th May 2022

Source: www.ein.org.uk

The “unduly harsh” test considered further by Court of Appeal – EIN Blog

‘The question of how to determine whether or not the deportation of a foreign national convicted of criminal offending is a disproportionate interference in the family life that they may share with their partner or child has been explored in a series of cases, including the leading decisions of KO (Nigeria) (Appellant) v Secretary of State for the Home Department [2018] UKSC 53 and HA (Iraq) [2020] EWCA Civ 1176 and has been discussed in detail on the UK Human Rights blog here, here and here.’

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EIN Blog, 26th April 2022

Source: www.ein.org.uk

‘Cruel’ move to deport charity worker from UK overruled – The Guardian

‘An immigration tribunal has overturned a “cruel and morally wrong” decision by the Home Office to deport a well-respected black charity volunteer who grew up in the UK.’

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The Guardian, 9th April 2022

Source: www.theguardian.com

Sri Lankan man left in immigration limbo for decades can stay in UK – The Guardian

Posted January 31st, 2022 in appeals, delay, deportation, government departments, immigration, news by tracey

‘A man who came to the UK to train as an accountant almost 40 years ago and was left homeless after a catalogue of Home Office delays has finally been granted leave to remain months before his 70th birthday.’

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The Guardian, 30th January 2022

Source: www.theguardian.com

Home Office tells asylum seeker he can return to Syria safely – The Guardian

Posted January 10th, 2022 in asylum, deportation, government departments, human rights, immigration, news, refugees by tracey

‘The Home Office has told a Syrian asylum seeker he can return to the country he fled during the war because it is safe to do so, in what is thought to be the first case of its kind.’

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The Guardian, 9th January 2022

Source: www.theguardian.com

Dudley mum’s legal fight over autistic son’s conviction – BBC News

‘The mother of an autistic man jailed for robbery says she is fighting to clear his name after the justice system failed to understand his disability. Joan Martin said 23-year-old Osime Brown’s autism meant he was incapable of committing the offence, and claims he was not given fair process. She is working with lawyers, who allege institutional discrimination, to overturn a “miscarriage of justice”.’

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BBC News, 10th January 2022

Source: www.bbc.co.uk

Home Office hit with high court claim over refusal to treat HIV patient in detention centre – The Independent

‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’

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The Independent, 1st January 2022

Source: www.independent.co.uk

Court of Appeal Revisits “Unduly Harsh” Test – EIN Blog

Posted December 14th, 2021 in appeals, deportation, families, human rights, news by tracey

‘In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly be met, referencing the leading decisions in KO (Nigeria) and HA (Iraq).’

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EIN Blog, 13th December 2021

Source: www.ein.org.uk

Raab to claim overhaul of human rights law will counter ‘political correctness’ – The Guardian

Posted December 14th, 2021 in bills, deportation, freedom of expression, human rights, news by tracey

‘Dominic Raab is to outline a sweeping overhaul of human rights law that he claims will counter “wokery and political correctness” and expedite the deportation of foreign criminals.’

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The Guardian, 14th December 2021

Source: www.theguardian.com

US Woman Wins Deportation Appeal Having Lived in the UK for 53 Years – EIN Blog

Posted December 8th, 2021 in appeals, deportation, drug offences, government departments, health, immigration, news by sally

‘Polly Gordon is a US national who has been living in the UK for over 53 years, having moved here in her early 20’s. She gained Indefinite Leave to Remain in 1977. In July 2019, she received a 12-month sentence from the Edinburgh Sheriff’s Court after she was found to have supplied a controlled drug, as a result of which the Home Office sought her deportation under section 32(5) of the UK Borders Act 2007.’

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EIN Blog, 7th December 2021

Source: www.ein.org.uk