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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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”.’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

EIN Blog, 7th December 2021

Source: www.ein.org.uk

Grace period in a time of Covid – UK Human Rights Blog

Posted December 1st, 2021 in asylum, coronavirus, delay, deportation, detention, housing, human rights, immigration, news by sally

‘In R (Babbage) v The Secretary of State for the Home Department [2021] EWHC 2995 (Admin), the Claimant applied for judicial review, claiming that his immigration detention from 27 February 2020 to 29 April 2021 had been unlawful and/or that there was a public law error relating to the delay in the provision of s.4 accommodation. Soole J gave a potentially significant judgment concerning the ambit of the “grace period” for locating s.4 Immigration and Asylum Act 1999 accommodation, i.e. accommodation provided to failed asylum seekers. The judge also made some apposite comments concerning the requirement for appropriate evidence in unlawful detention claims from the relevant decision maker.’

Full Story

UK Human Rights Blog, 30th November 2021

Source: ukhumanrightsblog.com

Home Office U-turn on Sri Lankan scientist’s asylum claim – The Guardian

‘The Home Office has U-turned on plans to deport a leading scientist carrying out groundbreaking research into affordable forms of solar energy and allowed him and his family to remain in the UK.’

Full Story

The Guardian, 1st December 2021

Source: www.theguardian.com

Windrush: Home Office has compensated just 5% of victims in four years – The Guardian

‘Just 5% of Windrush victims have received compensation four years after the scandal emerged, according to a damning report by cross-party MPs which called for the scheme to be taken out of Home Office control.’

Full Story

The Guardian, 24th November 2021

Source: www.theguardian.com

US woman who has lived in UK for 53 years wins deportation appeal – The Guardian

Posted November 18th, 2021 in appeals, deportation, drug offences, elderly, news by tracey

‘A 75-year-old American woman who uses a Zimmer frame and is unable to digest solid food has won her appeal to remain in the UK after living here for 53 years.’

Full Story

The Guardian, 17th November 2021

Source: www.theguardian.com

Only five Channel migrants returned to Europe this year as minister admits ‘difficulties’ – The Independent

Posted November 18th, 2021 in brexit, deportation, EC law, immigration, news, statistics by tracey

‘Only five migrants who crossed the Channel into Britain by boat have been successfully deported back to the continent this year, an immigration minister has revealed.’

Full Story

The Independent, 17th November 2021

Source: www.independent.co.uk

Windrush compensation scheme has ‘concerning weaknesses’, says charity – The Guardian

‘There are “concerning weaknesses” in the Windrush compensation scheme, according to a legal charity that has called for the programme to be taken out of the Home Office.’

Full Story

The Guardian, 15th November 2021

Source: www.theguardian.com

HIV patient ‘denied life-saving medication’ in UK detention centre – The Independent

‘A man with HIV who was awaiting deportation to Jamaica is being denied life-saving treatment in an immigration detention centre, The Independent has learned. The 42-year-old man relies on daily medication to manage his condition, and says the dosages for his other ailments, schizophrenia and depression, have been reduced by staff at Colnbrook Immigration Centre.’

Full Story

The Independent, 6th November 2021

Source: www.independent.co.uk

Home Office must rethink ‘regressive’ plans to use X-ray asylum seekers for age assessments, say charities – The Independent

‘The Home Office must rethink its “regressive and unethical” plans to use scientific methods such X-rays to age assess asylum seekers, a coalition of children’s charities has warned.’

Full Story

The Independent, 1st November 2021

Source: www.independent.co.uk

New Judgment: R (on the application of Majera (formerly SM (Rwanda)) (AP) v Secretary of State for the Home Department [2021] UKSC 46 – UKSC Blog

Posted October 21st, 2021 in bail, deportation, detention, immigration, news, release on licence, Supreme Court by sally

‘The Appellant is a national of Rwanda who had been granted indefinite leave to remain in the United Kingdom. After being convicted of serious criminal offences in 2006, he received a sentence of imprisonment and in 2012 was made the subject of a deportation order which has never been implemented. When he was later released on licence, the Secretary of State decided that The Appellant should be detained under paragraph 2 of Schedule 3 to the Immigration Act 1971 (“the 1971 Act”), pending his removal or departure from the United Kingdom.’

Full Story

UKSC Blog, 20th October 2021

Source: ukscblog.com

New Judgment: R (on the application of Majera (formerly SM (Rwanda)) v Secretary of State for the Home Department – EIN Blog

Posted October 21st, 2021 in bail, deportation, detention, immigration, news, release on licence, Supreme Court by sally

‘The Appellant is a national of Rwanda who had been granted indefinite leave to remain in the United Kingdom. After being convicted of serious criminal offences in 2006, he received a sentence of imprisonment and in 2012 was made the subject of a deportation order which has never been implemented. When he was later released on licence, the Secretary of State decided that The Appellant should be detained under paragraph 2 of Schedule 3 to the Immigration Act 1971 (“the 1971 Act”), pending his removal or departure from the United Kingdom.’

Full Story

EIN Blog, 20th October 2021

Source: www.ein.org.uk