Can the government’s immigration bill succeed? – EIN Blog

Posted April 18th, 2023 in asylum, bills, deportation, international law, news by sally

‘The government’s rhetoric surrounding its plans to prevent asylum seekers crossing the Channel suggest their implementation will be simple. Yet Matilde Rosina and Oula Kadhum identify several important challenges that will have to be overcome first and assess the broader impact and human cost of pushing forward unworkable proposals for the sake of scoring political points at home.’

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EIN Blog, 17th April 2023

Source: www.ein.org.uk

Deported man extradited over reckless HIV infection jailed – BBC News

Posted April 5th, 2023 in deportation, extradition, HIV, immigration, imprisonment, news, sentencing by sally

‘A man who was deported for being in the UK illegally following an investigation into him infecting a woman with HIV has been jailed 14 years after the offence.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

Amendments To The Illegal Migration Bill Split Parliament – Each Other

Posted March 30th, 2023 in asylum, bills, deportation, immigration, news, political parties by sally

‘On 27 March, MPs were back in parliament to debate the proposed Illegal Migration Bill. Its return to the House of Commons has reportedly split Tory MPs over the issue of its hardening stance on people arriving on small boats across the Channel.’

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Each Other, 29th March 2023

Source: eachother.org.uk

Illegal migration bill could topple world refugee system, lawmakers told – The Guardian

‘The government’s plans to curtail the rights of asylum seekers could lead to the collapse of the system of international protection for refugees, parliamentarians have been warned.’

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The Guardian, 29th March 2023

Source: www.theguardian.com

‘Legal limbo’: Human rights chief steps into small boats bill row – Law Society’s Gazette

‘Proposed legislation aimed at stopping cross-channel migration in small boats would be incompatible with the UK’s international obligations, the leading human rights figure at the 46-member Council of Europe said today. Dunja Mijatović, Council of Europe commissioner for human rights, warned that the provisions of the Illegal Migration Bill ‘create clear and direct tension with well-established and fundamental human rights standards’.’

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Law Society's Gazette, 27th March 2023

Source: www.lawgazette.co.uk

Experts cast doubt on Braverman’s hopes of ECHR rule change on Rwanda – The Guardian

‘Legal experts have cast doubt on the UK’s claims of “possible reforms” to European court of human rights procedures that stopped an asylum seeker from being deported to Rwanda last year.’

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The Guardian, 20th March 2023

Source: www.theguardian.com

British man deported to Jamaica launches action against Home Office – The Guardian

‘A British man convicted of murder is launching a legal action against the Home Office after he was wrongly deported to Jamaica.’

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The Guardian, 19th March 2023

Source: www.theguardian.com

Migration bill ‘would rock the UK’s standing as a reliable nation’ – Law Society’s Gazette

‘Law Society speaks out as measure aimed at tackling small-boat crossings goes before House of Commons.’

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Law Society's Gazette, 13th March 2023

Source: www.lawgazette.co.uk

Asylum seekers win permission to challenge UK’s Rwanda policy – The Guardian

‘A court of appeal judge has ruled that a group of asylum seekers can bring a legal challenge against the Home Office for what they claim has been a failure to consider the dangers and risks of deporting them to Rwanda.’

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The Guardian, 14th March 2023

Source: www.theguardian.com

Sunak Plans Lifetime Ban For Channel Migrants – Each Other

‘Prime minister Rishi Sunak is set to introduce an Illegal Migration Bill to remove migrants arriving on small boats and ban them from re-entering the UK.’

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Each Other, 7th March 2023

Source: eachother.org.uk

Asylum plan ‘very concerning’ and would break international law – UN refugee agency – BBC News

‘The government’s proposed asylum law is “very concerning” and would block even those with a compelling claim, the United Nations refugee agency has said.’

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BBC News, 8th March 2023

Source: www.bbc.co.uk

Daniella Lock: UK Government Assessments of Risk to Refugees and ECHR Constraints on UK Immigration Policy in the Rwanda Ruling – UK Constitutional Law Association

Posted February 7th, 2023 in asylum, deportation, human rights, news, Rwanda by sally

‘This post examines the High Court’s December ruling on the lawfulness of the UK Government’s Rwanda scheme. The Rwanda scheme allows people to be removed to Rwanda to have their asylum claims determined, where that claim is considered inadmissible in the UK. The lawfulness of the scheme partly turned on its compatibility with the UK’s obligations under the UN Refugee Convention and the European Convention on Human Rights (ECHR) by reference to whether, as asserted by the UK Government, refugees deported under the scheme would face a real risk of mistreatment (contrary to Article 3 and the Refugee Convention). The ruling therefore provides an important lens through which to examine Government assessments of the risks faced by refugees as part of its immigration policy and the ECHR constraints on such policies. This is a timely issue in light of recent reports that the Prime Minister is considering proposals for the UK to withdraw from membership of the ECHR should it constrain the Government in its immigration plans.’

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UK Constitutional Law Association, 7th February 2023

Source: ukconstitutionallaw.org

Judges allow partial appeal against Rwanda asylum seeker ruling – The Guardian

Posted January 17th, 2023 in appeals, asylum, deportation, news, Rwanda by sally

‘Two judges who ruled that the Home Office’s plan to send asylum seekers to Rwanda to have their cases processed was lawful have granted permission for parts of their decision to be challenged at the court of appeal.’

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The Guardian, 16th January 2023

Source: www.theguardian.com

Court of Appeal: UT should normally re-make decision instead of remitting case to FTT – EIN Blog

Posted January 9th, 2023 in appeals, criminal justice, deportation, immigration, news, trials, tribunals by tracey

‘AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022). In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal (UT) found that where the FTT’s decision involved an error of law, it would normally re-make the decision instead of remitting it to the FTT, unless it was satisfied that the error had deprived a party of a fair hearing before the FTT. Where the UT was so satisfied, it would normally remit the decision to the FTT. If the UT chose instead to re-make the decision itself, it would have to give cogent reasons for doing so. “AEB” appealed against a decision of the UT upholding a deportation order made by the respondent SSHD. The appellant was a Nigerian national who had been in the UK for 30 years and who was separated from his partner but helped to care for their three children, all of whom had significant disabilities and special needs. In 2017, he was convicted of dishonesty and sentenced to 4 years’ imprisonment. As a result, the SSHD served a deportation decision under the automatic deportation provision set out in section 32 of the UK Borders Act 2007. AEB appealed to the FTT relying on article 8 of the ECHR, which brought into play the provisions of Part 5A of the Nationality, Immigration and Asylum Act 2002. But the FTT dismissed his appeal and UT set aside that dismissal on the basis that the FTT had made errors of law which had deprived AEB of a fair hearing.’

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EIN Blog, 9th January 2023

Source: www.ein.org.uk

What Is In Store For Human Rights In 2023? – Each Other

Posted January 4th, 2023 in bills, brexit, deportation, human rights, immigration, news by sally

‘2022 may be remembered as one of the more turbulent years for human rights in the UK. Now, we look ahead at what might be in store for our rights in 2023.’

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Each Other, 4th January 2023

Source: eachother.org.uk

Divisional Court upholds Government’s Rwanda policy – an extended look – UK Human Rights Blog

‘On 14th April of this year, the then-Prime Minister, Boris Johnson, announced a new ‘Migration and Economic Development Partnership’ between the UK Government and the Government of Rwanda to enable the removal of certain persons to who enter the UK to claim asylum (particularly those who arrive in small boats crossing the English Channel) to Rwanda, where – if their claims succeeded – they would be resettled.’

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UK Human Rights Blog, 20th December 2022

Source: ukhumanrightsblog.com

Rwanda Policy Ruled Lawful But ‘Awful’ – Each Other

‘The High Court has ruled that the government’s ‘awful‘ Rwanda policy is lawful. This follows an intervention from the European Court of Human Rights, which in a last-minute ruling stopped any flights under the scheme until the UK’s domestic courts could determine if it was legal. While the policy was ruled legal, eight individual cases will be determined separately and another hearing could be launched in 2023 if an appeal is made.’

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Each Other, 20th December 2022

Source: eachother.org.uk

High court rules Rwanda plan is lawful – Free Movement

Posted December 20th, 2022 in asylum, deportation, government departments, immigration, judicial review, news, Rwanda by sally

‘The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin) that the UK government’s Rwanda plan is lawful. The individual decisions in the case were inadequate and will need to be re-made, but that is no obstacle to the plan proceeding.’

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Free Movement, 19th December 2022

Source: freemovement.org.uk

UK rolling back efforts to tackle modern slavery, charity says – The Guardian

‘The UK has been accused of “rolling back” moves to tackle modern slavery before a UN review of its human rights record on Thursday.’

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The Guardian, 8th November 2022

Source: www.theguardian.com

GPS tagging migrants ‘psychological torture’, says report – The Guardian

‘Lawyers and charities have called for controversial electronic tagging of migrants to be scrapped, describing it in a new report as a form of “psychological torture”.’

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The Guardian, 31st October 2022

Source: www.theguardian.com