Home Secretary may not detain on basis of invalid deportation decision – UK Human Rights Blog

‘In R (DN – Rwanda) v Secretary of State for the Home Department [2020] UKSC 7, the Supreme Court held that the Claimant was entitled to purse a claim for unlawful detention on the basis that the decision to detain for the purposes of deportation could not be separated from the decision to deport. Accordingly, if the decision to deport was unlawful, then so inevitably was the decision to detain.

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

Victory in false imprisonment action challenging the lawfulness of Home Office Iraqi removal exercise – Garden Court Chambers

‘QA, an Iraqi national and a vulnerable at risk adult was detained on 27 March 2017 to enable his inclusion in a new Iraqi documentation and removal exercise. Following detention he was held for 4 months, whilst repeated attempts were made to remove him, over which time he consistently expressed suicidal thoughts, engaged in self-harm and attempted suicide on at least two occasions.’

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Garden Court Chambers, 2nd March 2020

Source: www.gardencourtchambers.co.uk

‘Lambs to the slaughter’: 50 lives ruined by the Windrush scandal – The Guardian

‘As the report on the Home Office scandal is finally published, we revisit the victims’ stories.’

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The Guardian, 19th March 2020

Source: www.theguardian.com

Windrush review to call for reform of ‘reckless’ Home Office – The Guardian

‘Wholesale reform of a “reckless” and “defensive” Home Office is expected to be recommended in a hard-hitting review into the causes of the Windrush scandal when it is released by the home secretary on Thursday.’

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The Guardian, 19th March 2020

Source: www.theguardian.com

Windrush inquiry report submitted to home secretary – The Guardian

‘An investigation into the causes of the Windrush scandal has been completed and presented to the UK home secretary, who must now decide when and whether to make the findings public.’

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The Guardian, 18th March 2020

Source: www.theguardian.com

New Judgment: R (DN (Rwanda)) (AP) v Secretary of State for the Home Department – UKSC Blog

‘The appellant, DN, is a Rwandan national who was granted refugee status in the UK pursuant to the 1951 Refugee Convention. DN was subsequently convicted of a number of offences, the most serious of which occurred when he pleaded guilty to assisting unlawful entry of a non-EEA national in the UK. The Secretary of State for the Home Department used the powers under the Nationality, Immigration and Asylum Act 2002 to order the deportation of DN. DN’s attempt to assist unlawful immigration to a member state country was a serious offence by way of the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004. The Secretary of State ordered DN’s deportation and detention pending deportation.’

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UKSC Blog, 26th February 2020

Source: ukscblog.com

Potential modern slavery victims among dozens facing imminent removal on charter flight to Pakistan – The Independent

Posted February 27th, 2020 in asylum, deportation, news, torture, trafficking in human beings by tracey

‘Asylum seekers thought to be victims of torture are set to be forcibly removed to Pakistan on the third charter flight to leave the UK in three weeks, The Independent can reveal.’

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The Independent, 26th February 2020

Source: www.independent.co.uk

British citizen children and entry clearance – Richmond Chambers

Posted February 26th, 2020 in chambers articles, children, citizenship, deportation, immigration, news by sally

‘In two recent cases, the Upper Tribunal has considered the relevance and weight to be accorded to having a British citizen child in: (i) entry clearance and (ii) deportation cases. The first will be outlined here, whilst the second will be analysed in a separate post.’

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Richmond Chambers, 21st February 2020

Source: immigrationbarrister.co.uk

Home Office to deport vulnerable asylum seekers – The Guardian

Posted February 20th, 2020 in asylum, deportation, news, trafficking in human beings by sally

‘The Home Office is planning to deport vulnerable asylum seekers and suspected victims of trafficking on a new charter flight on Thursday, the Guardian has learned.’

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The Guardian, 19th February 2020

Source: www.theguardian.com

How People In Immigration Detention Try To Cope With Life In Limbo – Each Other

Posted February 19th, 2020 in deportation, detention, immigration, mental health, news, telecommunications by sally

‘The Home Office has received heavy criticism in recent weeks after it emerged people held in immigration detention centres were struggling to access mobile phone reception and could not reach lawyers to challenge their imminent deportation.’

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Each Other, 18th February 2020

Source: eachother.org.uk

Home Office to release information about detainees’ access to lawyers – The Guardian

‘The Home Office has agreed to release information about whether it has deported immigration detainees who did not have access to working phones to contact their lawyers.’

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The Guardian, 18th February 2020

Source: www.theguardian.com

Woman cleared of assaulting Yarl’s Wood guards during struggle – The Guardian

Posted February 12th, 2020 in assault, deportation, detention, government departments, immigration, news, restraint by sally

‘A Nigerian rape survivor who was under constant supervision at an immigration detention centre because she was at high risk of self-harm has been cleared of assaulting four guards who restrained her and tried to force her on to a charter flight.’

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The Guardian, 11th February 2020

Source: www.theguardian.com

Jamaica deportation: Home Office flight leaves UK despite court ruling – BBC News

Posted February 11th, 2020 in deportation, detention, Jamaica, news by sally

‘A Home Office flight deporting convicted offenders to Jamaica has left the UK, despite a last-minute legal challenge.’

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BBC News, 11th February 2020

Source: www.bbc.co.uk

Jamaican-born deportees mount last-minute challenges against Home Office – The Guardian

Posted February 10th, 2020 in colonies, deportation, families, government departments, immigration, murder, news by sally

‘Dozens of Jamaicans in the UK are mounting last-minute legal challenges to try to halt their deportation on a Home Office charter flight scheduled for Tuesday.’

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The Guardian, 10th February 2020

Source: www.theguardian.com

Windrush: Call to review deportation of foreign-born offenders – BBC News

Posted February 7th, 2020 in colonies, deportation, government departments, immigration, news by tracey

‘The government should consider ending the deportation of foreign-born offenders who came to the UK as children, according to a draft report into the Windrush scandal.’

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BBC News, 7th February 2020

Source: www.bbc.co.uk

Windrush victims given extra time to apply for compensation but concerns over lack of legal advice remain – The Independent

‘Windrush victims will have an additional two years to apply for compensation for their losses after the Home Office bowed to pressure to extend the deadline by two years.’

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The Independent, 7th February 2020

Source: www.independent.co.uk

Home Office told to act as detainees unable to contact lawyers – The Guardian

Posted February 6th, 2020 in deportation, detention, legal representation, news, telecommunications by sally

‘The Home Office has been accused of holding immigration detainees effectively incommunicado, with a lack of mobile signal preventing them from contacting lawyers or family, days before a mass deportation flight to Jamaica.’

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The Guardian, 5th February 2020

Source: www.theguardian.com

Unlawful detention deemed even less graceful – UK Human Rights Blog

Posted February 4th, 2020 in deportation, detention, immigration, news, time limits by sally

‘In AC (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 36, the Court of Appeal gave a trenchant warning that once it ceases to be lawful to detain an individual, the ‘grace period’ allowed within which to make arrangements for release can only be a short period. Moreover, the reasons for which any such grace period is required will be be closely scrutinised by the courts.’

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UK Human Rights Blog, 4th February 2020

Source: ukhumanrightsblog.com

Divorce or Separation: Impact on Leave to Remain – Richmond Chambers

Posted January 22nd, 2020 in deportation, divorce, domestic violence, families, immigration, news by sally

‘January is often referred to as the ‘divorce month’ and according to recent reports 8th January is a popular day to dissolve marriages. There are many who are in the UK with leave to enter or remain and are dependent on their relationship or marriage or civil partnership. What happens if this applies to you and your relationship permanently breaks down? What action do you need to take if you separate or get divorced? What are the implications of a relationship breakdown and can you remain in the UK?’

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Richmond Chambers, 17th January 2020

Source: immigrationbarrister.co.uk

Immigration and Article 8: what did we learn in 2019? – UK Human Rights Blog

Posted January 20th, 2020 in appeals, deportation, families, human rights, immigration, news, privacy, proportionality by sally

‘As in previous years, the courts in 2019 were particularly concerned with Theresa May’s attempts as Home Secretary to codify the Article 8 proportionality exercise into legislation. Those changes have had a significant impact on the approach of tribunals to appeals against deportation and removal on grounds of private and family life. Judges now have to apply a series of prescribed tests under the immigration rules, before going on to consider whether there are exceptional circumstances requiring a grant of leave.’

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UK Human Rights Blog, 17th January 2020

Source: ukhumanrightsblog.com