G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) – Supreme Court
Supreme Court, 18th December 2014
Category: detention
Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs – NearlyLegal
‘Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg. 7(17), Housing Benefit Regulations 2006, breached Art. 14 ECHR (although not expressly set out in the Judgment, presumably in conjunction with A1P1).’
NearlyLegal, 6th January 2014
Source: www.nearlylegal.co.uk
Deprivation of Liberty: current approach leaves vulnerable clients with limited protection, writes Laura Davidson – No. 5 Chambers
‘In P and Q v Surrey County Council & Others [2011] EWCA Civ 190, the Court of Appeal approved Parker J’s suggested new “relative normality” test for assessing whether or not someone was being deprived of their liberty. If someone’s disabilities and difficulties necessitate assistance which is a significant interference in their life regardless of where they reside, then they are living a relatively normal life ‘for them’. Thus the circumstances are unlikely to amount to a deprivation. This concept purports to emanate from Engel v Netherlands (1976) 1 EHRR 647, despite its focus on the limitations of the army regime upon a soldier’s lifestyle, rather than a person’s individual characteristics (see ‘Turning back the clock’, SJ Vol. 156, No. 22, 10-13).’
No. 5 Chambers, 9th December 2013
Source: www.no5.com
Court of Appeal calls on Supreme Court to resolve conflict between UK and Strasbourg law – UK Human Rights Blog
‘The Court of Appeal has ruled that continued detention in prison following the expiry of the “minimum terms” or “tariff periods” of their indeterminate terms of imprisonment did not breach prisoners’ Convention or common law rights, but has left it to the Supreme Court to determine the substance of the Convention claims in detail.’
UK Human Rights Blog, 11th December 2013
Source: www.ukhumanrightsblog.com
Man who tried to commit suicide by running into wall loses damages case over broken spine – The Independent
‘A man who broke his spine when he tried to commit suicide by running head first into a concrete wall while in detention awaiting deportation has lost his High Court damages action.’
The Independent, 11th December 2013
Source: www.independent.co.uk
Mass Surveillance and Freedom of the Press: A Conversation with Glenn Greenwald – UCL
‘Last June, Glenn Greenwald broke the story of the mass surveillance government programs disclosed in the leaks by former NSA contractor Edward Snowden. In August Mr. Greenwald’s partner, David Miranda, was detained by police at Heathrow Airport for 9 hours under schedule 7 to the Terrorism Act 2000. Mr. Greenwald has continued to release and comment on similar leaks since then and recently announced his departure from the Guardian to launch a new journalism venture with eBay co-founder Pierre Omidyar.
Our moderator led a conversation with Mr. Greenwald via Skype on the range of legal and political questions raised by his recent efforts. These include the lack of safeguards on government surveillance programs, the individual’s right to privacy, the freedom of the press to publish such information and any alleged threats these exposures pose to national security.’
UCL, November 2013
Source: www.ucl.ac.uk
Regina (IM (Nigeria)) v Secretary of State for the Home Department – WLR Daily
‘The Secretary of State for the Home Department had power to detain in hospital an immigration detainee pending his removal from the United Kingdom and such power was not limited to a person detained under section 48 of the Mental Health Act 1983. The Secretary of State’s policy on detention allowed for the removal to hospital of a detainee whose serious medical condition could not be treated in the detention centre and did not require that he be released from detention in order to receive medical treatment.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog
‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’
UK Human Rights Blog, 6th December 2013
Source: www.ukhumanrightsblog.com
Senior judge: European court of human rights undermining democratic process – The Guardian
‘The European court of human rights exceeds its legitimate powers, usurps the role of politicians and “undermines the democratic process”, one of the UK’s most senior judges has warned.’
The Guardian, 28th November 2013
Source: www.guardian.co.uk
UK terror law watchdog calls for end to detention at borders without suspicion – The Guardian
‘Britain’s anti-terror law watchdog has said police should no longer be able to detain people at the UK’s borders without any suspicion of wrongdoing, following the detention of David Miranda in August.’
The Guardian, 1st December 2013
Source: www.guardian.co.uk
‘Close to death’ hunger striker faces imminent deportation after court defeat – The Independent
‘A man who is “close to death” after being on hunger strike in immigration detention for three months could be sent back to Nigeria on Wednesday after his case failed in the Court of Appeal.’
The Independent, 25th November 2013
Source: www.independent.co.uk
Inquiry Impasse, Charter Confusion and Competition Time – The Human Rights Roundup – UK Human Rights Blog
‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’
UK Human Rights Blog, 24th November 2013
Source: www.ukhumanrightsblog.com
Hunger striker Isa Muazu loses release bid – The Independent
‘A hunger striker who is “near death” has failed to win temporary freedom pending his appeal court challenge to being held in an immigration detention centre.’
The Independent, 21st November 2013
Source: www.independent.co.uk
CF v Security Service and others; Mohamed v Foreign and Commonwealth Office and others – WLR Daily
“A court could make a declaration under section 6 of the Justice and Security Act 2013 permitting a closed material application to be made to the court before a public interest immunity claim had been made or determined.”
WLR Daily, 7th November 2013
Source: www.iclr.co.uk
Guantanamo’s last UK inmate Shaker Aamer speaks from cell – BBC News
“The last British resident being held in Guantanamo Bay has been broadcast speaking from his prison cell for the first time.”
BBC News, 19th November 2013
Source: www.bbc.co.uk
Dying asylum seeker on hunger strike must stay in custody, says high court – The Guardian
“A failed asylum seeker said to be near death following an 85-day hunger strike in protest at his detention must remain in custody, the high court ruled on Tuesday.”
The Guardian, 19th November 2013
Source: www.guardian.co.uk
Concern over mental health detentions by police in Wales – BBC News
“Calls have been made for a reduction in the number of people taken into police custody with mental health problems.”
BBC News, 15th November 2013
Source: www.bbc.co.uk
Miranda, Prisoner Votes & Judicial Review Myths – The Human Rights Roundup – UK Human Rights Blog
“This week, the Parliamentary Joint Committee on the draft Voting Eligibility (Prisoners) Bill took evidence , and there were notable comments from the Secretary General of the Council of Europe, the body which monitors compliance with the European Court of Human Rights. Meanwhile, Baroness Hale weighed in on the proposed judicial review changes and, continuing along the judicial review vein, David Miranda (pictured) began his claim on Wednesday.”
UK Human Rights Blog, 11th November 2013
Source: www.ukhumanrightsblog.com
Sudanese sex offender wins damages for being held in custody too long – The Guardian
“A sex offender has won the right to damages after the court of appeal ruled he was held in custody for too long while attempts to deport him were unsuccessful.”
Thr Guardian, 12th November 2013
Source: www.guardian.co.uk
Paralysed Tinsley House detainee sues for damages – BBC News
“A man who broke his spine when he deliberately ran into a brick wall while in detention awaiting deportation is suing for damages.”
BBC News, 13th November 2013
Source: www.bbc.co.uk
