Category: government departments

Chaos as more than a dozen people taken off deportation flight from UK to Jamaica – The Guardian

Posted August 11th, 2021 in coronavirus, criminal justice, deportation, government departments, immigration, Jamaica, news by sally

‘The hours before a controversial Home Office charter flight to Jamaica was due to take off were mired in chaos and confusion as more than a dozen people were removed from the flight after legal challenges. The original Home Office “long list” for the flight is believed to have had 90 names on it. But the fate of the deportation flight hung in the balance on Tuesday evening as only about one tenth remained on the schedule. Tweets from a campaign group in the early hours of Wednesday morning, and flight tracker data, suggested the plane did eventually depart.’

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The Guardian, 11th August 2021

Source: www.theguardian.com

Channel migrants: Asylum seeker cleared of people smuggling was ‘scapegoat’ – BBC News

Posted August 11th, 2021 in appeals, asylum, bills, Crown Prosecution Service, government departments, immigration, news, trafficking in human beings by sally

‘An Iranian asylum seeker cleared of people smuggling has said he was made a “scapegoat” by British authorities. Fouad Kakaei, who steered a dinghy across the English Channel, was found not guilty at a second trial after appealing against his first conviction.’

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BBC News, 11th August 2021

Source: www.bbc.co.uk

Home Office records 70 racist incidents by far right at asylum accommodation – The Guardian

Posted August 9th, 2021 in asylum, detention, government departments, housing, immigration, news, racism, threatening behaviour, violence by sally

‘The Home Office has recorded 70 racist incidents by far-right supporters against asylum seekers in barracks and hotel accommodation, according to a freedom of information response obtained by the Guardian.’

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The Guardian, 8th August 2021

Source: www.theguardian.com

Covid PCR costs can be excessive and exploitative, says Javid – BBC News

Posted August 9th, 2021 in competition, consumer protection, coronavirus, government departments, news, ombudsmen by sally

‘The health secretary has asked the competition watchdog to investigate “excessive” pricing and “exploitative practices” among PCR Covid test firms.’

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BBC News, 8th August 2021

Source: www.bbc.co.uk

More than 100 councils and charities vow to boycott Home Office policy to deport rough sleepers – The Independent

Posted August 9th, 2021 in charities, deportation, government departments, homelessness, immigration, local government, news by sally

‘More than 110 local councils and charities have vowed to boycott a controversial new Home Office policy to deport foreign rough sleepers. Rules that came into effect on 1 January made rough sleeping grounds to cancel or refuse a non-British national’s right to be in the UK.’

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The Independent, 8th August 2021

Source: www.independent.co.uk

The COVID-19 Inquiry: Some potential issues – Structure of a public inquiry – Doughty Street Chambers

Posted August 6th, 2021 in chambers articles, coronavirus, government departments, inquiries, news by sally

‘This series of short articles reflects on some matters that may arise in relation to a public inquiry (or inquiries) into the government’s response to the COVID-19 pandemic, set to be launched in Spring 2022. While little is publicly known about the details of the inquiry, these articles consider the relevant legislative framework and some possible questions of scope, structure and participation.’

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Doughty Street Chambers, 2nd August 2021

Source: insights.doughtystreet.co.uk

Outcry over plan to deport Jamaican nationals who came to UK as children – The Guardian

Posted August 6th, 2021 in children, criminal justice, deportation, government departments, immigration, Jamaica, limitations, news by sally

‘Preparations are being made for the deportation of a number of Jamaican nationals who came to the UK as children, in an apparent reversal of an earlier agreement not to deport people who arrived in this country as minors. A charter flight to Jamaica is scheduled for 11 August, returning several dozen people whose criminal convictions have triggered deportation orders. However, campaigners have protested that it is unreasonable to remove people who have spent a lifetime in the UK to a country where they have no ties.’

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The Guardian, 5th August 2021

Source: www.theguardian.com

Alison L Young: Judicial Review of Policies – Clarification or Judicial Retreat? – UK Constitutional Law Association

Posted August 5th, 2021 in government departments, illegality, judicial review, news, rule of law, Supreme Court by sally

‘Policies are not law. Nevertheless, they play a large role in administrative law, providing clarity as to how a public authority will exercise a discretionary power. Policies can also be relevant considerations, create legitimate expectations, or require that an individual who falls within the scope of a policy should have that policy applied to them, unless there are good reasons not to do so. Public authorities may also be required to formulate or publish a policy setting out how discretion is exercised.’

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UK Constitutional Law Association, 5th August 2021

Source: ukconstitutionallaw.org

Home Office challenged over ‘sped-up’ removal of Vietnamese nationals – The Guardian

Posted August 2nd, 2021 in asylum, deportation, detention, forced labour, government departments, immigration, news, trafficking in human beings, Vietnam by sally

‘Lawyers are challenging the Home Office policy of deporting people to Vietnam who could be victims of trafficking after the UK sent a second charter flight to the country within a matter of weeks.’

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The Guardian, 1st August 2021

Source: www.theguardian.com

Right-to-work regime – Law Society’s Gazette

Posted August 2nd, 2021 in brexit, codes of practice, EC law, employment, government departments, immigration, news, visas by sally

‘The Home Office has issued new right-to-work guidance as the Brexit transitional arrangements for EU workers in the UK came to an end on 30 June 2021.’

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Law Society's Gazette, 2nd August 2021

Source: www.lawgazette.co.uk

High court victory for Stonehenge campaigners as tunnel is ruled unlawful – The Guardian

Posted August 2nd, 2021 in government departments, historic buildings, judicial review, news, planning, roads, transport by sally

‘Campaigners including archaeologists, environmental groups and druids have won a high court battle to prevent a controversial road project that includes a tunnel near Stonehenge.’

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The Guardian, 30th July 2021

Source: www.theguardian.com

Mandatory Covid-19 vaccinations in the health sector: the position across Europe – OUT-LAW.com

Posted July 30th, 2021 in care homes, chambers articles, coronavirus, employment, government departments, news, vaccination by sally

‘The UK government will require people working in care homes in England to have been vaccinated against Covid-19, subject to limited exemptions.’

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OUT-LAW.com, 28th July 2021

Source: www.pinsentmasons.com

Judge rejects legal challenge over £27.4bn roads programme – Local Government Lawyer

Posted July 30th, 2021 in climate change, environmental protection, government departments, judicial review, news, roads, transport by sally

‘The High Court has thrown out a campaign group’s legal challenge to the Government’s £27.4bn Road Investment Strategy 2: 2020-25.’

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Local Government Lawyer, 29th July 2021

Source: www.localgovernmentlawyer.co.uk

Let there be no future doubt about it? Children’s rights in the UKSC – Doughty Street Chambers

Posted July 29th, 2021 in appeals, benefits, chambers articles, children, government departments, news, Supreme Court by sally

‘When the unanimous judgment in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 was handed down, it felt like a bit of a sea change had occurred. We had seen indications that the Supreme Court were becoming increasingly concerned with the perception that they were interfering in political matters in the Begum [2021] UKSC 7 case. However, the decision in SC and in R (AB) v Secretary of State for Justice [2021] UKSC 28 (handed down on the same day) gave a warning from the President of the Supreme Court about “campaigning organisations” litigating what Lord Reed perceived to be failed political campaigning for the rights of children. His concern was that this, coupled with the wide discretion left to courts when considering ECHR obligations left courts vulnerable to undue interference in the sphere of political choices.’

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Doughty Street Chambers, 27th July 2021

Source: insights.doughtystreet.co.uk

Napier barracks conditions held not to meet minimum standards – UK Human Rights Blog

Posted July 29th, 2021 in asylum, detention, false imprisonment, government departments, housing, human rights, immigration, mental health, news, torture, trafficking in human beings by sally

‘In R (NB & Others) v Secretary of State for the Home Department [2021] EWHC 1489 (Admin), the High Court ruled that the treatment of asylum seekers at Napier military barracks did not meet minimum legal standards, that the process for allocating asylum seekers to accommodation centres was flawed and unlawful and that the six claimants had been falsely imprisoned during the “inevitable” Covid-19 outbreak. David Manknell of 1 COR was junior counsel to the SSHD.’

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UK Human Rights Blog, 28th July 2021

Source: ukhumanrightsblog.com

Downing Street Covid briefings excluded deaf BSL users, judge finds – The Guardian

Posted July 29th, 2021 in coronavirus, disability discrimination, disabled persons, equality, government departments, news by sally

‘Downing Street’s failure to provide British Sign Language interpreters during live Covid briefings was discriminatory and breached equality legislation, a high court judge has ruled.’

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The Guardian, 28th July 2021

Source: www.theguardian.com

The Seven-Year Child Reasonableness Test – NA (Bangladesh) – Richmond Chambers

Posted July 29th, 2021 in chambers articles, children, families, government departments, immigration, news, proportionality by sally

‘The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from the UK if no other countervailing factors were present. This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases involving children. In this post we look at recent developments in immigration law regarding applications for leave to remain on the basis of 7 years’ continuous residence as a child.’

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Richmond Chambers, 26th July 2021

Source: immigrationbarrister.co.uk

A Coalition Of Over 200 Organisations Condemns Proposed Changes To Judicial Review – Each Other

Posted July 29th, 2021 in bills, charities, government departments, human rights, judicial review, news by sally

‘In an unprecedented move, a coalition of more than 220 organisations has condemned proposed changes to judicial review and the Human Rights Act, including EachOther UK.’

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Each Other, 28th July 2021

Source: eachother.org.uk

Nationality and Borders Bill: risking Britain’s reputation? – 5SAH

Posted July 28th, 2021 in asylum, bills, chambers articles, conflict of interest, fines, government departments, immigration, legal representation, news, refugees, solicitors by sally

‘The Law Society has warned the new Nationality and Borders Bill risks jeopardising Britain’s “global reputation for justice”.’

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5SAH, 22nd July 2021

Source: www.5sah.co.uk

Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful – Oxford Human Rights Hub

Posted July 27th, 2021 in appeals, benefits, children, equality, families, government departments, human rights, limitations, news, sex discrimination, Supreme Court by sally

‘The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) on the two-child rule (in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, and it wastes no opportunity to disappoint.’

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Oxford Human Rights Hub, 26th July 2021

Source: ohrh.law.ox.ac.uk