The Domestic Abuse Act – Law Society’s Gazette

‘The Domestic Abuse Act, which will be implemented later this year, brings in important changes, many of which have been received positively by the sector. These changes will lead to significant developments, enabling frontline professionals to raise awareness and secure protection for survivors of domestic abuse.’

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Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

High court ruling leaves refused asylum seekers at risk of homelessness – The Guardian

‘A high court judge has quashed a ruling that said refused asylum seekers who are destitute must be given accommodation during the pandemic until all Covid restrictions are lifted.’

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The Guardian, 22nd June 2021

Source: www.theguardian.com

Limited leave to remain does not knock out a Zambrano claim – EIN Blog

‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’

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EIN Blog , 21st June 2021

Source: www.ein.org.uk

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

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Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk

A Guide to Immigration Subject Access Requests – Richmond Chambers

‘Subject Access Requests (SARs) are an essential tool for individuals and their lawyers, especially when it comes to immigration and nationality law. This post looks at what they are, why they are important, and how to make an Immigration Subject Access Request.’

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Richmond Chambers, 9th June 2021

Source: immigrationbarrister.co.uk

Duncan Lewis issues JR proceedings over immigration reforms – Law Society’s Gazette

‘Controversial immigration reforms that could see lawyers hit with wasted costs looks set to be the centre of a High Court showdown. High-profile firm Duncan Lewis announced yesterday that it has issued judicial review proceedings on behalf of five clients over the Home Office’s New Plan for Immigration consultation, which closed last month.’

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Law Society's Gazette, 10th June 2021

Source: www.lawgazette.co.uk

EU Settled Status scheme – what to expect if you miss the deadline – EIN Blog

Posted June 9th, 2021 in brexit, EC law, immigration, news, visas by sally

‘If you are an EU national resident in the UK before Brexit you can protect your right of residence. All you need to do is make an application for settled status or pre-settled status. This application is made online and, if you avoid technical difficulties, will take only a few minutes to complete. The deadline is 30 June 2021.’

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EIN Blog, 7th June 2021

Source: www.ein.org.uk

Tribunal ‘deeply concerned’ by racism among Home Office contractors – The Guardian

‘An employment tribunal has said that it was “deeply concerned” about Home Office contractors who deport people from the UK having used the racist term “cotton pickers” to describe their black colleagues, but threw out a claim of race and disability discrimination.’

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The Guardian, 7th June 2021

Source: www.theguardian.com

Windrush victim wrongly threatened with forced return to Jamaica in final years, report finds – The Guardian

‘The Home Office made repeated errors that caused a man who had lived in the UK for more than 50 years to be classified as an illegal immigrant and threatened with arrest, prison and forcible removal, the parliamentary ombudsman has found.’

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The Guardian, 8th June 2021

Source: www.theguardian.com

Kent council threatens Priti Patel with legal action over unaccompanied child migrants – The Independent

Posted June 7th, 2021 in asylum, children, government departments, immigration, local government, news by tracey

‘Kent County Council is threatening the home secretary with legal action as it warns its services for unaccompanied child migrants are at breaking point for the second time in less than a year.’

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The Independent, 6th June 2021

Source: www.independent.co.uk

Napier Barracks: Housing migrants at barracks unlawful, court rules – BBC News

‘The Home Office’s decision to house cross-channel migrants in a “squalid” barracks in Folkestone was unlawful, the High Court has ruled.’

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BBC News, 3rd June 2021

Source: www.bbc.co.uk

Baby and mother win right to access Healthy Start food scheme – The Guardian

‘A one-year-old baby and her mother have won a high court challenge granting her the right to access a healthy food and vitamins scheme from which she was previously barred. Thousands of babies and toddlers similarly denied access to the scheme will now be able to benefit from it.’

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The Guardian, 3rd June 2021

Source: www.theguardian.com

Refugee women and children ‘at risk of being abandoned’ in Home Office policy shift – The Guardian

Posted June 1st, 2021 in children, immigration, news, refugees, women by sally

‘Thousands of women and child refugees will be abandoned if the government’s New Plan for Immigration goes ahead, according to research.’

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The Guardian, 1st June 2021

Source: www.theguardian.com

Windrush compensation: £30m offered to victims so far, Home Office says – BBC News

‘Nearly £30m has been offered in compensation to victims of the Windrush scandal, it has been confirmed, amid criticism over slow payments.’

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BBC News, 27th May 2021

Source: www.bbc.co.uk

Girl, 10, refused EU settled status in UK despite all family members being accepted – The Independent

Posted May 28th, 2021 in brexit, children, EC law, families, government departments, immigration, news, visas by tracey

‘A 10-year-old girl has been refused EU settled status despite the fact that all of her immediate family members have been granted it.’

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The Independent, 28th May 2021

Source: www.independent.co.uk

EU citizens win right to access personal data held by Home Office – The Guardian

Posted May 28th, 2021 in appeals, data protection, EC law, government departments, immigration, news by tracey

‘EU citizens have won the right to get full access to records about them held by the Home Office or any other body after a legal battle by campaigners. Three judges at the court of appeal unanimously overturned an earlier high court decision that their case had no legal merit and ruled the Data Protection Act 2018 (DPA) unlawfully denied them access to their data through an “immigration exemption” clause.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

Plans for New Women’s Detention Centre in Durham are Challenged – EIN Blog

Posted May 25th, 2021 in detention, equality, immigration, news, women by sally

‘It has recently been announced that there are plans for the construction of a brand-new women’s immigration detention centre at Hassockfield in Medomsley, County Durham. It is expected that the centre would detain around 80 women, and is the Home Office’s first new centre since 2014.’

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EIN Blog, 24th May 2021

Source: www.ein.org.uk

Dozens of vulnerable asylum seekers wrongly placed in Napier Barracks despite watchdog warnings – The Independent

‘Dozens of asylum seekers have been wrongly placed in Napier Barracks after the Home Office failed to recognise their vulnerabilities, prompting concerns that ministers have ignored warnings from watchdogs.’

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The Independent, 23rd May 2021

Source: www.independent.co.uk

Patel unveils digital visa to help ‘count people entering and leaving UK’ – The Guardian

Posted May 24th, 2021 in asylum, deportation, government departments, immigration, news, visas by tracey

‘Priti Patel has unveiled a US-style digital visa system that she claimed would help the government to count numbers of people entering and leaving the UK accurately for the first time.’

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The Guardian, 23rd May 2021

Source: www.theguardian.com

Tens of thousands of EU citizens in UK to lose legal status next month due to Brexit ‘cliff edge’ – The Independent

Posted May 21st, 2021 in brexit, citizenship, deportation, government departments, immigration, news by tracey

‘Tens of thousands of EU citizens in the UK could lose their legal status next month because of an “arbitrary” deadline that will leave vulnerable people in an “intolerable situation”, MPs and peers have warned.’

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The Independent, 20th May 2021

Source: www.independent.co.uk