Number of people detained for longer than six months under Immigration Act powers increases by 10% – The Independent

Posted May 26th, 2017 in detention, immigration, news, statistics by tracey

‘The number of people detained under Immigration Act powers for longer than six months has increased by 10 per cent in the past year, statistics have revealed.’

Full story

The Independent, 26th May 2017

Source: www.independent.co.uk

Convicted Nigerian fraudster James Ibori wins £1 from UK – BBC News

Posted May 24th, 2017 in damages, false imprisonment, fraud, immigration, news by sally

‘Convicted fraudster and former Nigerian state governor James Ibori has been awarded £1 ($1.30) for being unlawfully detained for 42 hours in the UK.’

Full story

BBC News, 23rd May 2017

Source: www.bbc.co.uk

No human rights issues to be raised in EEA appeals, confirms Court of Appeal – Free Movement

Posted May 22nd, 2017 in appeals, EC law, human rights, immigration, news, reasons, tribunals by tracey

‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’

Full story

Free Movement, 19th May 2017

Source: www.freemovement.org.uk

UK law found to be more generous than EU law for jobseekers acquiring permanent residence – Free Movement

‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’

Full story

Free Movement, 22nd May 2017

Source: www.freemovement.org.uk

Victims of slavery and human trafficking ‘abandoned’ as soon as they are identified – The Independent

‘Hundreds of slavery victims in the UK are being “abandoned” by the authorities as soon as they are identified, placing them at risk of falling straight back into the hands of traffickers, experts have warned.’

Full story

The Independent, 22nd May 2017

Source: www.independent.co.uk

Immigration: what to expect from the main parties – Law Society’s Gazette

Posted May 17th, 2017 in elections, immigration, news, political parties by sally

‘On 18 April 2017, despite previous assertions to the contrary, Theresa May called an early general election for 8 June. The unexpected move was intended to bolster the prime minister’s support in parliament as she leads the UK into Brexit negotiations. The decision also left opposition parties little more than seven weeks to attempt to mount successful campaigns.’

Full story

Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

Home Office faces legal challenge over Theresa May’s landlord immigration checks – The Independent

Posted May 16th, 2017 in immigration, landlord & tenant, news, passports, race discrimination by sally

‘The Government is facing a legal challenge over its policy of forcing landlords to conduct immigration checks on their tenant.’

Full story

The Independent, 16th May 2017

Source: www.independent.co.uk

Landmark European court case could curtail freedoms of British dual nationals – The Guardian

Posted May 16th, 2017 in citizenship, EC law, families, immigration, news by sally

‘Judges at the European court of justice have gathered to rule on a landmark case that could have widespread implications for all EU citizens applying for British passports. ‘

Full story

The Guardian, 16th May 2017

Source: www.guardian.co.uk

Family life succeeds in defeating s.94B ‘deport first, appeal later’ certification – Free Movement

Posted May 15th, 2017 in appeals, children, deportation, families, immigration, news, public interest by sally

‘The judgment in OO (Nigeria), R (on the application of) v Secretary of State for the Home Department [2017] EWCA Civ 338 is one of a series of cases challenging the lawfulness of the certification regime under s.94B Nationality Immigration Asylum Act 2002 (as amended). The issue has been considered several times on Free Movement, and judgment is still awaited on the lead test case of Kiarie and Byndloss v SSHD [2015] EWCA Civ 1020, heard by the Supreme Court in March.’

Full story

Free Movement, 15th May 2017

Source: www.freemovement.org.uk

Another successful unlawful detention claim – Free Movement

Posted May 9th, 2017 in damages, detention, immigration, news by tracey

‘R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a further example of the Secretary of State’s ‘enduring casualness’ [23] when dealing with cases involving immigration detention.’

Full story

Free Movement, 9th May 2017

Source: www.freemovement.org.uk

London-born children of EU couple win residency a week after refusal – The Guardian

Posted April 24th, 2017 in children, EC law, immigration, news by tracey

‘Two children who were born in London to an EU couple have been told they can stay in the country after all. The news comes a week after they were told by the Home Office that their application for permanent residency cards was refused.’

Full story

The Guardian, 23rd April 2017

Source: www.guardian.co.uk

Being British is one thing – proving it is another – Legal Voice

Posted April 20th, 2017 in birth, children, citizenship, EC law, freedom of movement, immigration, news by sally

‘In the wake of post-Brexit fears for the future of EU citizens in the UK, lawyers should be aware that many of these children are already British, or can become citizens by right, write Solange Valdez-Symonds and Steve Valdez-Symonds.’

Full story

Legal Voice, 19th April 2017

Source: www.legalvoice.org.uk

Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant – Free Movement

Posted April 20th, 2017 in appeals, human rights, immigration, judgments, news, precedent, Supreme Court by sally

‘The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali [2016] UKSC 60 is confined to cases in which the Immigration Rules are applied and does not apply to cases decided under the statutory human rights considerations introduced by the Immigration Act 2014.’

Full story

Free Movement, 18th April 2017

Source: www.freemovement.org.uk

New fast-track immigration appeal rules proposed – Ministry of Justice

‘A new fast-track system to speed up immigration and asylum appeals for those in detention has been drawn up.’

Full press

Ministry of Justice, 18th April 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Fast-track immigrations proposals ‘put speed before justice’ – Law Society’s Gazette

Posted April 19th, 2017 in appeals, asylum, deportation, detention, immigration, Law Society, news, tribunals by tracey

‘Accelerating appeals for detained asylum seekers risks putting speed before justice, the Law Society has warned, after justice secretary Liz Truss unveiled a new system she says will save taxpayers an estimated £2.7m.’

Full story

Law Society’s Gazette, 18th April 2017

Source: www.lawgazette.co.uk

Revised ‘section 182’ guidance issued to help curb illegal working at licensed premises – OUT-LAW.com

Posted April 13th, 2017 in employment, immigration, licensing, local government, news by sally

‘The UK government has issued new guidance to help local authorities meet duties to check that people selling alcohol in licensed premises in England and Wales are entitled to work in the country.’

Full story

OUT-LAW.com, 11th April 2017

Source: www.out-law.com

Death at immigration detention centre comes under investigation – The Guardian

Posted April 11th, 2017 in death in custody, detention, immigration, news by sally

‘An investigation has been launched into the death of a 43-year-old man in an immigration removal centre on Sunday, the Home Office has confirmed.’

Full story

The Guardian, 10th April 2017

Source: www.guardian.co.uk

Immigration checks now required for grant of premises licences – Local Government Lawyer

Posted April 10th, 2017 in immigration, licensed premises, licensing, news by sally

‘New powers to prevent illegal working in premises that sell alcohol or provide late night refreshment have come into force in England and Wales.’

Full story

Local Government Lawyer, 10th April 2017

Source: www.localgovernmentlawyer.co.uk

New powers to tackle illegal working in licensed premises – Home Office

Posted April 7th, 2017 in immigration, licensed premises, licensing, press releases by tracey

‘New powers to prevent illegal working in premises that sell alcohol or provide late night refreshment have come into force in England and Wales today.’

Full press release

Home Office, 6th April 2017

Source: www.gov.uk/home-office

Immigration and Minimum Income Requirements – “significant hardship” caused, but still ECHR compatible – UK Human Rights Blog

‘SS (Congo) v Entry Clearance Officer, Nairobi, [2017] UKSC 10. The Supreme Court has ruled that, in principle, the need for spouses or civil partners in the UK to have an annual minimum income of £18,600 in order to obtain entry clearance for their non-EEA spouse/civil partner to be compliant with the European Convention on Human Rights (“ECHR”). However, the Supreme Court stated that the relevant Immigration Rules relating to such Minimum Income Requirements (“MIR”) failed to adequately take account of the need to safeguard and promote the welfare of children when making an entry decision. Finally, the prohibition on taking into account prospective earnings of the foreign spouse or civil partner when applying the MIR was inconsistent with the evaluative exercise required under Article 8, ECHR.’

Full story

UK Human Rights Blog, 6th April 2017

Source: www.ukhumanrightsblog.com