UK’s ‘no notice’ immigration policy unlawfully interfered with the right to access to justice, holds Court of Appeal – Oxford Human Rights Hub

Posted November 20th, 2020 in appeals, deportation, government departments, immigration, news, notification by sally

‘Until March 2019, the UK operated an immigration policy – set out in Chapter 60 of the General Instructions to Home Office caseworkers – that worked like this: if a migrant did not have leave to enter or remain in the UK (that is, if they were an “irregular migrant”), the Secretary of State for the Home Department could serve a “notice of removal window”. After a short notice period (usually just 72 hours), the “removal window” (usually 3 months) would open. During the removal window, the migrant could forcibly be removed at any time, without further warning.’

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Oxford Human Rights Hub, 16th November 2020

Source: ohrh.law.ox.ac.uk

Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR – Richmond Chambers

Posted November 19th, 2020 in domicile, immigration, interpretation, news, regulations by sally

‘This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357. Specifically, the Court considered the construction of paragraph 276B(v) regarding disregarding of current and previous overstaying.’

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Richmond Chambers, 10th November 2020

Source: immigrationbarrister.co.uk

Windrush: two years on, victims describe long waits and ‘abysmal’ payouts – The Guardian

‘Applicants to the Windrush compensation scheme have spoken about the difficulties they have experienced in securing payouts. Some are concerned by the long delays between applying and being awarded damages, others have expressed unhappiness about the amount they have been offered.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

The Skilled Worker Route – What’s Changing? – Richmond Chambers

Posted November 17th, 2020 in employment, immigration, news, remuneration, visas by sally

‘The Skilled Worker Route will open to new applications on 1 December 2020, replacing the Tier 2 (General) route which will close on the same day.’

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Richmond Chambers, 9th November 2020

Source: immigrationbarrister.co.uk

Home Office ‘failed to discuss restart of asylum evictions with local authorities’ – The Guardian

‘The Home Office did not discuss the decision to restart asylum evictions with local authorities, it has been revealed, despite concerns about the immediate impact on homelessness and heightened risks of coronavirus transmission.’

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The Guardian, 14th November 2020

Source: www.theguardian.com

Asylum seekers crossing Channel face ‘inhumane treatment’, observers say – The Guardian

Posted November 13th, 2020 in asylum, detention, government departments, health, immigration, news, standards by tracey

‘Independent monitors say migrants arriving at Dover are moved with untreated injuries amid serious documentation errors.’

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The Guardian, 13th November 2020

Source: www.theguardian.com

Immigration Act receives Royal Assent: free movement to end on 31 December 2020 – Home Office

Posted November 12th, 2020 in brexit, EC law, freedom of movement, immigration, legislation, press releases by tracey

‘The Immigration Act has today (Wednesday 11 November 2020) received Royal Assent and been signed into law. This means free movement will end around seven weeks from now, at 11pm on 31 December 2020.’

Full press release

Home Office, 11th November 2020

Source: www.gov.uk/home-office

Home Office ‘missed chance to stop rise in migrant boats’ – BBC News

‘The Home Office failed to stop a rise in migrant boats crossing the English Channel before it was too late, an independent inspector has said.’

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BBC News, 11th November 2020

Source: www.bbc.co.uk

Virus backlogs must not become “new normal”, says Lord Chief – Legal Futures

‘The Lord Chief Justice told MPs yesterday that he is “extremely concerned” that the backlogs that have grown across the justice system since March should not be “viewed by anybody as the new normal”.’

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Legal Futures, 11th November 2020

Source: www.legalfutures.co.uk

The Illegality Defence in the Supreme Court again – Littleton Chambers

‘The common law defence of illegality was considered by the Supreme Court in Patel v Mirza [2016] UKSC 42. The Court rejected the reliance principle as applied in Tinsley v Milligan [1994] 1 AC 340, according to which relief was refused to parties who had to rely on their own illegality to establish their case. In its place, the majority adopted a more flexible approach which openly addressed the underlying policy considerations involved and invited Courts to reach a balanced judgment in each case, permitting account to be taken of the proportionality of the outcome.’

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Littleton Chambers, 4th November 2020

Source: littletonchambers.com

All you need to know about domestic abuse and ILR – EIN Blog

‘Anyone in an abusive relationship is in a dangerous and terrifying situation. But if you are in the UK on a Spouse Visa, Civil Partnership Visa, or Unmarried Partner Visa, the situation is especially frightening. But you are not alone. And you can apply for Indefinite Leave to Remain (ILR), which will allow you to stay permanently in the UK if your relationship breaks down because of domestic violence/abuse.’

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EIN Blog, 9th November 2020

Source: www.ein.org.uk

Disputed burial and the Senior Courts Act 1981: Ganoun – Law & Religion UK

Posted November 2nd, 2020 in bereavement, burials and cremation, families, immigration, injunctions, news, visas by tracey

‘The issue in Ganoun v Joshi & Anor [2020] EWHC 2743 (Ch) was the disposal of the remains of a man who died in September 2020 as a result of a road traffic accident leaving a widow, Ms Joshi [1 & 3].’

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Law & Religion UK, 30th October 2020

Source: lawandreligionuk.com

Children: Public Law Update (October) – Family Law Week

“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”

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Family Law Week, 28th October 2020

Source: www.familylawweek.co.uk

Windrush: At least nine victims died before getting compensation – BBC News

‘At least nine people have died before receiving money applied for through the Windrush compensation scheme, according to Home Office figures.’

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BBC News, 2nd November 2020

Source: www.bbc.co.uk

Fijian-born British soldiers lose latest legal fight to stay in UK – The Guardian

Posted October 27th, 2020 in armed forces, citizenship, immigration, judicial review, medical treatment, news by sally

‘Eight Fijian-born soldiers who served with the British army in Iraq and Afghanistan have been rebuffed in their initial attempt to seek a judicial review of the handling of their immigration claims.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Home Office Removals Policy Unlawful, holds Court of Appeal – UK Human Rights Blog

Posted October 27th, 2020 in deportation, human rights, immigration, ministers' powers and duties, news by sally

‘On 21/10/2020, the Court of Appeal ruled that the Home Office’s removal window policy (“the Policy”) was unlawful. The Policy incorporated an unacceptable risk of interference with the right of access to court by exposing a category of irregular migrants — including those who have claims in respect of their right to life and/or freedom from torture and inhuman or degrading treatment — to the risk of removal without any proper opportunity to challenge a relevant decision in a court or tribunal.’

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UK Human Rights Blog, 27th October 2020

Source: ukhumanrightsblog.com

We can work it out: Understanding the new sponsored worker scheme and options for employing migrant workers post-Brexit – EIN Blog

Posted October 27th, 2020 in brexit, immigration, migrant workers, news, regulations, sponsored immigrants by sally

‘On 22 October 2020 new Immigration Rules were published which will fundamentally change how UK business recruits and retains migrant talent. Here we look at 10 key things to know about these changes, and how they may affect individuals and employers.’

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EIN Blog, 27th October 2020

Source: www.ein.org.uk

Law Society sets out priority areas for reform that would see less need for judicial review challenges – Local Government Lawyer

‘The Law Society has called for four reforms which it says would reduce the need for citizens to resort to judicial review, in its submission to the Independent Review of Administrative Law (IRAL).’

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Local Government Lawyer, 26th October 2020

Source: www.localgovernmentlawyer.co.uk

Windrush man wrongly classified as illegal immigrant left destitute for a year – The Guardian

‘An electrician who was wrongly classified as being an illegal immigrant, despite living in London for more than 45 years, was destitute as he waited a year for the Windrush taskforce to decide on his application to stay in the UK, the parliamentary ombudsman has ruled.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Ministers must end their attacks on lawyers – The Guardian

‘Barristers, solicitors, legal academics and retired judges call for the home secretary and the prime minister to apologise for past remarks and refrain from using hostile language.’

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The Guardian, 25th October 2020

Source: www.theguardian.com