In depth look at the new Home Office settlement policy for refugees after five years – Free Movement

Posted June 23rd, 2017 in government departments, immigration, news, refugees by tracey

‘In March 2017 the Home Office has announced a new policy of reviewing whether all refugees require protection at the end of a 5 year initial period of Refugee Status. This policy is effective for all existing and future applications for Indefinite Leave to Remain (“ILR”) as a Refugee. This policy has now been effective for three months and, with Refugee Week upon us, it is a good opportunity to delve into it in greater detail.’

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Free Movement, 22nd June 2017

Source: www.freemovement.org.uk

Regina (Khan) v Secretary of State for the Home Department – WLR Daily

Regina (Khan) v Secretary of State for the Home Department [2017] EWCA Civ 424

‘The claimant, a national of Pakistan, had limited leave to remain in the United Kingdom. A few days before the expiry of his leave he applied for an extension of his period of leave. The Secretary of State rejected that application on the grounds that it had not been accompanied by the required fee. Since the claimant had no right of appeal against this rejection, he submitted a renewed application accompanied by the required fee. The Secretary of State refused that application on the merits, informing the claimant that he had no right of appeal against her refusal since his renewed application had been made at a time when he had no leave to remain. The claimant sought judicial review of the Secretary of State’s determination that he had no right of appeal, contending that he had had leave to remain at the time of making his renewed application since his leave had been automatically extended pursuant to section 3C of the Immigration Act 1971 when he made his original application for an extension, and was still continuing. The claimant was granted permission to proceed with his claim, but at the full hearing the Upper Tribunal dismissed the claim on the basis that the claimant had an alternative remedy in the form of an appeal to the First-tier Tribunal.’

WLR Daily, 8th June 2017

Source: www.iclr.co.uk

Refugee campaigners launch legal challenge over Home Office ‘failure’ to implement Dubs scheme – The Independent

‘Campaigners have launched a High Court challenge against the Government over the number of unaccompanied child refugees accepted into the UK under the Dubs scheme.’

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The Independent, 20th June 2017

Source: www.independent.co.uk

Hundreds of thousands of illegal immigrants drop off radar in the UK every year according to secret figures – Daily Telegraph

Posted June 16th, 2017 in immigration, news, statistics by tracey

‘Up to 250,000 people drop off the radar and end up as illegal immigrants in Britain every year, according to secret Home Office figures, amid warnings that border controls are completely ineffective and will only get worse after Brexit. David Wood, who was head of immigration enforcement at the Home Office until 2015, said that more than 1.2million illegal immigrants are currently living in Britain, predominantly after overstaying their visas.’

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Daily Telegraph, 16th June 2017

Source: www.telegraph.co.uk

Supreme court rules UK system for deporting foreign criminals unlawful – The Guardian

Posted June 15th, 2017 in appeals, deportation, evidence, human rights, immigration, news, Supreme Court by sally

‘The Home Office’s “deport first, appeal later” policy for removing foreign criminals has been ruled unlawful by the supreme court.’

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The Guardian, 14th June 2017

Source: www.theguardian.com

Tier 2: is it Brexit ready? – Free Movement

‘Everything about the UK work permit system is designed to disincentivise employers importing migrant labour from outside of the EU.’

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Free Movement, 12th June 2017

Source: www.freemovement.org.uk

Judge hits out at border controls after alleged mastermind of Britain’s biggest ever banking fraud flees despite no passport – Daily Telegraph

‘A judge has hit out at UK border controls after a tycoon suspected of masterminding Britain’s biggest ever banking fraud was able to flee to Pakistan despite having no passport and whilst wearing an electronic tag.’

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Daily Telegraph, 8th June 2017

Source: www.telegraph.co.uk

Zimbabwean national unlawfully detained after Home Office fails to serve immigration decision – Free Movement

‘Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK before detaining him, rendering his detention unlawful. The case is R (on the application of) Godwin Chaparadza v Secretary of State for the Home Department [2017] EWHC 1209 (Admin).’

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Free Movement, 7th June 2017

Source: www.freemovement.org.uk

When must the tribunal allow appeals against Home Office decisions containing errors of law? – Free Movement

Posted June 6th, 2017 in appeals, government departments, immigration, news, tribunals by tracey

‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’

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Free Movement 5th June 2017

Source: www.freemovement.org.uk

UK unlawfully denies transfer to UK of refugees living for 18 years in Cyprus British Sovereign Base – Free Movement

Posted June 6th, 2017 in appeals, armed forces, immigration, news, refugees, treaties by tracey

‘R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397. The British Sovereign Base Areas (“SBAs”) are small British-run areas on the Cyprus islands that survived the former colony’s independence. The Home Office has taken the position for a number of years that the Refugee Convention does not apply there. The Court of Appeal has unanimously held that in doing so, then-Home Secretary Theresa May acted unlawfully in denying refugees from the SBAs access to the UK.’

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Free Movement, 6th June 2017

Source: www.freemovement.org.uk

When must the tribunal allow appeals against Home Office decisions containing errors of law? – Free Movement

Posted June 5th, 2017 in appeals, government departments, immigration, news, tribunals by tracey

‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’

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Free Movement, 5th June 2017

Source: www.freemovement.org.uk

Romanian nurse suspended for failing to understand English – Daily Telegraph

‘A Romanian nurse hired after being interviewed via Skype put patients’ health at risk because his English was so bad, a tribunal has heard.’

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Daily Telegraph, 2nd June 2017

Source: www.telegraph.co.uk

UK wrong to deny residence rights for non-EEA family members of dual nationals – Free Movement

Posted June 1st, 2017 in citizenship, EC law, families, immigration, news by sally

‘The question about what rights are enjoyed by an EU citizen who naturalises as a British citizen becoming a dual citizen is critically important in the context of Brexit.’

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Free Movement, 31st May 2017

Source: www.freemovement.org.uk

UK wrong to deny residency rights in test case, EU’s legal adviser says – The Guardian

Posted May 31st, 2017 in citizenship, EC law, immigration, married persons, news by sally

‘The Home Office was wrong to deny the Algerian husband of a dual British-Spanish citizen the right to live with her in the UK, according to the initial opinion of the European court of justice’s advocate general in a test case.’

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The Guardian, 30th May 2017

Source: www.theguardian.com

Court of Appeal dismisses challenge to rules on Adult Dependent Relatives – Free Movement

Posted May 30th, 2017 in appeals, elderly, families, immigration, news, regulations by sally

‘The Court of Appeal has dismissed the challenge brought by campaign group Britcits to the restrictive Immigration Rules on the admission to the UK of parents, grandparents and other adult dependent relatives. The case is BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368.’

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Free Movement, 30th May 2017

Source: www.freemovement.org.uk

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.’

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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.’

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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.’

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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.’

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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.’

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The Independent, 22nd May 2017

Source: www.independent.co.uk