Lacuna in leave to remain policy arising from delays in identification of victims of trafficking – Garden Court Chambers

‘In EOG v SSHD [2020] EWHC 3310 (Admin) the Court considered a challenge to the Home Office’s policy not to grant victims of trafficking a right to work or leave to remain whilst they are within the National Referral Mechanism. Mostyn J found in the Claimant’s favour and declared the Home Office’s policy unlawful as it failed to implement the obligation in Article 10.2 of ECAT to protect potential victims of trafficking from removal pending the conclusion of the process. He held that “[s]uffering such persons to remain as overstayers, or as illegal immigrants, does not fulfil the obligation” (§48). He left the issue of how the policy should be reformulated to the Home Office to determine. As regards the right to work, the Judge held that “Someone in the position of the claimant, who has a time-limited right to work, should not have the arbitrary adverse consequence of a removal of that right meted out to her simply by virtue of the delays that she is likely to face” (§48).’

Full Story

Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

How Will Immigration Policies Impact Haulage? – EIN Blog

Posted March 2nd, 2021 in brexit, carriage of goods, immigration, news by sally

‘Brexit cannot be blamed for all the challenges the haulage industry is currently facing. On the other hand, it isn’t helping either. In particular, it’s making recruitment even harder.’

Full Story

EIN Blog, 1st March 2021

Source: www.ein.org.uk

Lawyers to argue for mother and baby’s right to Healthy Start in UK – The Guardian

Posted March 2nd, 2021 in benefits, children, food, health, immigration, judicial review, minorities, news by sally

‘An 11-month-old baby and her mother are bringing a case in the high court to try to secure the baby’s right to free vitamins, formula milk and nutritious food.’

Full Story

The Guardian, 1st March 2021

Source: www.theguardian.com

Supreme Court: Shamima Begum may be barred from UK – UK Human Rights Blog

‘Since 2019 when Shamima Begum was found in a camp in north Syria, her hopes of returning to the UK have ebbed and flowed (see here and here). Stripped of her British citizenship, she brought three sets of legal proceedings. Last week, after a ruling by the Supreme Court, her hopes receded once more. The Home Secretary was entitled to refuse her entry to the UK to pursue her appeal against the loss of citizenship, the Court ruled. So, Ms Begum’s appeal has been stayed, pending some change in her circumstances which will enable her to participate in a hearing – albeit from outside the UK.’

Full Story

UK Human Rights Blog, 1st March 2021

Source: ukhumanrightsblog.com

‘Stansted 15’ face no further action over airport protest – BBC News

‘Protesters who broke into Stansted Airport to stop a plane deporting people to Africa will face no further action through the courts.’

Full Story

BBC News, 25th February 2021

Source: www.bbc.co.uk

Lack of access to lawyers for immigration detainees being held in prison is unlawful, High Court rules – The Independent

Posted February 26th, 2021 in detention, human rights, immigration, legal aid, legal representation, news, prisons by tracey

‘The legal aid provision for immigration detainees held in prisons is unlawful, the High Court has ruled, after it emerged a man was unable to access a lawyer for 10 months and had to represent himself.’

Full Story

The Independent, 25th February 2021

Source: www.independent.co.uk

Victims of human trafficking: can they be criminals as well? – EIN Blog

‘Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

Full Story

EIN Blog 24th February 2021

Source: www.ein.org.uk

What Brexit means for employers and the right to work – EIN Blog

‘In simple terms, Brexit means that EU/EEA nationals are now treated the same way as non-EU/EEA nationals. This fact may, however, not be a lot of help to employers who have only ever recruited from the UK, EU and EEA. With that in mind, here is a quick guide to the new rules.’

Full Story

EIN Blog 22nd February 2021

Source: www.ein.org.uk

Fewer than one in six ‘hostile environment’ raids led to deportations – The Guardian

‘Fewer than one in six of more than 44,000 “intelligence-led” Home Office immigration enforcement raids on people’s homes since the introduction of the “hostile environment” policy have resulted in deportations, according to data obtained by the Guardian.’

Full Story

The Guardian, 21st February 2021

Source: www.theguardian.com

Watchdogs to inspect controversial barracks housing asylum seekers after health fears – The Independent

‘The UK’s prison and immigration watchdogs are to carry out an investigation of two controversial military barracks that are housing asylum seekers, amid mounting concern about conditions on the sites.’

Full Story

The Independent, 11th February 2021

Source: www.independent.co.uk

Domestic Abuse Bill: calls for data ‘firewall’ to protect migrant women – Law Society’s Gazette

‘The government has been urged to remove ‘blind spots’ in the Domestic Abuse Bill that could deter migrant women from reporting domestic abuse to the police for fear of being deported or enable perpetrators to control their victims.’

Full Story

Law Society's Gazette, 3rd February 2021

Source: www.lawgazette.co.uk

EU Settlement Scheme – Read the small print – EIN Blog

Posted February 5th, 2021 in brexit, citizenship, EC law, immigration, news by sally

‘The EU Settlement Scheme is being hailed as a great success, with well over 5 million people who have now applied under the scheme and one might be persuaded to consider it as being a good thing. It would have been much better however, if it had not been a constituent scheme, where people who had been living in the country for decades, were forced to “apply to prove their right to live here” or else face the might of the hostile environment.’

Full Story

EIN Blog, 4th February 2021

Source: www.ein.org.uk

An introduction to the Hong Kong British National (Overseas) visa – Home Office

Posted February 1st, 2021 in China, colonies, government departments, Hong Kong, immigration, press releases, visas by tracey

‘This leaflet provides the key points of the Hong Kong BN(O) visa, including who can apply, how to apply, costs and eligibility requirements.’

Full leaflet

Home Office, 31st January 2021

Source: www.gov.uk/home-office

Home Office put refugees in barracks after fears better housing would ‘undermine confidence’ in system – The Independent

‘The Home Office placed hundreds of asylum seekers in controversial military barracks following fears that better accommodation would “undermine confidence” in the system, internal documents reveal.’

Full Story

The Independent, 31st January 2021

Source: www.independent.co.uk

Stansted 15: Activists who stopped migrant deportation flight have convictions overturned – The Independent

Posted February 1st, 2021 in airports, appeals, demonstrations, deportation, human rights, immigration, news, trespass by tracey

‘A group of activists who stopped a deportation flight leaving Stansted airport have had their convictions overturned by the Court of Appeal.’

Full Story

The Independent, 30th January 2021

Source: www.independent.co.uk

Special UK visa for Hong Kong residents from Sunday – BBC News

Posted January 29th, 2021 in China, colonies, Hong Kong, immigration, news, visas by tracey

‘About 300,000 people are expected to leave Hong Kong for Britain using a new visa route which opens on Sunday. Hong Kong’s British National (Overseas) passport holders and their immediate dependants will be able to apply for the visa using a smartphone app.’

Full Story

BBC News, 29th January 2021

Source: www.bbc.co.uk

Slavery survivors moved ‘without notice, without reason’ in London lockdown – The Guardian

‘Modern slavery survivors with young children were among refugees allegedly forced to move accommodation in London with as little as one day’s notice during coronavirus lockdowns this winter.’

Full Story

The Guardian, 29th January 2021

Source: www.theguardian.com

Upper Tribunal allows appeal over age assessment that failed to meet procedural safeguards – Local Government Lawyer

Posted January 28th, 2021 in appeals, asylum, children, immigration, local government, news by sally

‘An Upper Tribunal judge has granted an asylum seeker a declaration that he was 15 at the age he entered into the country and when he was assessed by Wirral Metropolitan Borough Council, rather than over 18 and more likely 20 as the local authority concluded.’

Full Story

Local Government Lawyer, 28th January 2021

Source: www.localgovernmentlawyer.co.uk

Thousands of EU care workers in UK face losing immigration status – The Independent

Posted January 25th, 2021 in brexit, care workers, EC law, government departments, immigration, news by tracey

‘Care sector faces “devastation” as research shows one in seven EU employees unaware that they must apply to regularise status before June 2021 or be stripped of right to work and live in UK.’

Full Story

The Independent, 25th January 2021

Source: www.independent.co.uk

Home Office criticised prosecutors for ‘applying the law’ in immigration cases, CPS chief says – The Independent

‘The government has repeatedly criticised prosecutors for doing “no more than applying the law”, the head of the Crown Prosecution Service (CPS) has said.’

Full Story

The Independent, 24th January 2021

Source: www.independent.co.uk