Barred from Europe: 2.4m Brits caught in post-Brexit passport chaos – The Independent

Posted March 28th, 2024 in brexit, EC law, immigration, news, passports by tracey

‘Millions of Britons are barred from entering the EU by post-Brexit passport rules that are set to cause chaos over the Easter holidays. With the getaway starting in earnest on Thursday, an estimated 2.4 million travellers have documents that can’t be used for trips to the EU because of the change in expiry requirements.’

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The Independent, 28th March 2024

Source: www.independent.co.uk

Anti-trafficking Chains: Analyzing the Impact of Transparency Legislation in the UK Construction Sector – Law & Social Inquiry

‘A recurring conundrum lies at the heart of current anti-trafficking law and policy. Despite enormous efforts by civil society organizations, corporations, and governments to reduce human trafficking in supply chains, and the introduction of legislation in various countries that requires corporations to take active actions in this field, there is wide agreement that, so far, the desired change has not occurred. This article addresses this puzzle through studying the vibrant anti-trafficking activity in the UK construction sector that emerged following the enactment of the UK Modern Slavery Act 2015 (MSA). Applying socio-legal methods, the article unpacks the structural dynamics that shape the implementation of the MSA in the construction sector. We find that the Act exacerbates the imbalanced power relations between firms and anti-trafficking initiatives, positioning the latter as suppliers of modern slavery risk solutions that are dependent on corporate will and funding. The article demonstrates that anti-trafficking initiatives in the construction sector largely follow a “supply chain logic” that significantly limits their capacities to transform corporate behavior. We develop the notion of “anti-trafficking chains” to describe the dynamics of anti-trafficking activities in supply chains and to problematize the entanglement of anti-trafficking actors in supply chain power structure and logic.’

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Law & Social Inquiry, 14th February 2024

Source: www.cambridge.org

Conor Crummey : The Safety of Rwanda (Asylum and Immigration) Bill and the Judicial ‘Disapplication’ of Statutes – UK Constitutional Law Association

Posted March 26th, 2024 in bills, constitutional law, deportation, immigration, judiciary, news, parliament, Rwanda by tracey

‘The myriad problems with the Safety of Rwanda (Asylum and Immigration) Bill, as well as the policy that the Bill is supposed to facilitate, have been clearly documented. One common criticism is that the Bill would precipitate a “constitutional crisis” by provoking the courts into refusing to recognise its legal effect. Adam Tucker argues that the Bill’s most problematic sections could very well “count as a novel entry in our canon of possible limits of parliamentary sovereignty”. Jeff King argues that the House of Lords would be justified in radically amending or voting the Bill down, precisely because of the danger that it might incite a constitutional crisis. The Lords suggested sweeping amendments to the Bill, all of which were rejected by the Commons. The Bill will continue to go through a ping-pong process between each House before a final wording is settled.’

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UK Constitutional Law Association, 26th March 2024

Source: ukconstitutionallaw.org

Shamima Begum loses bid to challenge removal of her British citizenship – The Independent

‘Shamima Begum has lost her initial bid to challenge the removal of her British citizenship by taking her case to the Supreme Court.’

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The Independent, 25th March 2024

Source: www.independent.co.uk

Consultation on proposed sentencing guidelines for immigration offences – Sentencing Council

Posted March 25th, 2024 in consultations, immigration, news, sentencing, trafficking in human beings by tracey

‘The Sentencing Council is consulting on the first ever sentencing guidelines for immigration offences. The guidelines reflect legislative changes to the Immigration Act 1971 brought in by the Nationality and Borders Act 2022.’

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Sentencing Council, 20th March 2024

Source: www.sentencingcouncil.org.uk

Small boat pilot jailed after endangering more than 50 lives – Home Office

‘A small boat pilot has been jailed after crossing the Channel with more than 50 migrants in a perilously overcrowded dinghy.’

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Home Office, 21st March 2024

Source: www.gov.uk

Rwanda flights: Lords inflict further defeats on government – BBC News

‘The House of Lords has inflicted fresh defeats on the government over its flagship Rwanda bill, meaning further delay to it becoming law.’

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BBC News, 21st March 2024

Source: www.bbc.co.uk

‘Disrespectful of the rule of law’? – Doughty Street Chambers

‘In Maleci (Non-admission of late evidence) [2024] UKUT 00028 (IAC) the Upper Tribunal, chaired by the President, has sought to address a long-running problem in both tiers of the Immigration and Asylum Chamber: the Home Office’s failure to comply with directions or co-operate in proper case management.’

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Doughty Street Chamber, 22nd February 2024

Source: insights.doughtystreet.co.uk

Migrant Work, Gender and the Hostile Environment: A Human Rights Analysis – Industrial Law Journal

‘This article addresses work-related and gendered harms of the “hostile environment”, a set of measures implemented through the Immigration Acts of 2014 and 2016, which aims to make life in the UK impossible for irregular migrants. The hostile environment criminalises work without legal status, facilitates data sharing between public bodies and immigration enforcement, and restricts access services and benefits. The article examines factors that can make women susceptible to irregularity and exposure to hostile environment measures, and distinctive forms of gendered harm such as workplace sexual harassment. It argues that the detrimental impacts of the hostile environment contravene international and regional human rights obligations. Barring certain migrants from access to the labour market may violate the socio-economic right to work and/ or the right to private and family life, while a lack of access to legal remedy or labour inspection fuelled can violate migrants’ right to decent work and undermine protections against forced labour. The UK’s recent ratification of the Council of Europe’s “Istanbul Convention” and ILO Convention 190 on violence and harassment at work signifies a renewed commitment to safeguarding women regardless of migration status, but the universalistic potential of these instruments is undermined by the hostile environment’s continued operation.’

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Industrial Law Journal, March 2024

Source: academic.oup.com

Rwanda bill could become law without independent scrutiny, says ex-watchdog – The Guardian

‘Rishi Sunak’s Rwanda deportation bill could be forced on to the statute books without fulfilling the government’s legal commitment to independent scrutiny, the former borders watchdog has told peers.’

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The Guardian, 19th March 2024

Source: www.theguardian.com

Home Office attempt to deport UK-born man was illegal, judge says – The Guardian

Posted March 19th, 2024 in citizenship, deportation, government departments, immigration, news by tracey

‘The Home Office acted unlawfully in trying to deport a British-born man who has never left the country to Portugal, from where his parents arrived more than 30 years ago, a judge has ruled.’

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The Guardian, 18th March 2024

Source: www.theguardian.com

Two jailed for trying to smuggle migrants out of UK – BBC News

Posted March 18th, 2024 in immigration, imprisonment, news, sentencing, trafficking in human beings by tracey

‘Two men have been jailed for a total of 12 years for trying to smuggle migrants out of the UK in a refrigerated lorry.’

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BBC News, 15th March 2024

Source: www.bbc.co.uk

The UK and the ECHR After Brexit: The Challenge of Immigration Control – EIN Blog

Posted March 15th, 2024 in asylum, brexit, EC law, human rights, immigration, news by sally

‘This article examines the challenges that immigration control-related political imperatives in the United Kingdom (UK) have posed for UK compliance with the European Convention on Human Rights (ECHR) and evaluates the challenges that the UK’s moving away from ECHR compliance pose for its post-Brexit relationship with the European Union (EU) and its member states. The contribution begins with an examination of the constitutional parameters of UK (non-)compliance with the ECHR in the field of immigration control and the implications of this for the post-Brexit arrangements with the EU and its member states. The contribution then focuses on substantive immigration and refugee law and the impact of the current situation on asylum transfer co-operation within and outside of the EU. Through these areas, the article examines how EU law has infiltrated the interpretation of the ECHR with the result of raising standards of protection for asylum seekers and migrants and hampering the exercise of state sovereignty in the field.’

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EIN Blog, 14th March 2024

Source: www.ein.org.uk

Madeline Gleeson & Theodore Konstadinides: The UK’s Rwanda policy and Lessons from Australia- UK Constitutional Law Association

‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’

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UK Constitutional Law Association, 14th March 2024

Source: ukconstitutionallaw.org

Court of appeal decides the secretary of state is wrong, wrong, wrong: the charter applies to people with pre-settled status – Journal of Social Welfare and Family Law

‘Previously in the saga of benefits and pre-settled status (PSS – the status awarded to EU nationals and their family members covered by the Withdrawal Agreement if they have been in the UK less than 5 years), the UK government introduced regulations in 2019 stipulating that PSS awarded under the EU Settlement Scheme was not a sufficient right to reside for EU nationals to pass the habitual residence test when claiming many benefits. These regulations were challenged on the basis that they were discriminatory on the grounds of nationality, and while the Court of Appeal (COA) agreed in Fratila v SSWP [2020] EWCA Civ 1741, the Court of Justice of the European Union (CJEU) found in CG that people with PSS were not protected from nationality discrimination (Case C-709/20 CG v The Department for Communities in Northern Ireland EU:C:2021:602).’

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Journal of Social Welfare and Family Law, 8th March 2024

Source: www.tandfonline.com

Civil servants threaten ministers with legal action over Rwanda bill – The Guardian

‘Civil servants have threatened ministers with legal action over concerns that senior Home Office staff could be in breach of international law if they implement the government’s Rwanda deportation bill.’

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The Guardian, 12th March 2024

Source: www.theguardian.com

Home Office is dysfunctional, says ex-borders watchdog David Neal – BBC News

Posted March 11th, 2024 in government departments, immigration, news, whistleblowers by tracey

‘The Home Office is dysfunctional and in urgent need of reform, the recently-sacked independent borders inspector has told the BBC’s Today Podcast.’

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BBC News, 11th March 2024

Source: www.bbc.co.uk

Navigating the New UK Unmarried Partner Visa Rules – Richmond Chambers

Posted March 8th, 2024 in chambers articles, cohabitation, families, immigration, news, visas by sally

‘To enter the UK as a “partner” under Appendix FM to the Immigration Rules (“FM” being short for “Family Member”), there are three possible ways to qualify as a “partner”. First, as a “spouse”. Second, as a “civil partner”. Third, as an “unmarried partner”.’

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Richmond Chambers, 28th February 2024

Source: immigrationbarrister.co.uk

Afghanistan: Judge hunted by Taliban wins court case against UK government – BBC News

Posted March 8th, 2024 in Afghanistan, asylum, government departments, immigration, judges, news by sally

‘An Afghan judge who has been forced to go into hiding from the Taliban was wrongly refused relocation to the UK, the High Court has ruled.’

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BBC News, 7th March 2024

Source: www.bbc.co.uk

Rwanda bill: House of Lords inflicts further defeats on government plan – BBC News

Posted March 7th, 2024 in asylum, bills, deportation, immigration, news, parliament, Rwanda by sally

‘The government has suffered five further defeats in the House of Lords over its Rwanda bill.’

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BBC News, 6th March 2024

Source: www.bbc.co.uk