David Erdos: Leave to Remain? Data Protection’s ‘Immigration Exemption’ Returns to Court – UK Constitutional Law Association

Posted April 17th, 2023 in bills, constitutional law, data protection, immigration, news by tracey

‘With both the Illegal Migration Bill and the Data Protection and Digital Information (No. 2) Bill currently before Parliament, it is clear that both immigration control and data protection are high on the UK political agenda. Both areas have also been prominent before the courts. Moreover, litigation by the Open Rights Group and the The3million challenging the UK data protection’s so-called “immigration exemption” (DPA 2018, Sch. 2, para. 4) has brought these areas together in a materially impactful way.’

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UK Constitutional Law Association, 17th April 2023

Source: ukconstitutionallaw.org

Windrush victims being failed by compensation scheme – report – BBC News

‘Windrush scandal victims are still facing long waits and inadequate offers of compensation, according to a new report by a global human rights group. Human Rights Watch said the Home Office-run compensation scheme should be handed to an independent body.’

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BBC News, 17th April 2023

Source: www.bbc.co.uk

Sponsor Licence: What Supporting Documents Do You Need? – EIN Blog

‘Obtaining a sponsor licence enables your organisation to sponsor migrant workers or students in the UK. The Home Office will determine whether your organisation is eligible for a sponsor licence by looking at whether you can meet key criteria.’

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EIN Blog, 11th April 2023

Source: www.ein.org.uk

Afghan children and their families abandoned in remote hotels following High Court ruling – Garden Court Chambers

‘Afghan families remain trapped in remote hotels following today’s High Court ruling that the Home Secretary did not act unlawfully by moving them from a London hotel to hotels in a city in the north of England. The move significantly disrupted the children’s education and adults’ employment. Following the judgment, the families remain in temporary accommodation and at risk of further moves, as the Home Office has failed to secure the settled accommodation it promised. The families have been stuck in hotels for over one and a half years since being evacuated from Afghanistan in August 2021.’

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Garden Court Chambers, 24th March 2023

Source: www.gardencourtchambers.co.uk

High Court grants interim injunction over Home Office plan to house asylum seekers at disused airfield – Local Government Lawyer

‘Braintree District Council has secured an interim injunction temporarily blocking Home Office plans to accommodate asylum seekers at an airbase, ahead of a High Court hearing on the matter next week.’

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Local Government Lawyer, 11th April 2023

Source: www.localgovernmentlawyer.co.uk

‘Give or Take a Few Years’: Age Assessments in Care Proceedings – St Philips Barristers

‘Age assessments predominantly arise within the arena of immigration law where the question to be determined is whether the individual concerned is aged under 18. Those seeking to enter the UK are often both unaccompanied and undocumented, and the determination of age is a prerequisite to their legal protection. However, such disputes are not so commonplace in care proceedings. Often, the young person is already residing in the country and usually retains proof of identification.’

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St Philips Barristers, 30th March 2023

Source: st-philips.com

Suella Braverman facing legal action over broken Windrush pledges – The Independent

‘Suella Braverman is facing legal action on the eve of the Windrush scandal anniversary for refusing to implement all the recommendations from an independent review into the government’s wrongdoing.’

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The Independent, 6th April 2023

Source: www.independent.co.uk

Closed Material Procedures in Immigration Cases – Richmond Chambers

‘When an individual challenges a decision made by a public body (as happens in immigration cases), it is generally considered a fundamental feature of natural justice and fairness that they must be shown the evidence relied on by the decision-maker.’

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Richmond Chambers, 24th March 2023

Source: immigrationbarrister.co.uk

Statistics watchdog rebukes Sunak over inaccurate asylum backlog figures – The Guardian

Posted April 5th, 2023 in asylum, government departments, immigration, news, ombudsmen, refugees, statistics by sally

‘Rishi Sunak and his immigration minister have been scolded by the UK statistics watchdog for using inaccurate figures to back up spurious claims about asylum seekers.’

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The Guardian, 5th April 2023

Source: www.theguardian.com

Deported man extradited over reckless HIV infection jailed – BBC News

Posted April 5th, 2023 in deportation, extradition, HIV, immigration, imprisonment, news, sentencing by sally

‘A man who was deported for being in the UK illegally following an investigation into him infecting a woman with HIV has been jailed 14 years after the offence.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

Local Government Association raises concerns over Illegal Migration Bill, highlights conflict with Children Act 1989 – Local Government Lawyer

Posted April 4th, 2023 in asylum, bills, children, immigration, local government, news by sally

‘The Local Government Association (LGA) has warned that provisions in the Government’s Illegal Migration Bill regarding unaccompanied children could conflict with the Children Act 1989.’

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Local Government Lawyer, 3rd April 2023

Source: www.localgovernmentlawyer.co.uk

The Illegal Migration Bill and the Ireland/Northern Ireland Protocol: The return of the Charter of Fundamental Rights – UK Human Rights Blog

‘This is not a post about the conflict between the provisions of the Illegal Migration Bill and the European Convention on Human Rights (an issue which has already attracted a considerable amount of critical academic commentary – see here and here). Instead, it is a post about the Bill’s potential conflict with the EU Charter of Fundamental Rights (“CFR”) and the UK’s commitments under the EU-UK Withdrawal Agreement, whether (and why) such a conflict matters in domestic law and how (if at all) that conflict could be resolved.’

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UK Human Rights Blog, 31st March 2023

Source: ukhumanrightsblog.com

Home Office accused of building delays into plan to speed asylum claims – The Guardian

Posted March 31st, 2023 in asylum, delay, government departments, immigration, news, refugees by sally

‘Immigration lawyers have accused the Home Office of building delays into a scheme meant to speed up decisions on 12,000 asylum claims.’

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The Guardian, 30th March 2023

Source: www.theguardian.com

Amendments To The Illegal Migration Bill Split Parliament – Each Other

Posted March 30th, 2023 in asylum, bills, deportation, immigration, news, political parties by sally

‘On 27 March, MPs were back in parliament to debate the proposed Illegal Migration Bill. Its return to the House of Commons has reportedly split Tory MPs over the issue of its hardening stance on people arriving on small boats across the Channel.’

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Each Other, 29th March 2023

Source: eachother.org.uk

Illegal migration bill could topple world refugee system, lawmakers told – The Guardian

‘The government’s plans to curtail the rights of asylum seekers could lead to the collapse of the system of international protection for refugees, parliamentarians have been warned.’

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The Guardian, 29th March 2023

Source: www.theguardian.com

Isobel Renzulli: Begum v SSHD (2023): A restrictive approach to Article 4 ECHR – UK Constitutional Law Association

‘On 22 February 2023, the judgment of the Special Immigration Appeals Commission (‘SIAC’ or ‘the Commission’) was published, upholding the Home Secretary’s decision to deprive Shamima Begum of her British citizenship under section 40(2) of the British Nationality Act 1981 (‘‘the BNA 1981’’) on the ground that it would be conducive to the public good to do so, because her return to the United Kingdom would present a national security risk.’

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UK Constitutional Law Association, 29th March 2023

Source: ukconstitutionallaw.org

Afghan refugees lose High Court challenge over Home Office offer of bridging accommodation in Manchester – Local Government Lawyer

‘Afghan refugees who were resettled in London have lost a High Court bid to try to prevent them being sent to Manchester by the Home Office.’

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Local Government Lawyer, 27th March 2023

Source: www.localgovernmentlawyer.co.uk

‘Legal limbo’: Human rights chief steps into small boats bill row – Law Society’s Gazette

‘Proposed legislation aimed at stopping cross-channel migration in small boats would be incompatible with the UK’s international obligations, the leading human rights figure at the 46-member Council of Europe said today. Dunja Mijatović, Council of Europe commissioner for human rights, warned that the provisions of the Illegal Migration Bill ‘create clear and direct tension with well-established and fundamental human rights standards’.’

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Law Society's Gazette, 27th March 2023

Source: www.lawgazette.co.uk

Long Residence rules change from 12 April 2023 – EIN Blog

Posted March 27th, 2023 in immigration, news, visas by tracey

‘The immigration rules provide for an option of applying for indefinite leave to remain after completing 10 years of continuous lawful residence. At present, any type of permission to stay counts as lawful residence, whether or not the permission is in a temporary category or in a long-term immigration route leading to settlement. On 12 April 2023 this rule will change to exclude from the definition of lawful residence temporary immigration categories, such as visitor visa, short term student visa and temporary admission granted while an application for asylum or humanitarian protection is under consideration.’

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EIN Blog, 24th March 2023

Source: www.ein.org.uk

Council takes legal action to stop asylum seekers being sent to Essex airfield – The Guardian

‘An Essex council is seeking an urgent injunction against the Home Office to try to prevent plans to house asylum seekers on an airfield close to a small village.’

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The Guardian, 26th March 2023

Source: www.theguardian.com