Upper Tribunal Rejects Points-Based Approach to Article 8 Proportionality Assessment – EIN Blog

‘Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining effective immigration control by removing a foreign national to their country of origin.’

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EIN Blog, 23rd August 2022

Source: www.ein.org.uk

Local authority age assessments considered in R (HAM) v Brent LBC – UK Human Rights Blog

Posted August 23rd, 2022 in asylum, children, human rights, immigration, judicial review, local government, news by sally

‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’

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UK Human Rights Blog, 22nd August 2022

Source: ukhumanrightsblog.com

Poorly drafted long residence rules lead to avoidable litigation – EIN Blog

Posted August 22nd, 2022 in appeals, drafting, immigration, news, statutory interpretation, time limits, visas by tracey

‘R (Iyieke) v Secretary of State for the Home Department [2022] EWCA Civ 1147 (11 August 2022). The Court of Appeal has held that Mr Victormills Onyekachi Iyieke, who had applied for indefinite leave to remain (“ILR”) on the ground of 10 years’ continuous lawful residence in the UK and who had a period of overstaying in 2014 “book-ended” by periods of leave was not able to rely on paragraph 276B(v) of the Immigration Rules. It is notable that current overstaying and previous overstaying between periods of leave are referred to as “open-ended” and “book-ended” overstaying. Furthermore, the Court of Appeal observed that under paragraph 276B(v) a period of overstaying between periods of leave was disregarded where the previous application was made before 24 November 2016 and within 28 days of the expiry of leave. Mr Iyieke had made an application within 28 days of the expiry of his leave in 2014—that was unsuccessful and he was later granted temporary admission on other grounds. In paragraph 276B(v), “the previous application” could not refer to any unsuccessful application made in a period of book-ended leave before 24 November 2016. The reference was to “the” previous application and not “a” previous application and “the” previous application had to have resulted in a period of leave. Mr Iyieke had a post-study work visa which expired on 9 August 2014. He applied for leave to remain on 2 September 2014, which was within 24 days of the expiry of his post-study work visa.’

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EIN Blog, 18th August 2022

Source: www.ein.org.uk

Priti Patel signs landmark returns deal with Pakistan – Home Office

Posted August 19th, 2022 in criminal justice, deportation, government departments, immigration, news, Pakistan by tracey

‘New agreement to remove Pakistani nationals with no legal right to remain in the UK, including criminals, failed asylum seekers and immigration offenders.’

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Home Office, 17th August 2022

Source: www.gov.uk

UK Spouse Visa Requirements and How to Apply – Family Law

Posted August 19th, 2022 in families, immigration, news, visas by tracey

‘The UK Spouse Visa is for partners of British or Irish citizens, persons with indefinite leave to remain in the UK, refugee leave or humanitarian protection or limited leave to remain under Appendix EU or Appendix ECAA, who wish to join, or stay with, their husband or wife in the UK. You can also apply for a UK Spouse Visa if your Spouse is outside the UK, but is intending to return to the UK with you.’

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Family Law, 19th August 2022

Source: www.familylaw.co.uk

High Court rejects challenge to SDT case management decisions – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) was right not to order the Solicitors Regulation Authority (SRA) to seek information from the BBC on behalf of a solicitor facing prosecution, the High Court has ruled.’

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Legal Futures, 15th August 2022

Source: www.legalfutures.co.uk

My son with schizophrenia was ‘unlawfully deported’ to Jamaica – BBC News

‘The family of a man with schizophrenia is taking legal action against the Home Office for allegedly unlawfully deporting him to Jamaica.’

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BBC News, 13th August 2022

Source: www.bbc.co.uk

High Court judge issues ruling on fairness of age assessment procedure – Local Government Lawyer

Posted August 5th, 2022 in asylum, children, immigration, local government, news, social services by tracey

‘The High Court has found against the London Borough of Brent in a case concerning the age of an asylum seeker even though Mr Justice Swift said the council’s conduct was “not an error of the most serious nature”.’

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Local Government Lawyer, 4th August 2022

Source: www.localgovernmentlawyer.co.uk

Asylum seekers in UK waiting more than six months for decision must be allowed to work, UN says – The Independent

Posted August 5th, 2022 in asylum, delay, employment, forced labour, government departments, immigration, news by tracey

‘The government must allow the 70,000 asylum seekers waiting more than six months for a decision to work to stop them from being exploited and drawn into modern slavery, the UN Refugee Agency (UNHCR) has said.’

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The Independent, 4th August 2022

Source: www.independent.co.uk

Home Office paid out £70m in compensation and legal costs last year – The Guardian

Posted August 5th, 2022 in asylum, compensation, costs, detention, government departments, immigration, news, victims by tracey

‘£25.1m was handed out to Windrush scandal victims and £12.7m to people wrongfully detained in immigration centres.’

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The Guardian, 5th August 2022

Source: www.theguardian.com

UK policing and border control infiltrated by war mentality, says report – The Guardian

‘Policing, border control and surveillance have become increasingly militarised in the UK and infiltrated by a “war mentality”, according to a report.’

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The Guardian, 4th August 2022

Source: www.theguardian.com

Windrush man was treated shamefully, appeal judges say – BBC News

Posted July 28th, 2022 in appeals, assault, citizenship, colonies, criminal records, immigration, news by sally

‘A man who travelled to Britain in 1960 when he was three, as part of the Windrush generation, was “shamefully treated”, senior judges have said.’

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BBC News, 28th July 2022

Source: www.bbc.co.uk

Out-of-wedlock children struggle to prove their identity in immigration – EIN Blog

Posted July 27th, 2022 in birth certificates, children, DNA, families, immigration, Jamaica, news by sally

‘Identity of one’s self is important in almost every aspect of one’s life. And this is also the case when it comes to trying to prove your identity in the legal sphere, namely, immigration. This pursuit of identity has been problematic for those children born out of wedlock in countries such as Jamaica, where giving birth to a child out of wedlock still attracts scorn and ostracism and subsequently struggle to prove their paternity for immigration purposes.’

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EIN Blog, 25th July 2022

Source: www.ein.org.uk

Court of Appeal rejects section 3C leave argument in 10 years’ continuous lawful residence claim – EIN Blog

Posted July 26th, 2022 in appeals, immigration, news, notification by sally

‘In this appeal involving indefinite leave to remain (ILR) on the basis of 10 years’ continuous lawful residence and notices, the Court of Appeal held that Mr Marepally whose application for leave to remain had been rejected by a deficient notice, which failed to inform him of his right to appeal, could not rely on section 3C(2)(a) of the Immigration Act 1971 in order to extend his overall period of leave so that he accrued 10 years’ continuous lawful residence. Moreover, the failure to inform him of his right to appeal had caused no injustice as his appeal would have failed in any event. Mr Marepally had a complex immigration history and appealed against the decision that he was not entitled to indefinite leave to remain in the UK. He had entered the UK in February 2009 with entry clearance until 30 April 2014 as a Tier 4 student. Mr Marepally’s leave to remain as a student was curtailed in January 2014, and his application for further leave to remain was rejected. On 29 April 2014 he applied again (unsuccessfully) for leave to remain as a student. His appeal was eventually allowed on 6 May 2016 after which he varied his April 2014 application (on 25 January 2017) by applying for leave to remain as a Tier 5 worker. That application was refused on 29 March 2017, but the notice was deficient and it did not inform him of his right to appeal.’

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EIN Blog, 25th July 2022

Source: www.ein.org.uk

Brenda Hale: ‘There’s absolutely no need to scrap the Human Rights Act’ – The Guardian

‘renda Hale is a British judge who served as president of the supreme court of the United Kingdom from 2017 until her retirement in 2020. Lady Hale studied law at Cambridge, was called to the bar and then worked as an academic for many years. In 1984, she became the youngest person to be appointed to the Law Commission. In 1999, she was only the second woman to be appointed to the court of appeal. It fell to Hale, in September 2019, to deliver the judgment of the supreme court in the matter of the Queen’s prorogation of parliament on the advice of Boris Johnson. The court ruled that the prorogation was unlawful and the spider brooch Hale wore on that fateful day became one of the most famous fashion accessories in history. Her memoir, Spider Woman: A Life, is now out in paperback.’

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The Guardian, 24th July 2022

Source: www.theguardian.com

‘Damning’ report slams ‘poor’ Home Office response to Channel crossings – The Independent

Posted July 22nd, 2022 in government departments, immigration, news, reports by tracey

‘The Home Office response to the surge in Channel crossings is “poor” and the “system is overwhelmed”, according to a watchdog. Chief Inspector of Borders and Immigration David Neal found that problems arose mainly due to a “refusal” by the Government department to move from an “emergency response to what has rapidly become steady state, or business as usual”.’

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The Independent, 21st July 2022

Source: www.independent.co.uk

New Judgment: HA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) RA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) AA (Nigeria) (Respondent) v Secretary of State for the Home Department (Appellant) [2022] UKSC 22 – UKSC Blog

‘These three conjoined appeals concern the statutory regime governing the deportation of foreign criminals under section 117C of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). A “foreign criminal” for the purposes of these appeals is a person who is not a British citizen, is convicted in the UK of an offence, and who is sentenced to a period of imprisonment of at least 12 months. The 2002 Act divides foreign criminals who have been sentenced to terms of imprisonment into two categories. Those sentenced to at least 12 months, but less than four years (“medium offenders”), can avoid deportation if they can establish that its effect on a qualifying child or partner would be “unduly harsh” (“the unduly harsh test”). This is known as Exception 2. Exception 1, which relates to length of lawful residence and integration, is not in issue in this appeal. Those sentenced to at least four years (“serious offenders”) can avoid deportation if they establish that there are “very compelling circumstances, over and above those described in Exceptions 1 and 2” (“the very compelling circumstances test”). Whether deportation would produce unduly harsh effects for a qualifying partner/child is relevant there too.’

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UKSC Blog, 20th July 2022

Source: ukscblog.com

UK’s ‘quick-fix’ asylum policies criticised in damning MPs’ report – The Guardian

‘Headline grabbing policies such as sending asylum seekers to Rwanda to have their claims processed are failing to halt Channel crossings, which could double by the end of this year, according to a parliamentary report. The home affairs select committee has published a damning and wide ranging report into the failures of Home Office asylum policies, including stopping refugees from crossing the Channel in small boats.’

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The Guardian, 18th July 2022

Source: www.theguardian.com

New Guidance on Private Life and Relationships with Partner – EIN Blog

Posted July 15th, 2022 in children, families, immigration, news, visas by tracey

‘At the end of June 2022 two new guidances were issued. The newly emerged guidance on private life which came into force on 20th June 2022 and a new policy guidance on relationships with a partner relating to Appendix relationships with partner.’

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EIN Blog, 15th July 2022

Source: www.ein.org.uk

Mo Farah: What would happen to a trafficked child in the UK today? – The Independent

‘Sir Mo Farah’s decision to reveal that he was a victim of human trafficking as a child has sparked questions over how he would be treated if he arrived in the UK today.’

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The Independent, 12th July 2022

Source: www.independent.co.uk