Gay rugby player wins five-year battle against deportation to Kenya – The Guardian

‘A gay rugby player is celebrating after winning a five-year battle against deportation to Kenya, where he feared he would be persecuted because of his sexuality.’

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The Guardian, 19th July 2021

Source: www.theguardian.com

Article 31 of the Refugee Convention – Commons Library Research Briefing

Posted July 19th, 2021 in asylum, bills, immigration, news, parliament, refugees by michael

‘Article 31 of the 1951 Refugee Convention is concerned with “refugees unlawfully in the country of refuge”.’

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House of Commons Library, 15th July 2021

Source: commonslibrary.parliament.uk

Nationality and Borders Bill 2021-22 – Commons Library Research Briefing

‘The Nationality and Borders Bill of 2021-22 was introduced to the House on 6 July. Second reading will take place on 19 and 20 July.’

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House of Commons Library, 15th July 2021

Source: commonslibrary.parliament.uk

Zimbabwean nationals with British children rounded up for deportation – The Independent

‘Zimbabwean nationals who have been in the UK for decades and have British children are being rounded up for removal on a charter flight to Harare next week, The Independent can reveal.’

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The Independent, 15th July 2021

Source: www.independent.co.uk

How undocumented migrants are blocked from booking Covid vaccinations – The Independent

Posted July 16th, 2021 in coronavirus, doctors, identification, immigration, news, vaccination by sally

‘Hundreds of thousands of undocumented migrants face being blocked from booking Covid vaccinations, it can be revealed, because GP surgeries are refusing to register them – in breach of official guidance.’

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The Independent, 16th July 2021

Source: www.independent.co.uk

Migrant rough sleeper facing eviction from London accommodation – The Guardian

Posted July 13th, 2021 in homelessness, hotels, housing, immigration, local government, news by sally

‘A migrant rough sleeper is facing eviction from emergency hotel accommodation by a London council because he refuses to return to his home country.’

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The Guardian, 12th July 2021

Source: www.theguardian.com

CPS publishes updated guidance for handling of illegal entry cases via small boats – Crown Prosecution Service

‘Prosecutors and law enforcement agencies have agreed a consistent approach to the handling of cases involving illegal entry to the UK via small boats and lorries.’

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Crown Prosecution Service, 8th July 2021

Source: www.cps.gov.uk

Home Office forced to pay out £9.3m in compensation for over 300 cases of unlawful detention last year – The Independent

‘The Home Office was forced to pay out a record in compensation for wrongful detention under immigration powers last year.’

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The Independent, 10th July 2021

Source: www.independent.co.uk

Home Office ‘acting unlawfully’ in rush to deport asylum seekers – The Guardian

‘Hundreds of people arriving in England in small boats are being immediately detained in immigration removal centres, raising fears of a new, secret Home Office policy to deport them without their asylum claims being properly considered.’

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The Guardian, 11th July 2021

Source: www.theguardian.com

Fijian-born soldiers given right to live in UK despite legal battle loss – The Guardian

Posted July 12th, 2021 in armed forces, colonies, Fiji, government departments, immigration, news, visas by sally

‘A group of Fijian-born soldiers who sued the government after being classified as illegal immigrants have been granted leave to remain in the UK, despite losing their legal battle against the Ministry of Defence (MoD) and the Home Office.’

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The Guardian, 11th July 2021

Source: www.theguardian.com

Migrants who steer dinghies across English Channel to claim asylum will no longer be prosecuted – The Independent

Posted July 9th, 2021 in asylum, bills, Crown Prosecution Service, immigration, news, prosecutions by sally

‘Migrants who steer dinghies across the English Channel with the sole intention of claiming asylum in port will no longer be prosecuted, the Crown Prosecution Service (CPS) has said.’

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The Independent, 8th July 2021

Source: www.independent.co.uk

“Powerful reasons” doctrine is no longer good law – EIN Blog

‘As to the seven year rule saga, the Court of Appeal has held that in a situation where a child whose parents had no entitlement to leave to remain in the UK applied for leave to remain pursuant to paragraph 276ADE(1)(iv) of the Immigration Rules on the basis that they had seven years’ continuous residence and it would not be reasonable to expect them to leave, the starting point is that it would be reasonable to expect them to leave with their parents. Overstayers “NA” and “SB” were a married couple and were Bangladeshi nationals whose children “YS” and “YA” were born in the UK. The family appealed against a decision of the Upper Tribunal upholding the SSHD’s refusal of their application for leave to remain in the UK. In April 2018 the family applied for leave to remain. YS had made his claim under paragraph 276ADE(1)(iv) on the basis that he had lived continuously in the UK for at least seven years and it would not be reasonable to expect him to leave. His parents and brother had no entitlement to remain under the rules but contended that their removal would interfere with their rights pursuant to article 8 of the ECHR. The decision-maker refused all four applications. In May 2019, FTTJ Bart-Smith dismissed the appeals and UTJ Stephen Smith subsequently found an error of law in the FTT’s decision but re-made it by again dismissing the appeal in November 2019.’

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EIN Blog, 6th July 2021

Source: www.ein.org.uk

A hostile environment risks undermining the jab – EIN Blog

Posted July 6th, 2021 in coronavirus, government departments, immigration, news, vaccination by sally

‘The UK government’s hostile environment policy introduced by Theresa May in May 2012 may undermine what is otherwise a successful Covid vaccination programme. This policy designed to make life so unbearable that “unwelcome migrants” would simply be forced to pack their bags and leave because they cannot access employment, healthcare, accommodation etc. could potentially leave unidentifiable swathes of people unable to access the Covid jab.’

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EIN Blog, 5th June 2021

Source: www.ein.org.uk

Priti Patel announces harsher sentences for migrants in bid to deter Channel crossings – The Independent

Posted July 5th, 2021 in asylum, bills, immigration, news, sentencing by sally

‘The home secretary has announced that migrants seeking to cross the English Channel on small boats, and the people-smugglers enabling them, are to face more severe prison sentence in a bid to deter illegal crossings.’

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The Independent, 4th July 2021

Source: www.independent.co.uk

Four out of five rejected trafficking claims were overturned in UK last year – The Guardian

Posted July 5th, 2021 in appeals, immigration, news, trafficking in human beings by sally

‘Four out of five rejected human trafficking claims challenged in the UK last year were overturned, according to newly obtained figures that have raised concerns that poor decision-making is putting lives at risk.’

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The Guardian, 2nd July 2021

Source: www.theguardian.com

Hundreds of thousands of EU citizens ‘scrabbling’ to attain post-Brexit status before deadline – The Guardian

Posted June 28th, 2021 in brexit, citizenship, EC law, immigration, news, statistics, time limits, visas by sally

‘EU citizens are struggling to apply for post-Brexit settled status as the Home Office reaches “breaking point” coping with a last-minute surge in applications. With three days before the deadline of the EU settlement scheme this Wednesday, campaigners say late applicants are being stuck in online queues as others find it impossible to access advice on the government helpline.’

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The Guardian, 26th June 2021

Source: www.theguardian.com

The Domestic Abuse Act – Law Society’s Gazette

‘The Domestic Abuse Act, which will be implemented later this year, brings in important changes, many of which have been received positively by the sector. These changes will lead to significant developments, enabling frontline professionals to raise awareness and secure protection for survivors of domestic abuse.’

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Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

High court ruling leaves refused asylum seekers at risk of homelessness – The Guardian

‘A high court judge has quashed a ruling that said refused asylum seekers who are destitute must be given accommodation during the pandemic until all Covid restrictions are lifted.’

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The Guardian, 22nd June 2021

Source: www.theguardian.com

Limited leave to remain does not knock out a Zambrano claim – EIN Blog

‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’

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EIN Blog , 21st June 2021

Source: www.ein.org.uk

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

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Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk