Home Office ignored warnings that could have prevented Windrush suffering, finds watchdog – The Independent

Posted January 14th, 2021 in citizenship, colonies, government departments, immigration, news, reports by sally

‘The Home Office ignored warnings that could have prevented some of the suffering experienced by the Windrush generation, the government’s own immigration watchdog has said.’

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The Independent, 13th January 2021

Source: www.independent.co.uk

6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other

‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’

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Each Other, 8th January 2021

Source: eachother.org.uk

Court of Appeal criticises the Immigration Rules and changes law on 10 year rule – 5SAH

Posted January 8th, 2021 in appeals, chambers articles, immigration, news, statutory interpretation by sally

‘The Court of Appeal handed down its long awaited decision in Hoque & Ors v SSHD [2020] EWCA Civ 1357 on the 23 October 2020, here they address the issue of gaps in lawful residence in 10 Years Long residence applications. Specifically, it was the operation of 276B(v) with 39E, which had provided an exception for overstayers, where periods of overstaying could fall to be disregarded under 276B(v), that was the subject of much scrutiny by the Court.’

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5SAH, 5th January 2021

Source: www.5sah.co.uk

Age assessments 2020: a year in review – Doughty Street

Posted January 8th, 2021 in asylum, chambers articles, children, immigration, local government, news by sally

‘This article will provide an overview of some of the key legal cases concerning age assessments and support for those whose age is disputed.’

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Doughty Street, 7th January 2021

Source: insights.doughtystreet.co.uk

Judge fines trio who provided unregulated legal advice – Legal Futures

‘Directors from two legal businesses which generated £2.5m in fees by providing unregulated immigration advice have been fined nearly £17,000 and ordered to pay over £28,000 in compensation.’

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Legal Futures, 7th January 2021

Source: www.legalfutures.co.uk

Migrant domestic abuse victims’ data must not be shared between police and Home Office, report warns – The Independent

‘Police and government must urgently introduce measures to stop police sharing domestic abuse victims’ immigration data with the Home Office, a major new report has warned.
Campaigners have routinely voiced fears women with unsettled immigration status who are suffering domestic violence are often too fearful to report the abuse due to fears police will share their data with the Home Office and they will face deportation.’

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The Independent, 17th December 2020

Source: www.independent.co.uk

Home Office leaving stateless people facing detention and destitution, warns UN – The Independent

‘The Home Office is leaving stateless people in the UK at risk of homelessness, destitution and prolonged detention, the UN’s refugee agency has warned. A procedure designed to help regularise the status of stateless individuals in Britain is not functioning as well as it should due to procedural weaknesses and the approach to decision-making, the UNHCR said.’

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The Independent, 16th December 2020

Source: www.independent.co.uk

UK ‘reneges on vow to reunite child refugees with families’ – The Guardian

Posted December 14th, 2020 in asylum, charities, children, families, government departments, immigration, news, refugees by sally

‘Unaccompanied children in France are being told by the French authorities that they should give up hope of being reunited with family in the UK after the Home Office failed to offer the help it had promised. With the deadline to enter the UK legally and safely under the EU’s family reunification rules due to expire at the end of the year, the Home Office is accused of reneging on its vow to help unaccompanied children reunite with family in the UK.’

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The Guardian, 13th December 2020

Source: www.theguardian.com

All Windrush victims to get at least £10,000 – BBC News

‘The government is to give more money to victims of the Windrush scandal, which saw hundreds of people wrongly threatened with deportation.’

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BBC News, 14th December 2020

Source: www.bbc.co.uk

Deportation and family rights – UK Human Rights Blog

‘The European Court of Human Rights has found that the deportation of a Nigerian man from the United Kingdom violated his right to respect for private and family life guaranteed by article 8 of the European Convention on Human Rights. The applicant in Unuane v United Kingdom successfully argued that his removal from the UK was a disproportionate interference with family life because it separated him from his children. Though finding for the applicant, the Court rejected his attack on the compatibility of the Immigration Rules – an issue that as recently as 2016 the Supreme Court had authoritatively settled. The decision is of interest for the Court’s approach to the necessary balancing exercise to be carried out in the sensitive area of human rights challenges to the deportation of foreign criminals.’

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UK Human Rights Blog, 10th December 2020

Source: ukhumanrightsblog.com

UK to deny asylum to refugees passing through ‘safe’ third country – The Guardian

Posted December 11th, 2020 in asylum, brexit, government departments, immigration, international law, news, refugees by sally

‘Ministers have quietly changed immigration rules to prevent people fleeing war or persecution from claiming asylum in the UK if they have passed through a “safe” third country, prompting accusations of a breach of international law. From 1 January, claims of asylum from a person who has travelled through or has a connection to a safe third country, including people coming from EU member states, will be treated as inadmissible.’

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The Guardian, 10th December 2020

Source: www.theguardian.com

Home Office sued by family of Windrush man refused UK citizenship – The Guardian

‘The family of a Windrush man denied British citizenship on the grounds that he failed a good character requirement are suing the Home Office to try to change legislation, arguing the rules are racially discriminatory.’

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The Guardian, 10th December 2020

Source: www.theguardian.com

Home Office wrongly charged 69 Albanians with entering Britain illegally – despite fact they did not reach UK – The Independent

Posted December 10th, 2020 in government departments, immigration, mistake, news by sally

‘Home Office officials wrongly charged 69 people with entering the UK illegally when they had not reached the country, it has emerged.’

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The Independent, 9th December 2020

Source: www.independent.co.uk

Home Office urged to ensure better access to legal advice after Jamaicans taken off flight in eleventh hour – The Independent

Posted December 3rd, 2020 in deportation, immigration, Jamaica, legal representation, news by sally

‘The Home Office is being urged to ensure people facing deportation have adequate access to legal advice prior to their removal after tens of Jamaican nationals were taken off a charter flight following a last-minute legal intervention.’

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The Independent, 3rd December 2020

Source: www.independent.co.uk

Home Office faces legal challenge over asylum seeker payments during Covid – The Guardian

Posted December 2nd, 2020 in asylum, benefits, government departments, immigration, news by sally

‘The Home Office is still failing to provide thousands of asylum seekers in emergency hotel accommodation with basic cash support and essentials more than a month after being instructed by the high court to fulfil their legal requirements to do so.’

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The Guardian, 1st December 2020

Source: www.theguardian.com

Jamaican nationals taken off charter flight in eleventh hour over trafficking concerns – The Independent

‘A number of Jamaican nationals who were due to be deported have been granted last minute reprieve after the Home Office acknowledged they may be victims of modern slavery. Thirteen people were forcibly removed from the UK to Jamaica in the early hours of Wednesday. At least 10 of those who had been due to fly were taken off the flight hours before it was due to leave following legal intervention.’

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The Independent, 2nd December 2020

Source: www.independent.co.uk

Home Office broke equalities law with hostile environment measures – The Guardian

‘The Home Office broke equalities law when it introduced its hostile environment immigration measures, a critical report from the Equality and Human Rights Commission (EHRC) has concluded.’

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The Guardian, 25th November 2020

Source: www.theguardian.com

Racism within the Windrush compensation scheme – The Guardian

‘The Guardian’s Amelia Gentleman wrote her first story on the Windrush scandal almost three years ago – yet she is still hearing from people facing injustice. Alexandra Ankrah, the most senior black Home Office employee in the team responsible for the Windrush compensation scheme, discusses why she resigned this year, describing the scheme as systemically racist and unfit for purpose while Samantha Cooper describes her frustrations with trying to access financial help.’

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The Guardian, 24th November 2020

Source: www.theguardian.com

UK’s ‘no notice’ immigration policy unlawfully interfered with the right to access to justice, holds Court of Appeal – Oxford Human Rights Hub

Posted November 20th, 2020 in appeals, deportation, government departments, immigration, news, notification by sally

‘Until March 2019, the UK operated an immigration policy – set out in Chapter 60 of the General Instructions to Home Office caseworkers – that worked like this: if a migrant did not have leave to enter or remain in the UK (that is, if they were an “irregular migrant”), the Secretary of State for the Home Department could serve a “notice of removal window”. After a short notice period (usually just 72 hours), the “removal window” (usually 3 months) would open. During the removal window, the migrant could forcibly be removed at any time, without further warning.’

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Oxford Human Rights Hub, 16th November 2020

Source: ohrh.law.ox.ac.uk

Overstaying Does Not Break Lawful Residence For 10 Years Long Residence ILR – Richmond Chambers

Posted November 19th, 2020 in domicile, immigration, interpretation, news, regulations by sally

‘This post provides an update on the current landscape of case law addressing the continuous lawful residence requirement for 10 year long residence ILR in light of the case of Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357. Specifically, the Court considered the construction of paragraph 276B(v) regarding disregarding of current and previous overstaying.’

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Richmond Chambers, 10th November 2020

Source: immigrationbarrister.co.uk