Category: immigration

The Supreme Court’s Rwanda Judgment: What Now for the Government? – Oxford Human Rights Hub

Posted November 22nd, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’

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Oxford Human Rights Hub, 22nd November 2023

Source: ohrh.law.ox.ac.uk

Theodore Konstadinides: Reassessing the UK’s Rwanda Asylum Policy: Tinkering with International Law and the Constitution – UK Constitutional Law Association

Posted November 22nd, 2023 in appeals, asylum, constitutional law, deportation, government departments, human rights, immigration, international law, news, Rwanda, Supreme Court by sally

‘On 15 November, the Supreme Court issued its much-awaited judgment in the case of AAA and others v the Home Secretary, commonly referred to as the Rwanda asylum policy case. The decision came notably quickly, almost a month after the case was heard, indicating the Court’s responsiveness to the urgency and the wider public interest surrounding the case. Despite the swift turnaround, the judgment was meticulously formulated, reflecting the serious implications of the case.’

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UK Constitutional Law Association, 21st November 2023

Source: ukconstitutionallaw.org

Adam Tucker: The Rwanda Policy, Legal Fiction(s), and Parliament’s Legislative Authority – UK Constitutional Law Association

Posted November 22nd, 2023 in appeals, asylum, constitutional law, deportation, government departments, human rights, immigration, news, Rwanda, Supreme Court by sally

‘Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends to “take the extraordinary step of introducing emergency legislation” which “will enable Parliament to confirm that… Rwanda is safe”.’

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UK Constitutional Law Association, 22nd November 2023

Source: ukconstitutionallaw.org

Home Office publishes new policy instruction on lifting NRPF conditions for those on student leave following concession in test case – Garden Court Chambers

Posted November 21st, 2023 in chambers articles, children, education, immigration, judicial review, news, social security, visas by sally

‘Following judicial review proceedings brought by a destitute woman and her one-year-old daughter who were denied access to public funds, the Home Office has published a new policy instruction setting out the circumstances in which no recourse to public funds (‘NRPF’) conditions will be lifted for those on student leave.’

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Garden Court Chambers, 10th October 2023

Source: www.gardencourtchambers.co.uk

Fixer for small-boat people smugglers jailed for seven and a half years – The Independent

Posted November 20th, 2023 in immigration, imprisonment, national crime agency, news, sentencing, trafficking in human beings by tracey

‘An Albanian woman who acted as a fixer for people smugglers arranging small boat crossings to the UK has been jailed for seven and a half years, the National Crime Agency (NCA) said.’

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The Independent, 19th November 2023

Source: www.independent.co.uk

Unanimous Supreme Court: Rwanda removals are unlawful – UK Human Rights Blog

Posted November 17th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by tracey

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’

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UK Human Rights Blog, 15th November 2023

Source: ukhumanrightsblog.com

Immigration Blog: Age Assessments – More Than Just a Number – Garden Court Chambers

Posted November 16th, 2023 in asylum, chambers articles, children, deportation, detention, immigration, news by sally

‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’

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Garden Court Chambers, 2nd October 2023

Source: www.gardencourtchambers.co.uk

Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

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The Guardian, 15th November 2023

Source: www.theguardian.com

Supreme court rules Rwanda plan unlawful: a legal expert explains the judgment, and what happens next – EIN Blog

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful.’

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EIN Blog, 15th November 2023

Source: www.ein.org.uk

What is the ECHR and how does it relate to the Rwanda migrants policy? – The Independent

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

Asylum backlog of older cases down by nearly half since July – The Independent

Posted November 16th, 2023 in asylum, delay, government departments, immigration, news, statistics by sally

‘The backlog of older cases in the UK asylum system fell by nearly half between July and October, new figures show.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

How the UK government’s Rwanda asylum plan came unstuck – The Guardian

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

Supreme Court rules Rwanda asylum policy unlawful – BBC News

Posted November 15th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘The UK’s highest court has ruled the Rwanda asylum policy is unlawful.’

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BBC News, 15th November 2023

Source: www.bbc.co.uk

UK supreme court to rule on legality of plan to send asylum seekers to Rwanda – The Guardian

Posted November 10th, 2023 in appeals, asylum, deportation, government departments, immigration, news, refugees, Rwanda, Supreme Court by tracey

‘Rishi Sunak’s government will discover next Wednesday whether its flagship immigration policy of sending asylum seekers to Rwanda is lawful.’

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The Guardian, 9th November 2023

Source: www.theguardian.com

Channel deaths: Government orders inquiry into mass drowning – BBC News

Posted November 9th, 2023 in government departments, immigration, inquiries, news by sally

‘The government has ordered an independent inquiry into a migrant mass drowning in the English Channel.’

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BBC News, 9th November 2023

Source: www.bbc.co.uk

Domestic-abuse victims fear deportation if they go to police – BBC News

Posted November 9th, 2023 in codes of practice, deportation, domestic violence, government departments, immigration, news, police, victims by sally

‘Every police force in England and Wales has reported migrants who are domestic-abuse victims to Immigration Enforcement, new data suggests.’

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BBC News, 9th November 2023

Source: www.bbc.co.uk

Afghan former interpreter with British army resettles in UK after legal battle – The Guardian

Posted November 8th, 2023 in Afghanistan, armed forces, asylum, government departments, immigration, judicial review, news, visas by sally

‘An Afghan former interpreter with the British army has resettled in the UK with his family after a lengthy legal battle with the government, more than two years after being initially approved for relocation.’

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The Guardian, 8th November 2023

Source: www.theguardian.com

The Special Advocate – Not Waving but Drowning – UK Human Rights Blog

Posted November 1st, 2023 in advocacy, closed material, delay, immigration, news, reports by sally

’25 June 2023 was the tenth anniversary of section 6 of the Justice and Security Act 2013 (the JSA) coming into force. It was an anniversary that, as far as I know, passed unremarked. Nevertheless it was a remarkable anniversary – though not a cause for celebration. This is because it marked 5 years since the date that Parliament had required a review of the controversial procedures under the Act, involving secret closed hearings – and yet the Government’s response to the recommendations from that review was still awaited. Even now, no Government response has been forthcoming, nearly a year after the long-delayed report was published, despite the urgency attached to some of the recommendations.’

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UK Human Rights Blog, 30th October 2023

Source: ukhumanrightsblog.com

Overseas students and workers targeted in illicit UK visa trade – The Guardian

Posted October 30th, 2023 in education, employment, government departments, immigration, news, visas by tracey

‘UK visa appointments are being booked up by brokers and sold on for hundreds of pounds in an illicit trade targeting overseas workers and students.’

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The Guardian, 29th October 2023

Source: www.theguardian.com

Child asylum seekers in UK forced to share hotel rooms with adults – The Guardian

Posted October 30th, 2023 in asylum, children, government departments, housing, immigration, news, refugees by tracey

‘Child asylum seekers are being forced to share hotel rooms with adults, as the Home Office’s new hotel “maximisation” programme begins doubling the capacity of refugee hotels by putting two strangers in roomsspaces that were previously single occupancy, a charity has warned.’

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The Guardian, 30th October 2023

Source: www.theguardian.com