Slovakian jailed for raping teenager ‘while high on glue-like substance’ – Daily Telegraph

‘Court hears Zdenko Turtak, a 22-year-old Slovakian Roma, clubbed his victim 18 times with a rock and left her for dead in the Beeston area of Leeds.’

Full story

Daily Telegraph, 20th October 2015

Source: www.telegraph.co.uk

Criticism of JR process ‘unfounded’, legal charity claims – Law Society’s Gazette

‘Perceptions that judicial review is an ineffective drain on the public purse and frequently abused by claimants are ‘at best misleading and at worst false’, according to a legal charity’s study of 502 cases.’

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Law Society’s Gazette, 19th October 2015

Source: www.lawgazette.co.uk

Supreme Court upholds evidential flexibility policy – Free Movement

Posted October 19th, 2015 in evidence, immigration, interpretation, news, regulations by sally

‘The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular followers of the blog will be familiar with this policy, which was first published here on Free Movement courtesy of Jane Heybroek. This was in 2012, despite the policy being in operation since 2009. It was later also published to the Home Office website.’

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Free Movement, 19th October 2015

Source: www.freemovement.org.uk

Part 6 of the Immigration Bill – Free Movement

‘The second reading of the Immigration Bill in the House of Commons is today. We have seen how even more appeals will be out of country under its regime, and the greater powers given to immigration officers under Part 3. Part 6 – including Schedules 7 and 8 – offers a mix of provisions, including ensuring the UK complies with international law on blacklisted persons and introduces civil penalties for aircraft and airport managers if they do not ensure people go through control zones. The final section gives a raft of new powers to immigration officers (where have we seen that before?), this time to intercept and detain boats suspected of carrying undocumented migrants, and to arrest anyone suspected of facilitating illegal migration in to the UK.’

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Free Movement, 13th October 2015

Source: www.freemovement.org.uk

UK appeal court backs ‘deport first, appeal later’ policy for foreign prisoners – The Guardian

‘The Home Office won a key legal challenge on Tuesday over the “deport first, appeal later” policy, which removes the right of foreign prisoners to appeal against deportation from within the UK.’

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The Guardian, 13th October 2015

Source: www.guardian.co.uk

New fast-track eviction powers could breach human rights, warns watchdog – The Guardian

‘Government proposals to legally require landlords to check the immigration status of their tenants risk a serious breach of human rights, an official watchdog has warned.’

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The Guardian, 12th October 2015

Source: www.guardian.co.uk

Conservatives’ asylum policy on Syria criticised as ‘too low, too slow, too narrow’ – The Guardian

Posted October 12th, 2015 in asylum, human rights, immigration, legal profession, news, political parties, refugees by tracey

‘The government’s offer to take in 20,000 Syrian refugees over five years is far “too low, too slow and too narrow”, according to a statement published by 300 senior lawyers, former law lords and retired judges.’

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The Guardian, 12th October 2015

Source: www.guardian.co.uk

Regina (SF) v Secretary of State for the Home Department – WLR Daily

Posted October 8th, 2015 in human rights, immigration, law reports, trafficking in human beings by sally

Regina (SF) v Secretary of State for the Home Department [2015] EWHC 2705 (Admin); [2015] WLR (D) 395

‘When the court was considering a challenge to a gateway decision as to whether a person, especially a child, was a victim of human trafficking, it had to adopt a more rigorous or searching level of scrutiny of that decision as opposed to the ordinary test of Wednesbury reasonableness. The decision had to show by its reasoning that every factor which told in favour of the alleged victim had been properly taken into account.’

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WLR Daily, 30th September 2015

Source: www.iclr.co.uk

UK’s discriminatory migrant residence tests are legal – preliminary EU ruling – The Guardian

Posted October 7th, 2015 in benefits, domicile, EC law, immigration, news by sally

‘The practice of discriminating against EU migrants in the UK by subjecting them to a residence test for benefit payments is legal, according to a preliminary European court ruling.’

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The Guardian, 6th October 2015

Source: www.guardian.co.uk

Theresa May warned adoption law could affect border controls – Daily Telegraph

Posted October 6th, 2015 in adoption, appeals, immigration, news by sally

‘Court of Appeal says immigration cases could have to bow to adoption laws which must take life-long benefits into account.’

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Daily Telegraph, 5th October 2015

Source: www.telegraph.co.uk

Woman who fled sexual abuse deported to Jamaica ‘because Home Office fax machine broken’ – The Independent

‘A woman who fled sexual abuse in Jamaica was deported back to the country because the Home Office’s fax machine was broken, lawyers have claimed.’

Full story

The Independent, 4th October 2015

Source: www.independent.co.uk

UN torture investigator says UK plan to scrap Human Rights Act is ‘dangerous’ – The Guardian

‘The UN special rapporteur on torture has accused David Cameron of a “cold-hearted ” approach to the migration crisis, warning that plans to scrap the Human Rights Act risk subverting international obligations designed to protect people fleeing persecution.’

Full story

The Guardian, 3rd October 2015

Source: www.guardian.co.uk

Part 3 of the 2015 Immigration Bill – enforcement – Free Movement

Posted October 1st, 2015 in bills, crime, documents, enforcement, evidence, immigration, news, stop and search by sally

‘Part 3 of the Immigration Bill gives a host of new, wide powers to immigration officers.

A person with leave to enter arrives in at the airport. Schedule 19(1) and (2) – the first section of Part 3 – gives immigration officers the power to curtail leave, rather to simply determine whether leave has been given and act accordingly. So someone arriving in the UK even with the appropriate leave will now have a lingering uncertainty as to whether they will be allowed in. This is likely to affect few migrants, but is indicative of the greater powers given to immigration officers throughout the Bill.’

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Free Movement, 1st October 2015

Source: www.freemovement.org.uk

Deport first, appeal later–the effects explained – Halsbury’s Law Exchange

‘Deport first, appeal later is part of the current strategy to cut net migration. As set out in the Immigration Bill 2015-16, the rule has been extended to all immigration appeals and judicial reviews, including where a so-called family life is involved, apart from asylum claims.’

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Halsbury’s Law Exchange, 30th September 2015

Source: www.halsburyslawexchange.co.uk

Court of Appeal dismisses ETS challenges – Free Movement

Posted September 29th, 2015 in appeals, human rights, immigration, news by sally

‘Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good looks cannot last forever. Decline is inevitable. It can be embraced with dignity but this eludes some performers, who simply go on playing the same tired old tunes for too long, sadly. Rare is the David Bowie, able to reinvent and adapt to move with the times. One Direction chose the former course and recently went their separate ways, abandoning their vocation to spend and enjoy the fruits of their labours. It is a lesson worth heeding.’

Full story

Free Movement, 29th September 2015

Source: www.freemovement.org.uk

Report: “Serious irreversible harm” test case heard in Court of Appeal

Posted September 28th, 2015 in appeals, asylum, bills, consultations, deportation, human rights, immigration, news, public interest by sally

‘This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came into force on 28th July 2014, provides the Home Office the power to certify human rights claims made by people liable to deportation, so they are not entitled to an appeal within the UK. Instead they are expected to bring their appeal from the country in which the Home Office propose deportation. This logic has been catchily titled “deport first, appeal later” and the Conservatives pledged in their manifesto to roll it out for all immigration appeals. Indeed, the Immigration Bill 2015, published last week on 17th September, does just that.’

Full story

Free Movement, 25th September 2015

Source: www.freemovement.org.uk

Mark Blake spared jail after leaking stories to newspaper – BBC News

‘An ex-official who leaked stories about an immigration centre has been spared jail to care for his two children.’

Full story

BBC News, 21st September 2015

Source: www.bbc.co.uk

No human rights in EEA appeals says Upper Tribunal – Free Movement

Posted September 22nd, 2015 in appeals, EC law, human rights, immigration, news, tribunals by sally

‘The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal.’

Full story

Free Movement, 21st September 2015

Source: www.freemovement.org.uk

Doesn’t it make you proud to be English? – Nearly Legal

Posted September 21st, 2015 in bills, housing, immigration, landlord & tenant, news by sally

‘The Immigration Bill 2015 has been published and will have a Second Reading in the House of Commons on October 13, 2015. It contains some truly remarkable provisions about housing. But first, short re-cap to remind you how we got to this stage.’
Full story

Nearly Legal, 19th September 2015

Source: www.nearlylegal.co.uk

Illegal migrants in UK face jail if caught driving – The Guardian

Posted September 18th, 2015 in bills, forfeiture, immigration, news, road traffic offences by tracey

‘People who drive a car while they are in Britain illegally face being jailed and having their vehicle seized under powers included in the government’s latest immigration bill. Most of the measures in the legislation, published on Thursday, are designed to create “a hostile environment” for migrants who are in Britain unlawfully and have already been strongly trailed by ministers since the general election. The Commons second reading of the bill is scheduled for 13 October, shortly after the Conservative party conference.’

Full story

The Guardian, 17th September 2015

Source: www.guardian.co.uk