‘The Ministry of Justice has in the last few weeks quietly backed down on the promise of a full review on the effects of legal aid cuts on children and young people.’
LegalVoice, 10th March 2015
Source: www.legalvoice.org.uk
‘In a very welcome determination that comes a mere two years after the abolition of full rights of appeal for visitors but in the middle of the scything of full rights of appeal for everyone else, President McCloskey has turned his attention to the question of the relevance of compliance with the Immigration Rules to a human rights appeal. The answer is that where a person meets the terms of the Immigration Rules, their appeal will normally fall to be allowed on human rights grounds, assuming that human rights are engaged in some way in the first place.’
Free Movement, 10th March 2015
Source: www.freemovement.org.uk
‘The number of judicial review applications lodged at the High Court fell from 15,600 to just 4,062 last year – caused mainly, but not entirely by the transfer of immigration and asylum cases to the Upper Tribunal.’
Litigation Futures, 10th March 2015
Source: www.litigationfutures.com
‘The circumstances in which an asylum claim may be treated as abandoned by an applicant have been extended with effect from 27 February 2015.’
Free Movement, 5th March 2015
Source: www.freemovement.org.uk
‘The Hon Mr Justice Hickinbottom gave a speech at The First Administrative Court in Wales Lecture on “Administrative Court in Wales – Evolution or Revolution” on 20 February 2014.’
Judiciary of England and Wales, 6th March 2015
Source: www.judiciary.gov.uk
‘Migrants and asylum seekers can be locked up at the high-security detention centre indefinitely. Reports of abuse, self-harm and suicide are rife. Now MPs are calling for an end to the ‘expensive, ineffective and unjust’ system. In a rare report, inmates describe their misery.’
The Guardian, 3rd March 2015
Source: www.guardian.co.uk
‘A new set of rules for visitors to the United Kingdom has been introduced to take effect on all applications made on or after 24 April 2015. The changes are brought about by Statement of Changes to the Immigration Rules HC 1025. The changes were billed in advance as a simplification of the old rules. Closer inspection reveals a reduction in the number of categories of visitor but a great deal of added complexity to the way the rules are drafted and a new set of sub-appendices to the appendices. The Home Office is unique in the universe for its immunity to the Second Law of Thermodynamics, it seems.’
Free Movement, 3rd March 2015
Source: www.freemovement.org.uk
‘An officer at a Serco-run immigration centre justified leaking stories to The Sun by claiming the firm turned a blind eye to corruption, a court has heard.’
BBC News, 25th February 2015
Source: www.bbc.co.uk
‘In a recent determination, the President of the Upper Tribunal suggested that documents and submissions could be sent electronically to the tribunal in order to facilitate efficient justice:
“…parties and their representatives are strongly encouraged to communicate electronically with the Tribunal and, further, to seek confirmation that important communications and/or attachments have been received.”‘
Free Movement, 26th February 2015
Source: www.freemovement.org.uk
‘In January 2014, the Government introduced a number of measures aimed at restricting EEA migrants’ access to income-based JSA. A key change was the introduction of a statutory presumption that entitlement to income-based JSA (‘JSA(IB)’) would be limited to a period of three months (or six months for EEA nationals with retained worker status) unless the jobseeker could pass a Genuine Prospect of Work (GPoW) assessment.’
Free Movement, 24th February 2015
Source: www.freemovement.org.uk
‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’
WLR Daily, 12th February
Source: www.iclr.co.uk
‘The Home Office has won its appeal against an order to pay £224m to a US defence firm over the cancellation of a secure borders contract.’
Full story
BBC News, 17th February 2015
Source: www.bbc.co.uk
‘A bridegroom who couldn’t remember the name of the woman he planned to marry has been jailed for attempting to undergo a bogus wedding to cheat immigration laws.’
The Independent, 13th February 2015
Source: www.independent.co.uk
‘This short case involves the old dilemma of public order law: whether it is right to shut down speech when the speaker himself does not intend to incite violence, but whose presence it is said may lead third parties to commit violence. Indeed the facts of this particular case go further than that , because the applicants had no plans to make any public address during their proposed visit to Britain. It was their presence alone which was feared would inflame “community tensions”.’
UK Human Rights Blog, 15th February 2015
Source: www.ukhumanrightsblog.com
‘Landlords are preparing to turn away tenants just because they have a foreign accent, as a consequence of new rules making it an offence to let rooms to illegal migrants.’
Full story
The Independent, 15th February 2015
Source: www.independent.co.uk
‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’
Free Movement, 16th February 2015
Source: www.freemovement.org.uk
‘The Presidents of the Immigration and Asylum Chambers sat together in the First-tier Tribunal case of Cancino (costs – First-tier Tribunal – new powers) [2015] UKFTT 00059 (IAC) in order to give guidance on when legal costs might become payable in immigration cases. The power to make awards of legal costs to a party in immigration appeals was only introduced in October 2014 and there has been no real guidance until now.’
Free Movement, 13th February 2015
Source: www.freemovement.org.uk
‘Code of practice for officers exercising functions under Schedule 1 of the Counter-Terrorism and Security Act 2015 in connection with seizing and retaining travel documents.’
Home Office, 13th February 2015
Source: www.gov.uk/home-office
Regina v Ali (Nazakat) [2015] EWCA Crim 43; [2015] WLR (D) 46
‘A solicitor who had been instrumental in finding brides for non-European Union clients and advising the clients to make false applications for certificates of approval, which he submitted to the to the UK Border Agency, had facilitated a breach of immigration law by his clients.’
WLR Daily, 3rd February 2015
Source: www.iclr.co.uk
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