immigration – Page 76 – Current Awareness

What’s in store for family migrants after the Court of Appeal decision in MM? – Halsbury’s Law Exchange

Posted August 20th, 2014 in appeals, families, human rights, immigration, news, public interest, remuneration by tracey

‘Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.’

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Halsbury’s Law Exchange, 19th August 2014

Source: www.halsburyslawexchange.co.uk

Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog

Posted August 18th, 2014 in armed forces, constitutional law, crimes against humanity, EC law, fees, human rights, immigration, inquiries, internet, interpretation, Israel, joint enterprise, judges, malicious communications, news, pensions by tracey

‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’

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UK Human Rights Blog, 18th August 2014

Source: www.ukhumanrightsblog.com

Victims of trafficking empowered to seek compensation – Halsbury’s Law Exchange

Posted August 13th, 2014 in contract of employment, forced labour, illegality, immigration, news, race discrimination, trafficking in human beings by sally

‘The employee had been allegedly trafficked from Nigeria to the UK by the employer to work illegally as an au pair (Hounga v Allen and another). The Court of Appeal, Civil Division, set aside an award of compensation granted in the employee’s favour for unlawful discrimination in relation to her dismissal by the employer, having held that the illegality of the contract of employment had formed a material part of the employee’s complaint and that to uphold it would be to condone the illegality. The employee appealed. The Supreme Court, allowing the appeal, held that it would be a breach of the UK’s international obligations under the Council of Europe Convention on Action against Trafficking in Human Beings for its law to cause the employee’s complaint to be defeated by the defence of illegality. The case was remitted to the tribunal in respect of a complaint in relation to pre-dismissal harassment.’

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Halsbury’s Law Exchange, 13th August 2014

Source: www.halsburyslawexhange.co.uk

Hounga (Appellant) v Allen and another (Respondents) – Supreme Court

Posted August 1st, 2014 in contract of employment, forced labour, illegality, immigration, law reports, race discrimination, trafficking in human beings by sally

Hounga (Appellant) v Allen and another (Respondents) [2014] UKSC 47 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Hounga v Allen and another (Anti-Slavery International intervening) – WLR Daily

Posted August 1st, 2014 in contract of employment, forced labour, illegality, immigration, law reports, news, race discrimination, trafficking in human beings by sally

Hounga v Allen and another (Anti-Slavery International intervening) [2014] UKSC 47; [2014] WLR (D) 353

‘A claim for the statutory tort of discrimination in relation to dismissal by an employee who had entered the United Kingdom illegally was not barred by the defence of illegality in circumstances where the application of the defence would be an affront to the public policy of protecting the victims of human trafficking.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Illegal immigrant Mary Hounga can claim discrimination, says landmark Supreme Court ruling – Daily Telegraph

Posted July 31st, 2014 in children, immigration, news, race discrimination, Supreme Court, trafficking in human beings by michael

‘Illegal immigrants are entitled to bring court actions against their employers for discrimination, the Supreme Court has said in a landmark judgment.’

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Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Supreme Court set to rule on rights of trafficked Nigerian girl – The Independent

Posted July 28th, 2014 in appeals, compensation, employment, equality, human rights, immigration, news, Supreme Court, trafficking in human beings, tribunals by sally

‘The UK’s highest court will rule on a landmark decision of whether illegal immigrants should be deprived of fundamental workers’ rights, following the appeal of a Nigerian national who was trafficked into the UK. Judges from the Supreme Court, including Britain’s most senior female judge Lady Hale, will deliver the verdict on Wednesday in a case which could set an important precedent for the rights of workers found to be treated as modern-day slaves.’

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The Independent, 27th July 2014

Source: www.independent.co.uk

EU report finds no evidence to support sweeping immigration reforms – The Guardian

Posted July 23rd, 2014 in EC law, immigration, news, reports by michael

‘A government review looking into freedom of movement across the EU has not recommended any sweeping reforms to immigration rules in a report likely to disappoint Conservative Eurosceptics.’

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The Guardian, 22nd July 2014

Source: www.guardian.co.uk

Minimum income rules for immigrants do not breach human rights – Appeal Court – UK Human Rights Blog

Posted July 21st, 2014 in human rights, immigration, married persons, news, proportionality, remuneration by sally

‘Provisions in the Immigration Rules which impose income requirements on individuals living in the United Kingdom, who wish to bring their non-European Economic Area citizen spouses to live with them, are not a disproportionate interference with their right to family life under Article 8 of the European Convention on Human Rights. The Court of Appeal has also underlined the important (but often misunderstood) point that there is no legal requirement that the Immigration Rules should provide that the best interests of the child should be determinative. Section 55 of the Borders, Citizenship and Immigration Act 2009 is not a “trump card” to be played whenever the interests of a child arise. ‘

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UK Human Rights Blog, 21st July 2014

Source: www.ukhumanrightsblog.com

Care in custody failings – Law Society’s Gazette

Posted July 21st, 2014 in detention, immigration, inquests, medical treatment, news by sally

‘Last week, a jury at the inquest into the death of American tourist Brian Dalrymple, who died after being detained at the Harmondsworth Immigration Removal Centre (pictured), delivered a verdict of ‘natural causes contributed to by neglect’. The jury’s verdict amounted to a finding that there were gross failures in the medical care Brian received which caused or contributed to his death.’

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Law Society’s Gazette, 21st July 2014

Source: www.lawgazette.co.uk

YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another – WLR Daily

Posted July 18th, 2014 in data protection, EC law, government departments, immigration, law reports by tracey

YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another; (Joined Cases C-141/12 and C-372/12) ECLI:EU:C:2014:2081; [2014] WLR (D) 324

‘Article 2(a) of Parliament and Council Directive 95/46/EC meant that data relating to an applicant for a residence permit contained in an administrative document amounted to “personal data”. Article 12(a) of Directive 95/46 and article 8(2) of the Charter of Fundamental Rights of the European Union meant that an applicant for a residence permit had a right of access to all personal data concerning him which were processed by the national administrative authorities within the meaning of article 2(b). For that right to be complied with, it was sufficient that the applicant was in possession of a full summary of those data in an intelligible form, which allowed the applicant to become aware of those data and to check that they were accurate and processed in compliance with that Directive, so that he could, where relevant, exercise the rights conferred on him by that Directive. Article 41(2)(b) of the Charter meant that the applicant for a residence permit could not rely on that provision against the national authorities.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

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

Posted July 18th, 2014 in education, immigration, judicial review, law reports, visas by tracey

Regina (Afzaal) v Secretary of State for the Home Department; [2014] EWHC 2215 (Admin); [2014] WLR (D) 313

‘Immigration rules, made pursuant to section 3(2) of the Immigration Act 1971, specified the conditions to be attached in the case of a student clearance visa and no further administrative action to impose a condition was required. The description of the relevant entry clearance as a tier 4 general student clearance followed by the reference number of the sponsor body, and its repetition in conjunction with the other obligatory conditions, was sufficient endorsement of the condition for the purposes of the Immigration (Leave to Enter and Remain) Order 2000.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) – WLR Daily

Posted July 16th, 2014 in Administrative Court, appeals, asylum, charities, detention, Equality and Human Rights Commission, human rights, immigration, judicial review, law reports by tracey

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening); [2014] EWHC 2245 (Admin); [2014] WLR (D) 310

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same – WLR Daily

Posted July 15th, 2014 in appeals, families, human rights, immigration, law reports, proportionality by tracey

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same; [2014] EWCA Civ 985; [2014] WLR (D) 308

‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily 11th July 2014

Source: www.iclr.co.uk

Changes to the immigration rules will clamp down on visa abuse – Home Office

Posted July 14th, 2014 in immigration, news, visas by sally

‘The Home Office places new restrictions on the entrepreneur visa route in response to scams from individuals and organised criminal groups.’

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Home Office, 10th July 2014

Source: www.gov.uk/home-office

Appeal court: if you earn £18,600 a year your foreign spouse can live in UK – The Guardian

Posted July 14th, 2014 in appeals, families, immigration, married persons, news, remuneration by sally

‘The Court of Appeal has dismissed a legal challenge to Home Office rules for UK citizens who want their overseas spouses to live with them in Britain, affecting more than 3,600 families.’

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The Guardian, 11th July 2014

Source: www.guardian.co.uk

Passport official suspended over ‘interrogation’ of gay applicant – The Guardian

Posted July 14th, 2014 in adoption, children, complaints, disciplinary procedures, homosexuality, immigration, news, sexual orientation discrimination by sally

‘The Home Office has suspended a passport official and ordered a disciplinary investigation after the employee subjected a gay father-of-two to a lengthy interrogation about his sexual history and the details of his adoptions in front of the man’s four-year-old son.’

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The Guardian, 13th July 2014

Source: www.guardian.co.uk

Immigration: Serious failings within Government system carry ‘high risk of unfairness’ for asylum seekers, says High Court judge – The Independent

Posted July 9th, 2014 in asylum, government departments, immigration, news by sally

‘A High Court judge has ruled that a system for fast-tracking asylum claims has “serious failings” and is being operated unlawfully by the Government.’

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The Independent, 9th July 2014

Source: www.independent.co.uk

Alison Hewitt family awarded £130,000 for stalker failings – BBC News

Posted July 9th, 2014 in compensation, criminal records, government departments, harassment, immigration, maladministration, news, ombudsmen by sally

‘A family who endured a “living nightmare” at the hands of a stalker are to receive £130,000 because of Home Office failings.

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BBC News, 8th July 2014

Source: www.bbc.co.uk