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.’

Full story

The Guardian, 11th July 2014

Source: www.guardian.co.uk

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

‘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.’

Full story

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.’

Full story

The Independent, 9th July 2014

Source: www.independent.co.uk

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

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

Full story

BBC News, 8th July 2014

Source: www.bbc.co.uk

Foreign students in high court bid to complete their UK courses – The Guardian

Posted July 8th, 2014 in education, immigration, news, universities, visas by tracey

‘Group who paid £8,500 each to study in London say they are victims of failed deal between Glyndwr University and a private college.’

Full story

The Guardian, 8th July 2014

Source: www.guardian.co.uk

Harassed family gets payout after Home Office failings – BBC News

‘A family who endured a “living nightmare” at the hands of a violent criminal is to receive a £130,000 payout over Home Office failings.’

Full story

BBC News, 8th July 2014

Source: www.bbc.co.uk

Temporary accommodation at a peppercorn rent – NearlyLegal

Posted July 3rd, 2014 in benefits, carers, housing, immigration, local government, news, social security by sally

‘This is a fascinating judicial review case. While the specific facts might only apply to a very few people, there is an interesting principle in it which may have wider application.’

Full story

NearlyLegal, 2nd July 2014

Source: www.nearlylegal.co.uk

Exceptional cases: High Court widens scope of LASPO and declares guidance unlawful – Legal Aid Handbook

‘The High Court recently gave judgement in Gudanaviciene & Ors v Director of Legal Aid Casework & Anor [2014] EWHC 1840 (Admin).’

Full story

Legal Aid Handbook, 1st July 2014

Source: www.legalaidhandbook.com

Legal aid child residence tests breach international rights, say MPs and peers – The Guardian

‘Depriving children of legal representation by introducing a residence test is in breach of their international rights, a parliamentary committee has warned.’

Full story

The Guardian, 30th June 2014

Source: www.guardian.co.uk

Surrogacy overseas – Home Office

Posted June 27th, 2014 in citizenship, immigration, news, surrogacy by tracey

‘Information for British nationals who are considering entering into surrogacy arrangements in foreign countries.’

Full text

Home Office, 26th June 2014

Source: www.gov.uk/home-office

Sham marriages ‘double in four years’, Home Office figures show – Daily Telegraph

Posted June 24th, 2014 in fraud, immigration, marriage, news, sentencing, statistics by sally

‘The number of suspected sham marriages being reported by registrars has doubled in four years, official Home Office figures show.’

Full story

Daily Telegraph, 23rd June 2014

Source: www.telegraph.co.uk

The Rights of European Citizens and their Spouses to Come to the UK: Inspecting the Application Process and the Tackling of Abuse – Home Office

Posted June 20th, 2014 in EC law, fraud, immigration, marriage, press releases by tracey

‘An inspection of the efficiency and effectiveness of the Home Office’s handling of this European casework by John Vine CBE QPM, Independent Chief Inspector of Borders and Immigration.’

Full text

Home Office, 19th June 2014

Source: www.gov.uk/home-office

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another – WLR Daily

Posted June 20th, 2014 in EC law, human rights, immigration, judicial review, law reports, legal aid by tracey

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another: [2014] EWHC 1840 (Admin); [2014] WLR (D) 266

‘The Lord Chancellor’s Exceptional Funding Guidance (Non-Inquests) issued under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, applied by the Legal Aid Agency in withholding legal aid in immigration cases, was unlawful in that it set too high a threshold.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Immigration inspector warns of rise in proxy marriage misuse – The Guardian

Posted June 20th, 2014 in fraud, immigration, marriage, news by tracey

‘The chief inspector of borders has warned of increasing abuse of overseas “proxy marriages”, at which neither party is present at the ceremony, as a way to subvert British immigration rules.’

Full story

The Guardian, 19th June 2014

Source: www.guardian.co.uk

Regina v Bina – WLR Daily

Regina v Bina [2014] WLR (D) 251

‘There was no limitation by which the offence of assisting unlawful immigration, contrary to section 25(1) of the Immigration Act 1971, was inapplicable in relation to asylum seekers. Further, section 25(3) of that Act was permissive only, so that a matter of foreign law might be proved by methods such as expert evidence or admission as well as by a government-issued certificate as set out in section 25(3).’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

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

Posted June 13th, 2014 in civil procedure rules, immigration, judicial review, law reports by sally

Regina (Grace) v Secretary of State for the Home Department [2014] WLR (D) 249

‘The proper test to be applied by the Administrative Court under CPR r 54.12(7) when considering certifying an application for permission to proceed with judicial review as “totally without merit” was whether the claim was bound to fail. There was no requirement that the claim be shown to be abusive or vexatious.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk

Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening) – WLR Daily

Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening):[2014] EWCA Civ 718; [2014] WLR (D) 240

‘The statutory authority deriving from paragraph 2(1) and (3) of Schedule 3 to the Immigration Act 1971 for detention pending removal of a person against whom a deportation order had been made in pursuance of a recommendation by a court was not unlimited and did not continue when there was no longer any prospect of deportation within a reasonable time.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Hines v Lambeth London Borough Council – WLR Daily

Posted June 4th, 2014 in appeals, benefits, carers, children, EC law, families, housing, immigration, law reports by tracey

Hines v Lambeth London Borough Council: [2014] EWCA Civ 660; [2014] WLR (D) 238

‘A person whose right to remain in the United Kingdom had expired and who sought housing assistance under the Housing Act 1996 on the basis of a derivative right of residence as a primary carer of her son, a British citizen, would be entitled to accommodation only if her son would be effectively compelled to leave the United Kingdom if she left.’

WLR Daily, 20th May 2014

Source: www.iclr.co.uk

Judge prevents Theresa May sending asylum-seeker back to lawless Somalia – The Independent

Posted June 3rd, 2014 in appeals, asylum, deportation, immigration, injunctions, news, tribunals by sally

‘The Home Secretary, Theresa May, has been accused of acting unlawfully by forcing the removal of failed Somali asylum-seekers to Mogadishu where they fear they will be murdered by Islamic militants. In what is being seen as a test case affecting thousands of Somalis in Britain, a judge has granted an injunction at the last minute halting the removal of a 23-year-old man, identified only as Abdullah, who was due to be flown back to Mogadishu on Tuesday.’

Full story

The Independent, 3rd June 2014

Source: www.independent.co.uk

Mother who force fed baby to death wins ‘family life’ appeal to stay in Britain – Daily Telegraph

Posted June 3rd, 2014 in appeals, deportation, human rights, immigration, news, tribunals by sally

‘Foreign criminal jailed for causing death of 10-month-old daughter overturns Home Office deportation bid by arguing it would breach her human rights.’

Full story

Daily Telegraph, 2nd June 2014

Source: www.telegraph.co.uk