“Since the undisputed evidence was that homosexuals were routinely persecuted in Jamaica, the Secretary of State had acted unlawfully in designating Jamaica, under section 94(5)(a) of the Nationality, Immigration and Asylum Act 2002, as a state where there was ‘in general no serious risk of persecution of persons entitled to reside in that state.’ ”
WLR Daily, 12th June 2013
Source: www.iclr.co.uk
“Table 10 of Appendix A of paragraph 245FD of the Immigration Rules required that an applicant for leave to remain under the Tier 1 (Post-Study Work) provisions of the points-based system therein should have obtained the appropriate qualification before making the application in order to obtain the necessary points.”
WLR Daily, 25th June 2013
Source: www.iclr.co.uk
“Two prominent US bloggers have been banned from entering the UK, the Home Office has said.”
BBC News, 26th June 2013
Source: www.bbc.co.uk
“Border officials failed to pursue more than 3,000 leads identified on police databases when attempting to track down missing asylum seekers, an inspector has found.”
The Independent, 26th June 2013
Source: www.independent.co.uk
“The European Court of Justice has, in recent days, handed down a judgment that hits several hot buttons: UK immigration law, EU human rights, secret evidence, and suspicions of terrorism. In ZZ the Court has had to rule on the use of secret evidence before the Special Immigration Appeals Commission (SIAC).”
UK Human Rights Blog, 14th June 2013
Source: www.ukhumanrightsblog.com
“Today, Monday 10 June 2013, a number of minor changes to the Immigration Rules have been published which will come into force on 1 July 2013.”
UK Border Agency, 10th June 2013
Source: www.ukba.homeoffice.gov.uk
“A cross-party group of MPs has called for an urgent review of new immigration rules, which they claim are tearing hundreds of British families apart. Their inquiry report shows that a new minimum earnings rule of £18,600 a year, which came into effect last July, has meant that thousands of British citizens, including people with full-time jobs, have been unable to bring a non-European husband, wife or partner to live with them in Britain.”
The Guardian, 10th June 2013
Source: www.guardian.co.uk
ZZ (France) v Secretary of State for the Home Department (Case C-300/11); [2013] WLR (D) 218
“Where a national authority had failed to inform an EU citizen precisely and in full of the public security grounds, and the related evidence, upon which it had made a decision under article 27 of Parliament and Council Directive 2004/38/EC refusing the citizen entry, the national court was required, pursuant to articles 30(2) and 31 of the Directive and article 47 of the Charter of Fundamental Rights, to ensure that that failure was limited to that which was strictly necessary. The court had to ensure, in any event, that the citizen was informed of the essence of the grounds in a manner which took due account of the necessary confidentiality of the evidence.”
WLR Daily, 4th June 2013
Source: www.iclr.co.uk
“On the proper interpretation of the second paragraph of article 6 of Council Regulation (EC) No 343/2003, where an unaccompanied minor, who had no family member within the European Union, had made applications for asylum in more than one member state, the member state responsible for examining that application was that in which the minor was present at the time, after having lodged an asylum application there.”
WLR Daily, 6th June 2013
Source: www.iclr.co.uk
“A suspected Jamaican sex-offender charged five times but never convicted for allegedly raping vulnerable women has been banned from Britain for a decade in a controversial new police tactic to target foreign criminals.”
The Independent, 7th June 2013
Source: www.independent.co.uk
“Lawyers say police could ‘circumvent criminal justice’ by using intelligence in civil immigration courts to increase deportations.”
The Guardian, 6th June 2013
Source: www.guardian.co.uk
Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet (Case C-528/11); [2013] WLR (D) 214
“Article 3(2) of Council Regulation (EC) No 343/2003 of 18 February 2003, establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national, permitted a member state, which was not indicated as responsible by the criteria in Chapter III of the Regulation, to examine an application for asylum even though no circumstances existed which established the applicability of the humanitarian clause in article 15 of the Regulation. That possibility was not conditional on the member state responsible under those criteria having failed to respond to a request to take back the asylum seeker concerned. The member state in which the asylum seeker was present was not obliged, during the process of determining the member state responsible, to request the Office of the United Nations High Commissioner for Refugees to present its views where it was apparent from the documents of that office that the member state indicated as responsible by the criteria in Chapter III of Regulation No 343/2003 was in breach of the rules of European Union law on asylum.”
WLR Daily, 30th May 2013
Source: www.iclr.co.uk
“Abandoned migrant and trafficked children will be left destitute and at risk of exploitation if the government goes ahead with a plan to introduce residency tests to determine whether they qualify for legal aid, child protection experts are warning.”
The Guardian, 2nd June 2013
Source: www.guardian.co.uk
“The EU is taking Britain to court over migrants’ entitlement to benefits.”
The Independent, 30th May 2013
Source: www.independent.co.uk
SS (Nigeria) v Secretary of State for the Home Department: [2013] EWCA Civ 550; [2013] WLR (D) 192
“A claim under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms made in reliance on the interests of a child with British citizenship by a foreign criminal seeking to resist deportation under section 32 of the UK Borders Act 2007 needed to be very strong to prevail given the pressing public interest in removal and the great weight to be attached to the policy of deporting foreign criminals by virtue of its origin in primary legislation. Only in extremely rare circumstances should a tribunal exercise an inquisitorial function on its own initiative in evaluating the interests of such a child.”
WLR Daily, 22nd May 2013
Source: www.iclr.co.uk
“In deciding when an immigrant into the United Kingdom should not be detained because they had been tortured the definition of torture in the Secretary of State’s detention policy in force before January 2013 was any act by which severe pain or suffering, whether physical or mental, was intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person had committed, or intimidating or coercing him or a third person, or for any reason based upon discrimination of any kind.”
WLR Daily, 17th May 2013
Source: www.iclr.co.uk
“The Home Office has been ordered by the high court to pay compensation to four torture survivors who were unlawfully held in British immigration detention centres.”
The Guardian, 21st May 2013
Source: www.guardian.co.uk
“SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of ‘care and attention’ in the context of s.21, National Assitance Act 1948.”
NearlyLegal, 20th May 2013
Source: www.nearlylegal.co.uk
“The government has today launched calls for evidence on the balance of powers between the UK and the European Union on asylum and immigration, and on the Free Movement of Persons.”
Home Office, 16th May 2013
Source: www.gov.uk/home-office
“Immigration has proved a toxic issue for recent Home Office ministers. In 2004 home secretary David Blunkett resigned following revelations that a visa application had been fast-tracked. Immigration minister Beverley Hughes resigned after admitting she ‘unwittingly’ misled people about a suspected visa ‘scam’. Charles Clarke resigned as home secretary in 2006 after intense pressure over the release of foreign prisoners who could have been deported at the end of their custodial term.”
Law Society’s Gazette, 20th May 2013
Source: www.lawgazette.co.uk
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