Miah and others v Secretary of State for the Home Department [2012] EWCA Civ 261; [2012] WLR (D) 68
“There was no ‘near-miss’ principle in relation to immigration policy such that there was no presumption that those falling just outside the policy should be treated as though they were within it or given special consideration for that reason.”
WLR Daily, 7th March 2012
Source: www.iclr.co.uk
Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260; [2012] WLR (D) 67
“The Secretary of State had discretionary power to serve a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 although failure to serve did not render an immigration decision unlawful.”
WLR Daily, 7th March 2012
Source: www.iclr.co.uk
“The ‘Communicating with the Home Office in Family Proceedings’ protocol enables the family courts to communicate with the Home Office (UK Borders Agency and Identity and Passport Service) to obtain immigration, visa and passport information for family court proceedings.”
Judiciary of England and Wales, 1st March 2012
Source: www.judiciary.gov.uk
“From today the Border Force and the UK Border Agency will begin operating separately.”
Home Office, 1st March 2012
Source: www.homeoffice.gov.uk
“Tougher rules for migrant workers on temporary work visas will mean only the brightest and best can apply to settle in the UK. Immigration Minister Damian Green today announced new settlement rules that will break the link between migrants coming here to work and staying forever. The amount of time they can stay will now be capped at six years to prevent temporary work routes being abused.”
Home Office, 29th February 2012
Source: www.homeoffice.gov.uk
“More than 40,000 skilled migrants a year are to lose their right to work beyond five years in Britain, in a move towards creating a temporary ‘guestworker’ migrant labour force in the UK. The home secretary, Theresa May, will tell MPs on Wednesday that she is breaking the link between migration and settlement for the first time, by taking away the right to remain in Britain for more than five years from any migrant worker earning less than £35,000 a year.”
The Guardian, 29th February 2012
Source: www.guardian.co.uk
“Immigration Minister Damian Green announced the expansion of the Biometric Residence Permits (BRPs) system to help tackle immigration abuse by proving a person’s right to work or access services in the UK.”
Home Office, 27th February 2012
Source: www.homeoffice.gov.uk
“This was the first occasion when the Court of Appeal has considered the problem of child trafficking for labour exploitation. It has not previously been subject to any close analysis following the coming into force in 2005 of the European Convention on Action against Trafficking in Human Beings.”
UK Human Rights Blog, 22nd February 2012
Source: www.ukhumanrightsblog.com
Regina v N(A); Regina v Le [2012] EWCA Crim 189; [2012] WLR (D) 38
“The implementation of the United Kingdom’s obligation to comply with article 26 of the Council of Europe Convention on Action Against Trafficking in Human Beings 2005 would normally be achieved by the proper exercise of the long established prosecutorial discretion which enabled the Crown Prosecution Service, however strong the evidence might be, to decide that it would be inappropriate to proceed with the prosecution of a defendant suspected of being involved in unlawful activities if he/she might have been the victim of trafficking for labour exploitation and might be unable to advance duress as a defence but who fell within the protective ambit of article 26.”
WLR Daily, 20th February 2012
Source: www.iclr.co.uk
MM (Zimbabwe) v Secretary of State for the Home Department: [2012] EWCA Civ 135; [2012] WLR (D) 36
” ‘Conspicuous unfairness’ was not a free standing ground in an immigration case on which a court could act in the absence of unlawful action on the part of the Home Secretary.”
WLR Daily, 24th January 2012
Source: www.iclr.co.uk
“With permission Mr Speaker I would like to make a statement on border security. In November last year, it became apparent that certain border security checks had been suspended without ministerial approval. As a result, the Head of the UK Border Force was suspended with immediate effect, full controls were reinstated, and I commissioned John Vine, the independent Chief Inspector of the UK Border Agency, to report on what had happened. Today, I have laid the report before the House and copies will be available from the Vote Office.”
Home Office, 20th February 2012
Source: www.homeoffice.gov.uk
“More than 500,000 people were allowed into Britain unchecked due to the repeated suspension of vital checks, opening up an ‘unacceptable’ breach in the country’s defences against terrorists and criminals, an official investigation has found.”
Daily Telegraph, 20th February 2012
Source: www.telegraph.co.uk
“In advising the emigrant, the emphasis should be on his actual and substantive acts and way of
life. Too often, the issues addressed, in considering the conditions or circumstances required for residence in the United Kingdom, or the loss of it, and non residence, are tied to patent technicalities (i.e. whether the emigrant maintains subscription to a club or counts the days of absence to a threshold number(i.e. 90 days p.a.). What, in fact, really matters is the substance and pattern of life. In this assessment, the approach of the Court, in cases past to the most recent is the best guide. In this lecture I look at that and tie it to the government’s proposals for reform and the imposition of a statutory test or tests for determining residence, by individuals, or their non-residence in the United Kingdom.”
Full story (PDF)
New Square Chambers, February 2012
Source: www.newsquarechambers.co.uk
“‘Human Rights Act to blame!’ is a frequent refrain in the media, as well reported on this blog. Often, though, the outcome that has attracted media ire is not one that has much to do with the Human Rights Act at all. The decision to release Abu Qatada on bail is one such example.”
UK Human Rights Blog, 8th February 2012
Source: www.ukhumanrightsblog.com
“A bride at a sham double wedding pointed to the wrong ‘groom’ when quizzed by Border Agency officials, Mold Crown Court has heard.”
BBC News, 31st January 2012
Source: www.bbc.co.uk
“Passport checks have been relaxed too often in recent years because of ‘highly troubling’ mistakes by executives at the UK Border Agency, MPs warned.”
The Independent, 19th January 2012
Source: www.independent.co.uk
“A senior judge has railed at the UK border system asking ‘do we let anyone in?’ after a dangerous Lithuanian sex offender was able to enter the country and then rape a woman.”
Daily Telegraph, 18th January 2012
Source: www.telegraph.co.uk
“Given previous poor reporting of human rights cases, alarm bells began to ring when the Sunday Telegraph recently reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in the UK, citing his playing cricket as a reason he had a private life under Article 8 of the European Convention on Human Rights.”
Legal Week, 10th January 2012
Source: www.legalweek.com
“The Court of Appeal has confirmed that the exclusion of an Indian Muslim public speaker from the United Kingdom after making statements which breached the Home Office’s ‘unacceptable behaviours policy’ was lawful, and that any interference with his rights was justified.”
UK Human Rights Blog, 29th December 2011
Source: www.ukhumanrightsblog.com
“A Union citizen who had been resident for more than five years in the territory of the host member state on the sole basis of the national law of that member state could not be regarded as having acquired the right of permanent residence pursuant to article 16(1) of Directive 2004/38 if, during that period of residence, he did not satisfy the conditions laid down in article 7(1) of the Directive concerning the need to be a worker or to be self-supporting. Periods of residence completed by a national of a non‑member state in the territory of a member state before the accession of the non‑member state to the European Union, in the absence of specific provisions in the Act of Accession, had to be taken into account for the purpose of the acquisition of the right of permanent residence pursuant to article 16(1) of the Directive, provided those periods were completed in compliance with the conditions laid down in article 7(1).”
WLR Daily, 21st December 2011
Source: www.iclr.co.uk
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