Category: immigration
Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice
“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today by Justice Secretary Chris Grayling.”
Ministry of Justice, 23rd April 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Judicial review controls unveiled – BBC News
“Ministers are to unveil controls aimed at tackling judicial reviews in English courts that hold up building projects and delay immigration decisions.”
BBC News, 23rd April 2013
Source: www.bbc.co.uk
Court of Appeal dismisses human rights challenge to Immigration Rules – Home Office
“The Home Office was successful in defending Immgiration Rules changes introduced to test migrant’s English language capabilities”
Home Office, 17th April 2013
Source: www.gov.uk/home-office
Regina (Bibi) v Secretary of State for the Home Department; Regina (Ali) v Same(Liberty and Joint Council for the Welfare of Immigrants intervening) – WLR Daily
“The requirement that a foreign spouse or partner of a British citizen or person settled in the United Kingdom produce a test certificate of knowledge of the English language to a prescribed standard prior to entering the United Kingdom was proportionate.”
WLR Daily, 12th April 2013
Source: www.iclr.co.uk
Court of Appeal dismisses human rights challenge to Immigration Rule – Home Office
“The Home Office was successful in defending Immgiration Rules changes introduced to test migrants English language capabilities.”
Home Office, 16th April 2013
Source: www.gov.uk/home-office
Regina v Asmeron – WLR
Regina v Asmeron [2013] EWCA Crim 435; [2013] WLR (D) 135
“Where a defendant was charged with an offence of entering the United Kingdom without a passport, contrary to section 2 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, the court could only rule that the defendant’s explanation for so doing was incapable in law of amounting to a good reason or a reasonable excuse if it could properly be said, on the true construction of the Act, that it would be inconsistent with the essential nature and purpose of the offence for the defendant’s explanation to be capable of amounting to a defence. The fact that a defence might be considered hopeless on the merits was not a good reason for a judge to withdraw it from the jury.”
WLR Daily, 11th April 2013
Source: www.iclr.co.uk
Regina (Ismail) v Secretary of State for the Home Department – WLR Daily
“It was available to the Secretary of State for the Home Department to decline to serve on an individual a criminal judgment pursuant to a request from a foreign jurisdiction on the basis that the judgment had been obtained in flagrant breach of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms as to fair trial.”
WLR Daily, March 2013
Source: www.iclr.co.uk
London Metropolitan University continues legal fight over foreign students – Daily Telegraph
“A university which was stripped of its licence to bring overseas students into Britain is refusing to drop a legal challenge against Theresa May, the Home Secretary, even though its ability to sponsor foreigners was restored yesterday.”
Daily Telegraph, 9th April 2013
Source: www.telegraph.co.uk
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Law Society president on legal aid change – BBC News
“The government has proposed cutting legal aid for prisoners, newly-arrived immigrants and people with incomes of more £37,500 to reduce the overall bill.”
BBC News, 9th April 2013
Source: www.bbc.co.uk
New £1,300 charge for High Court challenges against Government decisions – Daily Telegraph
“People will have to pay up to £1,300 to bring High Court challenges against Government decisions in a crackdown on spurious legal challenges, under new plans.”
Daily Telegraph, 8th April 2013
Source: www.telegraph.co.uk
New migrants will have to wait a year for legal aid – The Guardian
“Foreign nationals are to be denied the right to obtain legal aid for civil cases until they have lived in Britain for at least a year, the justice secretary Chris Grayling will announce this week.”
The Guardian, 7th April 2013
Source: www.guardian.co.uk
Last week not a good one for Theresa May: not just Abu Qatada – UK Human Rights Blog
“Hot on the Home Secretary’s loss of the Abu Qatada appeal, a reverse for her in another deportation case about someone whom the Court of Appeal described as ‘an important and significant member of a group of Islamist extremists in the UK,’ and who was said to have links – direct or indirect – with men involved in the failed July 21 2005 bombing plot.”
UK Human Rights Blog, 31st March 2013
Source: www.ukhumanrightsblog.com
Conor Gearty: The Important Inconvenience of the Rule of Law – UK Constitutional Law Group
“Omar Othman is a resident of this country – guilty of no crime and up to now facing no charges – whose home country wants to put him on trial in a case where the key evidence against him will in all likelihood have been procured by torture. The only reason he probably won’t be tortured is because the state concerned has reluctantly promised (as an inducement to get him back) not to follow its usual routine.”
UK Constitutional Law Group, 30th March 2013
Source: www.ukconstitutionallaw.org
Abu Qatada’s deportation is unlikely, but charges might see him jailed – The Guardian
“UK courts have ruled against sending Abu Qatada to Jordan, but now he might be charged for allegedly breaching bail conditions.”
The Guardian, 27th March 2013
Source: www.guardian.co.uk
Abu Qatada: Government loses deportation appeal – BBC News
“Home Secretary Theresa May has lost her appeal against a ruling preventing the
deportation of preacher Abu Qatada.”
BBC News, 27th March 2013
Source: www.bbc.co.uk
UK Border Agency to split into two new groups – Home Office
“The UK Border Agency is to be split into two separate entities – an immigration and visa service and an immigration law enforcement organisation – as part of a package of changes announced today.”
Home Office, 26th March 2013
Source: www.homeoffice.gov.uk
Abu Qatada deportation decision due – BBC News
“Home Secretary Theresa May is due to learn whether she has won an appeal to
overturn a decision to allow radical cleric Abu Qatada to stay in the UK.”
BBC News, 27th March 2013
Source: www.bbc.co.uk
Border agency condemned over backlog – BBC News
“MPs say the UK Border Agency is still plagued by backlogs of unresolved immigration cases.”
BBC News, 25th March 2013
Source: www.bbc.co.uk