Dishonourable discharge – Nearly Legal

‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’

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Nearly Legal, 13th October 2019

Source: nearlylegal.co.uk

Asylum-Seeking Children Might Not Be Able To Reunite With Their Families After Brexit, Campaigners Warn – Rights Info

‘The Home Office is looking to end the current system which reunites asylum-seeking children with their families if a no-deal Brexit goes through.’

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Rights Info, 2nd September 2019

Source: rightsinfo.org

New global resettlement scheme for the most vulnerable refugees announced – Home Office

Posted June 19th, 2019 in children, press releases, refugees by tracey

‘The UK will continue to resettle thousands of refugees under a new scheme set to start in 2020, the Home Secretary announced today.’

Full press release

Home Office, 17th June 2019

Source: www.gov.uk/home-office

Tommy Robinson sued by Syrian schoolboy he accused of assault – The Guardian

‘The Syrian schoolboy who was filmed being attacked in a playground in Huddersfield is suing the far-right campaigner Tommy Robinson for accusing him of assaulting white schoolgirls.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Allocation Policy – Local Government Law

Posted April 25th, 2019 in equality, housing, local government, news, race discrimination, refugees, travellers by tracey

‘In conjoined appeals, (2019) EWCA Civ 692, R (Gullu) v Hillingdon LBC and R (Ward) v Hillingdon LBC, the Court of Appeal considered the lawfulness of Hillingdon’s housing allocation policy. The policy prioritised people who had been resident in the local area for 10 years. That was found to discriminate indirectly against protected groups.’

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Local Government Law, 23rd April 2019

Source: local-government-law.11kbw.com

15 LGBT refugees say UK Home Office has ‘abandoned’ them to danger in Turkey – The Guardian

Posted April 15th, 2019 in homosexuality, news, refugees by michael

‘Fifteen LGBT Syrian refugees are launching a legal challenge on Monday against the Home Office claiming they have been abandoned to a life of danger in Turkey, despite promises to bring them speedily to safety in the UK.’

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The Guardian, 15th April 2019

Source: www.theguardian.com

Syrian refugee ‘attack’: 16-year-old boy given police caution over incident at Huddersfield school – The Independent

‘A boy accused of attacking a Syrian refugee at their school in Huddersfield has been given a police caution.’

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The Independent, 29th March 2019

Source: www.independent.co.uk

Refugee families allowed to settle in UK after 20 years stranded at British military base in Cyprus – The Independent

Posted December 4th, 2018 in immigration, news, refugees by tracey

‘Six refugee families who have been stranded at a British military base in Cyprus for more than 20 years are to be allowed to settle in the UK following a legal battle.
The government has granted the group indefinite leave to enter the UK for permanent residence, in a U-turn that comes shortly before a Supreme Court hearing on the case.’

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The Independent, 4th December 2018

Source: www.independent.co.uk

Court upholds UK cap on number of child refugees – The Guardian

Posted October 4th, 2018 in appeals, children, consultations, immigration, news, refugees by tracey

‘The government’s decision to cap the number of unaccompanied child refugees who can be brought into the UK has been upheld by the court of appeal. But three senior judges said there had been a breach of the “duty of fairness” in the process because those refused entry were not given any reasons for being denied permission.’

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The Guardian, 3rd October 2018

Source: www.theguardian.com

UK asylum seekers refused housing over ‘social cohesion issues’ – The Guardian

Posted September 27th, 2018 in asylum, detention, housing, immigration, news, race discrimination, refugees by tracey

‘Details of the ban emerged in a note from the Home Office to an asylum seeker’s solicitor, in which the department said that it had an agreement with local authorities in that region not to house any “foreign nationals with known criminality”.’

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The Guardian, 27th September 2018

Source: www.theguardian.com

Home Office loses 75% of its appeals against immigration rulings – The Guardian

Posted September 5th, 2018 in appeals, government departments, immigration, news, refugees by sally

‘Nearly three-quarters of final immigration court appeals brought by the Home Office against rulings allowing asylum seekers and other migrants to stay in the UK are dismissed, according to figures seen by the Guardian.’

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The Guardian, 3rd September 2018

Source: www.theguardian.com

Case Comment: R (Bashir & Ors) v Secretary of State for the Home Department [2018] UKSC 45 Part Two – UKSC Blog

‘The Supreme Court held that the terms of the Convention do not entitle the respondents to be resettled in the UK metropolitan territory. Overall, a state’s duties to a refugee reaching a particular territory – whose international relations the state controls – are in principle and in normal circumstances limited to providing and securing the refugee’s Convention rights in that context.’

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UKSC Blog, 24th August 2018

Source: ukscblog.com

Case Comment: R (Bashir & Ors) v Secretary of State for the Home Department [2018] UKSC 45 Part One – UKSC Blog

‘In a complex interim judgment dealing with threshold issues, the Supreme Court has asad-khanheld that both the Refugee Convention 1951 and the 1967 Protocol extend to the UK’s Sovereign Base Areas (SBAs) of Akrotiri and Dhekelia. Britain occupied Cyprus between 1878 and 1960. Secretive deal making with the Ottoman Empire led the British Empire to forge an alliance with the Turks to protect them from Russia. The British initially occupied and administered Cyprus and ultimately annexed it upon the outbreak of the First World War when the British and the Turks found themselves fighting on opposite sides. Turkey recognised the annexation in the Treaty of Lausanne 1923 and that status continued until the settlement between the UK, Greece and Turkey in 1960 when Cyprus became a republic. Like Britain’s other Mediterranean possessions the island was of military and strategic importance rather than economic value. Upon independence in 1960, the UK retained sovereignty over the SBAs to accommodate military bases which are now the only notable British strategic assets in the eastern Mediterranean. These proceedings threw up a number of issues including the respondents’ entitlement to resettlement in the UK under the Convention, the validity of the UK-Cyprus Memorandum of Understanding of 2003 on illegal migrants and asylum seekers, and whether the UK is in principle entitled to discharge its obligations under the Convention by arranging for support to be provided by Cyprus?’

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UKSC Blog, 24th August 2018

Source: ukscblog.com

In praise of the 1961 Statelessness Convention – by Alison Harvey – No. 5 Chambers

Posted August 7th, 2018 in citizenship, immigration, news, refugees, treaties by sally

‘It is a lot better to have a stateless person’s travel document than to be undocumented. A lot better to have leave as a stateless person than none. But a stateless person with a travel document and leave is still stateless. The 1954 Convention on the Status of Stateless Persons is familiar because of its close resemblance to the 1951 Refugee Convention and, perhaps because of this, it is easy for it to dominate discussions. But the big prizes are to be had in implementing the 1961 Convention on the Reduction of Statelessness, in prevention and reduction of statelessness.’

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No. 5 Chambers, 27th July 2018

Source: www.no5.com

Allocations and Equality Act – Nearly Legal

Posted August 6th, 2018 in equality, housing, local government, news, race discrimination, refugees by sally

‘R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin)

This was another challenge to LB Hillingdon’s policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found that Hillingdon’s policy unjustifiably discriminated against Travellers. But with a very different outcome.’

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Nearly Legal, 5th August 2018

Source: nearlylegal.co.uk

Home Office misled court about treatment of child refugees from Calais, judges find – The Guardian

‘The government “materially misled” the high court about its treatment of child refugees who applied for safe passage to the UK from Calais, giving incomplete evidence that was “a serious breach of the duty of candour and cooperation”, the court of appeal ruled on Tuesday.’

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The Guardian, 31st July 2018

Source: www.theguardian.com

Council defeats challenge to prioritisation of residents with 10 years in borough – Local Government Lawyer

Posted July 30th, 2018 in housing, local government, news, race discrimination, refugees by sally

‘A London borough has successfully defended a High Court challenge to the prioritisation under its housing allocation scheme of those people who have been resident in the borough for 10 years.’

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Local Government Lawyer, 27th July 2018

Source: www.localgovernmentlawyer.co.uk

Government reinstates legal aid for child migrants in major U-turn – The Independent

Posted July 13th, 2018 in children, judicial review, legal aid, news, refugees by tracey

‘The government has bowed to pressure to reinstate legal aid for child migrants in a major U-turn after admitting unaccompanied minors in the UK may have been denied access to justice. Campaigners, who said that access to justice for these vulnerable individuals is an “absolute lifeline”, hailed the decision after a five-year legal challenge.’

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The Independent, 12th July 2018

Source: www.independent.co.uk

Immigration and asylum The new arrivals UK Home Office tells stateless man: go home – The Guardian

Posted January 22nd, 2018 in asylum, citizenship, deportation, immigration, news, refugees by sally

‘A man who has been stateless for 31 years has been denied protection in the UK after the Home Office refused to accept he was originally from Palestine, despite advising him to return there on two occasions.’

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The Guardian, 22nd January 2018

Source: www.theguardian.com

Bristol refugee murder review accuses police of institutional racism – The Guardian

Posted December 19th, 2017 in murder, news, police, racism, refugees, reports by sally

‘The family of an Iranian refugee murdered by a vigilante after years of abuse have expressed relief that an independent review has vindicated their campaign to expose institutional racism within a police force and council.’

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The Guardian, 18th December 2017

Source: www.theguardian.com