Archive for the 'deportation' Category

Gay asylum claims not being counted despite pledge, admit ministers – The Guardian

“Ministers have admitted they are failing to collect data on the number of people who claim or are refused asylum on the basis of their sexuality, despite a government promise not to deport lesbians and gay men at risk of persecution.”

Full story

The Guardian, 1st May 2011

Source: www.guardian.co.uk

British courts regain power to deport terrorist suspects – Daily Telegraph

“British courts yesterday won back the power to deport terrorist suspects, criminals and failed asylum seekers after European judges were told to stop interfering.”

Full story

Daily Telegraph, 27th April 2011

Source: www.telegraph.co.uk

Court of Appeal rejects ‘hit-and-run’ deportation bid – BBC News

“A government bid to deport a failed asylum seeker who killed a 12-year-old girl in a hit-and-run in Lancashire has been rejected by the Court of Appeal.”

Full story

BBC News, 8th April 2011

Source: www.bbc.co.uk

Home Office urged to halt deportation of Ghanaian sex trafficking victim – The Guardian

“A charity is calling on the Home Office to halt the forced deportation of a trafficked Ghanian woman who was forced into prostitution and who is HIV positive.”

Full story

The Guardian, 1st April 2011

Source: www.guardian.co.uk

Daniyal Shahzad to be deported to Pakistan after lies – BBC News

“A teenager will be deported to his home country of Pakistan after lying about his past in a bid for UK residency.”

Full story

BBC News, 30th March 2011

Source: www.bbc.co.uk

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] – WLR Daily

Regina (Lumba (Congo)) v Secretary of State for the Home Department; Same v Same (No 2); Regina (Mighty (Jamaica)) v Same; [On appeal from Regina (WL (Congo)) v Secretary of State for the Home Department] [2011] UKSC 12;;  [2011] WLR (D)  100

 “The unlawful exercise by the Secretary of State of the power to detain foreign national prisoners gave rise to a private law action for the tort of false imprisonment without the need for proof of damage on the part of the prisoners, even though it could be demonstrated that they could and would still have been detained if the power had been lawfully exercised. However, in those circumstances the prisoners had suffered no loss or damage and were entitled to no more than nominal damages.”

WLR Daily, 23rd March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Foreign prisoners win £1 over UK false imprisonment – BBC News

“The UK Supreme Court has ruled that the Home Office unlawfully imprisoned two foreign national prisoners in a ‘serious abuse of power’.”

Full story

BBC News, 23rd March 2011

Source: www.bbc.co.uk

Regina (Abdi) v Secretary of State for the Home Department; Regina (Khalaf) v Same – WLR Daily

“In deciding whether a foreign national facing deportation had been detained for too long it was right to consider what had happened since the start of the detention and to consider all the relevant factors in the context of the time so far spent in detention and to ask in all the circumstances whether this was a reasonable time for effecting the statutory purpose.”
WLR Daily, 10th March 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Guardian Focus podcast: The indefinite detention of foreign prisoners – The Guardian

“Hundreds of foreign prisoners are held indefinitely after they have served their criminal sentences. Harriet Grant investigates.”

Full story

The Guardian, 25th February 2011

Source: www.guardian.co.uk

Torture victim fights decision to deport her back to Sudan – The Independent

“A Darfuri torture victim is today set to be deported back to Sudan, where she believes she could be killed, due to what her supporters claim is a ‘bureaucratic blunder’ by the Home Office.”

Full story

The Independent, 14th February 2011

Source: www.independent.co.uk

Supreme Court ruling puts children first in immigration cases – Law Society’s Gazette

“A landmark Supreme Court ruling has put the ‘best interests of the child’ at the centre of decision-making in immigration cases involving the deportation or removal of their parents.”

Full story

Law Society’s Gazette, 10th February 2011

Source: www.lawgazette.co.uk

UK ‘made safe haven’ by human rights rulings – The Independent

“Human rights rulings make the UK a ‘safe haven’ for suspected foreign terrorists, the independent reviewer of anti-terror laws said today.”

Full story

The Independent, 3rd February 2011

Source: www.independent.co.uk

ZH (Tanzania) v Secretary of State for the Home Department – WLR Daily

“The need to safeguard and promote the welfare of children who were in the United Kingdom was a primary consideration when immigration authorities were making a decision as to the deportation of a parent whose application for asylum in the United Kingdom had been refused. Once the children’s best interests had been identified, the authorities were then required to assess whether those interests were outweighed by any other considerations such as the need to maintain a proper and efficient system of immigration control. When the children had British citizenship that was of particular importance in assessing their best interests.”

WLR Daily, 2nd February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal over hit-and-run asylum seeker – The Independent

“The UK Border Agency will appeal against a tribunal ruling preventing the deportation of a failed asylum seeker who killed a 12-year-old girl in a hit-and-run driving incident, Immigration Minister Damian Green said today.”

Full story

The Independent, 17th December 2010

Source: www.independent.co.uk

Failed asylum seeker who left girl to die allowed to remain in Britain – Daily Telegraph

“A failed asylum-seeker who left a 12-year-old girl dying under the wheels of his car while banned from driving will be allowed to remain in the UK, judges ruled today.”

Full story

Daily Telegraph, 16th December 2010

Source: www.telegraph.co.uk

Supreme court clears way to deport rapist – The Independent

“A Somali national jailed for rape and indecency with a child faces deportation following a ruling of the Supreme Court.”

Full story

The Independent, 25th November 2010

Source: www.independent.co.uk

European court demands halt to forcible return of Iraqi asylum seekers – The Guardian

“The government’s programme of deporting failed asylum seekers to Iraq has been thrown into confusion after the European Court of Human Rights ruled that forcible returns to Baghdad should be suspended immediately because of an upsurge in sectarian violence and suicide bombings.”

Full  story

The Guardian, 5th November 2010

Source: www.guardian.co.uk

Jimmy Mubenga: Questions raised over flight guidelines for deportations – The Guardian

“The use of commercial aircraft to transport deportees has been called into question by a British Airways pilot following the death of Jimmy Mubenga.”

Full story

The Guardian, 15th October 2010

Source: www.guardian.co.uk

Enforced returns to Zimbabwe will resume – UK Border Agency

“Following a written ministerial statement today by the Minister for Immigration, the UK Border Agency will be resuming enforced returns of failed asylum seekers to Zimbabwe.”

Full press release

UK Border Agency, 14th October 2010

Source: www.ukba.homeoffice.gov.uk

Zimbabweans who fail to gain asylum will be forced to return – The Independent

“Britain is to begin the forced return of thousands of failed asylum seekers to Zimbabwe in a change of policy condemned by human rights groups.”

Full story

The Independent, 15th October 2010

Source: www.independent.co.uk

Child M and family to be deported to Iran despite protests – The Guardian

“A 10-year-old boy who has lived in the UK for three years with his family has been told by a high court judge he must return to Iran as soon as possible, despite a petition to prevent his deportation that has more than 5,000 signatures.”

Full story

The Guardian, 22nd September 2010

Source: www.guardian.co.uk

Iranian diplomatic impasse leads to damages ruling – The Independent

“Two iranian nationals are to receive compensation from the Government after a judge decided that both had been unlawfully detained while awaiting deportation for criminal convictions.”

Full story

The Independent, 23rd September 2010

Source: www.independent.co.uk

Home Office to deport Jamaican mother after 10 years in UK – The Guardian

“A hunger striker who protested at the treatment of immigration detainees in Yarl’s Wood detention centre is due to be deported to Jamaica today.”

Full story

The Guardian, 15th September 2010

Source: www.guardian.co.uk

Home Office wins deportation court case – Home Office

“Home Secretary is ‘delighted’ at outcome of a test case which will see an Ethiopian man deported in the interests of national security.”

Full press release

Home Office, 10th September 2010

Source: www.homeoffice.gov.uk

Hampshire nursing home illegal immigrants deported – BBC News

“Nine illegal immigrants arrested during a police and UK border raid at a care home in Hampshire have been deported.”

Full story

BBC News, 20th August 2010

Source: www.bbc.co.uk

Batista v Secretary of State of the Home Department – WLR Daily

Batista v Secretary of State of the Home Department [2010] EWCA Civ 896; [2010] WLR (D) 233

“When considering whether a decision to deport a national of the European Economic Area (‘EEA’) was proportionate, the court should ask itself whether members of the deportee’s family would move to the country of origin with the deportee and whether it was reasonable to expect them to do so, rather than to ask whether there were ‘insurmountable obstacles’ to them moving.”

WLR Daily, 19th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

£30m heroin smuggler avoids deportation thanks to obscure law – Daily Telegraph

“A Turkish drug trafficker sentenced to 20 years’ imprisonment for his role in one of Britain’s largest-ever heroin seizures cannot be deported because of an obscure European law.”

Full story

Daily Telegraph, 31st July 2010

Source: www.telegraph.co.uk

Deportation fast-track system for asylum seekers is illegal, court rules – The Guardian

“A fast-track process for deporting failed asylum-seekers, which gives them little or no notice of their immediate removal, is unlawful, the high court ruled today.”

Full story

The Guardian, 26th July 2010

Source: www.guardian.co.uk

Ruling expected on ‘fast-track deportation’ policy – The Independent

“The High Court is ruling today on the legality of a Home Office policy which allows the speedy deportation of foreign nationals refused permission to remain in the UK.”

Full story

The Independent, 26th July 2010

Source: www.independent.co.uk

Iraqi pupil to be thrown out of Britain over age dispute – The Independent

“An Iraqi refugee who is studying for his GCSEs has been told he will be made homeless and deported because social workers have decided that he is 20 years old.”

Full story

The Independent, 23rd July 2010

Source: www.independent.co.uk

Why the Supreme Court ruled against the deportation of gay asylum-seekers – The Independent

“Gay and lesbian asylum-seekers have won the right to live in Britain after the Supreme Court ruled yesterday that the Government was wrong to return refugees to countries where people had to choose between homophobic persecution or hiding their true sexual identity.”

Full story

The Independent, 8th July 2010

Source: www.independent.co.uk

Court to rule on gay asylum seekers – The Independent

“The Supreme Court rules today on cases brought by two gay failed asylum seekers who could face persecution if they are deported.”

Full story

The Independent, 7th July 2010

Source: www.independent.co.uk

Don’t delay deportation flight, government warns judges – The Guardian

“Government lawyers have warned high court judges that last-minute legal challenges should not be allowed to ‘disrupt or delay’ a deportation flight to Baghdad due to leave Britain early tomorrow.”

Full story

The Guardian, 8th June 2010

Source: www.guardian.co.uk

Judge orders Home Office to stop deportations without warning – The Guardian

“A high court judge has ordered the Home Office to halt the deportation of foreign nationals with almost no warning after a legal challenge argued the process denies people access to justice before they are removed.”

Full story

The Guardian, 25th May 2010

Source: www.guardian.co.uk

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

Regina (MJ (Angola)) v Secretary of State for the Home Department [2010] EWCA Civ 557; [2010] WLR (D) 132

“The Secretary of State’s apparently untrammelled discretion contained in s 42(2) of the Mental Health Act 1983 to discharge a patient detained in hospital under ss 37 and 41 of the Act in order to facilitate his or her deportation on the grounds that he had committed criminal offences was to be exercised rationally and in such a way as would not breach the patient’s Convention rights. In considering whether deportation would interfere with a patient’s Convention right to respect for his private and family life, very serious reasons were required to justify expulsion where the patient had lawfully spent a major part of his childhood or youth in the host country and had committed the relevant offences as a juvenile.”

WLR Daily, 21st May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Kluxen; Regina v Rostas and another – WLR Daily

Regina v Kluxen; Regina v Rostas and another [2010] EWCA Crim 1081; [2010] WLR (D) 128

“Where the Secretary of State for the Home Department was required by s 32 of the United Kingdom Borders Act 2007 to make a deportation order in respect of a foreign criminal, namely a person who was not a British citizen and who had been convicted of an offence and sentenced to imprisonment or detention of at least 12 months, it was not appropriate or necessary for the sentencing court to recommend the deportation of that person.”

WLR Daily, 18th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

SIAC: striking the balance between national security and human rights – The Guardian

“Analysis of the court ruling yesterday on deporting suspected terrorists on the basis of confidential assurances because they would face torture or death.”

Full story

The Guardian, 19th May 2010

Source: www.guardian.co.uk

Pakistani students arrested in terror raids win deportation battle – Daily Telegraph

“Two men who were arrested in major counter-terrorism raids but never charged today won their appeals against deportation.”

Full story

Daily Telegraph, 18th May 2010

Source: www.telegraph.co.uk

Manchester and Liverpool ‘terror’ students decision day – BBC News

“Five Pakistani students who were accused of planning a bomb attack will hear if they have won appeals against deportation from the UK.”

Full story

BBC News, 18th May 2010

Source: www.bbc.co.uk

Algerian terror suspect allowed to stay for children – Daily Telegraph

“An Algerian terror suspect has been allowed to stay in Britain because attempts to remove him have taken so long his children are now settled here.”

Full story

Daily Telegraph, 9th May 2010

Source: www.telegraph.co.uk

Pakistani sex offender wins right to stay in UK – BBC News

“A Pakistani man who sexually abused two girls has won the right to stay in Britain, claiming his human rights would be breached if he was deported.”

Full story

BBC News, 20th April 2010

Source: www.bbc.co.uk

Ex-lover jailed for nurse’s ‘frenzied’ killing – The Independent

“A man who brutally murdered a nurse during a ‘frenzied attack’ was sentenced to life in prison today.”

Full story

The Independent, 19th April 2010

Source: www.independent.co.uk

Ex-footballer Rosenior fights brother’s deportation – BBC News

“A man who fled civil war as a child, with the British midwife who delivered him, has been told he will be deported.”

Full story

BBC News, 15th April 2010

Source: www.bbc.co.uk

Deportation of rapist halted by appeal judges – The Independent

“Appeal judges today halted the deportation of a convicted rapist and ordered a new hearing which must take into account his rights to family life.”

Full story

The Independent, 15th April 2010

Source: www.independent.co.uk

Rapist avoids deportation so that he can marry in Britain – Daily Telegraph

“A convicted rapist facing deportation has won a High Court battle to be allowed to stay in the country to get married.”

Full story

Daily Telegraph, 30th March 2010

Source: www.telegraph.co.uk

Asylum deportation flights need rights monitors, EU says – The Guardian

“Deportation flights should carry human rights monitors to check on the safety of failed asylum seekers who have been forcibly removed, a senior EU commissioner has recommended.”

Full story

The Guardian, 14th March 2010

Source: www.guardian.co.uk

‘Psychopathic’ father jailed for baby murder – BBC News

“A father who ‘used his baby as a tool to avoid deportation’ has been jailed for life for her murder, and must serve a minimum of 16 years.”

Full story

BBC News, 19th February 2010

Source: www.bbc.co.uk

KB (Trinidad and Tobago) v Secretary of State for the Home Department – WLR Daily

KB (Trinidad and Tobago) v Secretary of State for the Home Department  [2010] EWCA Civ 11; [2010] WLR (D) 9

“Deportation cases, where the aim was the prevention or disorder and crime, did not call for a materially different approach from that required in ordinary removal cases, where the aim was the maintenance of effective immigration control. The issues arose under the same legal framework and involved the same essential question as to whether, if expulsion would interfere with rights protected by art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, such interference was proportionate to the legitimate aim pursued.”

WLR Daily, 25th January 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast)v Secretary of State for the Home Department – WLR Daily

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast)v Secretary of State for the Home Department  [2010] EWCA Civ 10; [2010] WLR (D) 8

“Where it was sought to deport or remove a settled migrant who had spent the major part of his/her childhood in the United Kingdom, on the basis that he had committed criminal offences, the Home Secretary would have to show very serious reasons to justify his/her removal which would interfere with the migrant’s Convention right to respect for his private and family life. The decision letter should make it clear whether the decision had been made for the prevention of disorder or crime or for the maintenance of effective immigration control.”

WLR Daily, 25th January 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department – WLR Daily

BA (Nigeria) v Secretary of State for the Home Department; PE (Cameroon) v Secretary of State for the Home Department; [2009] UKSC 7 ; [2009] WLR (D) 344

“A person who had made an asylum claim or a human rights claim within the meaning of s 113(1) of the Nationality, Immigration and Asylum Act 2002 was entitled, by virtue of s 92(4)(a), to remain in the United Kingdom until his appeal against a decision that he be removed from the UK had been disposed of, unless the Secretary of State had issued certificates to contrary effect under ss 94 or 96 of the Act.”

WLR Daily, 26th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Immigration judges: ‘Afghanistan is not in a state of war’ – The Independent

“Hundreds of Afghans living in Britain face being deported after immigration judges ruled that their home country’s bloody conflict did not make the region an unsafe place to return failed asylum-seekers.”

Full story

The Independent, 23rd October 2009

Source: www.independent.co.uk

Cases which undermined the Human Rights Act – Daily Telegraph

“As Keir Starmer, the Director of Public Prosecutions, defends the Human Rights Act, here are five of the most controversial cases in which it has been invoked.”

Full story

Daily Telegraph, 22nd October 2009

Source: www.telegraph.co.uk

Owning a cat helped immigrant avoid deportation – The Independent

“An immigrant facing deportation from Britain cited ownership of a pet cat with his girlfriend as part of his legal battle to stay in the country, it was revealed today.”

Full story

The Independent, 19th October 2009

Source: www.independent.co.uk

Deported Iraqis put straight back on plane to Britain – The Independent

“More than 30 Iraqi asylum-seekers deported to Baghdad by the Home Office have been refused entry to their own country and flown back to Britain.”

Full story

The Independent, 17th October 2009

Source: www.independent.co.uk

Foreign killer pledge ‘a sham’ – BBC News

“A pledge to deport foreign criminals has been denounced as ‘a sham’ by the Tories, after they learned three convicted murderers remained in the UK.”

Full story

BBC News, 6th September 2009

Source: www.bbc.co.uk


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