Archive for the 'immigration' Category

Okafor v Secretary of State for the Home Department – WLR Daily

Okafor v Secretary of State for the Home Department [2011]EWCA Civ 499; [2011] WLR (D) 146

“Where a EU citizen resident in the United Kingdom had died before acquiring a right to permanent residence her family members did not have rights to permanent residence simply by having resided for five years under a lawful residence permit. If a person no longer had a right to reside in the United Kingdom, the fact that the Secretary of State had not cancelled the document which initially granted that right could not establish a right of lawful residence under national law.”

WLR Daily, 20th April 2011

Source: www.iclr.co.uk

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

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

New rules for migrant church weddings – Daily Telegraph

“The tradition of reading church banns is to be dropped for migrant weddings as part of a new drive to combat bogus marriages.”

Full story

Daily Telegraph, 12th April 2011

Source: www.telegraph.co.uk

LSB assumes an oversight role in the regulation of immigration advice and services –

“The Legal Services Board (LSB) has today (1 April) assumed a new responsibility under the Legal Services Act 2007. Commencement of Schedule 18 of the Act sees the LSB take on regulatory oversight for immigration advice and services provided by lawyers authorised by Approved Regulators.”

Full story

Legal Services Board, 1st April 2011

Source: www.legalservicesboard.org.uk

Uxbridge legal adviser is jailed over immigration fraud – UK Border Agency

“”An immigration advisor has been jailed for 6 years for helping submit fraudulent visa applications, following an investigation by the UK Border Agency’s West London immigration crime team.”

Full press release

UK Border Agency, 31st March 2011

Source: www.ukba.homeoffice.gov.uk

Mohammed and others v Home Office – WLR Daily

Mohammed and others v Home Office [2011] EWCA Civ 351;  [2011] WLR (D)  112

“The Home Office did not owe a common law duty of care to claimants applying for indefinite leave to remain for maladministration.”

WLR Daily, 29th 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.

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 (MK (Tunisia)) v Secretary of State for the Home Department – WLR Daily

Regina (MK (Tunisia)) v Secretary of State for the Home Department [2011] EWCA Civ 333; [2011] WLR (D) 106

“A claimant whose leave to remain in the country was cancelled while he was out of the country did not thereby lose his in-country right of appeal, and he could therefore return to exercise that right of appeal against the cancellation.”

WLR Daily, 25th 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.

Sheffield wedding party sentenced – UK Border Agency

“A wedding party arrested in Sheffield city centre last September as part of a nationwide crackdown have been jailed.”

Full press release

UK Border Agency, 22nd April 2011

Source: www.ukba.homeoffice.gov.uk

Government outlines overhaul of student visas – UK Border Agency

“Tougher entrance criteria, limits on work entitlements and the closure of the post-study work route are among the changes to the student visa system announced today by Home Secretary Theresa May.”

Full story

UK Border Agency, 22nd March 2011

Source: www.ukba.homeoffice.gov.uk

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same – WLR Daily

Regina (Parsipoor) v Secretary of State for the Home Department; Regina (Salih and another) v Same [2011] EWCA Civ 276; [2011] WLR (D) 97

“A claimant in a claim for judicial review was entitled to an oral hearing even where the claims were academic.”

WLR Daily, 17th 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.

Government faces calls to overhaul visa rules for foreign performers – The Guardian

“The case of an American cellist, Kristin Ostling, who was sent back to Chicago by British immigration officials when she came to the UK to take part in an unpaid recital, has fuelled demands for an overhaul of the visa system for visiting artists and musicians.”

Full story

The Guardian, 21st March 2011

Source: www.guardian.co.uk

Government unveils new immigration rules – Law Society’s Gazette

“The government unveiled new immigration rules today that will give wealthy entrepreneurs a ‘fast-track’ route to settling in the UK.”

Full story

Law Society’s Gazette, 16th March 2011

Source: www.lawgazette.co.uk

Jack Straw calls for immigration hearing law change – BBC News

“Former Home Secretary Jack Straw has called for judges to be able to hear from victims in immigration hearings.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

LO (Jordan) v Secretary of State for the Home Department – WLR Daily

LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164; [2011] WLR (D) 68

“The Court of Appeal had jurisdiction to hear a further appeal from the Special Immigration Appeals Commission only when there had been a final determination of the appeal to the commission and it had issued a decision as to the disposition. Where an appeal to the commission was treated as withdrawn no such decision was made.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

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

PO (Nigeria) v Secretary of State for the Home Department – WLR Daily

PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132; [2011] WLR (D) 61

“The current practice of producing a headnote of the determination of the Asylum and Immigration Tribunal in a country guidance case needed to be reviewed.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that 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

R (Daley-Murdock) v Secretary of State for the Home Department – WLR Daily

R (Daley-Murdock) v Secretary of State for the Home Department [2011] EWCA Civ 161; [2011] WLR (D) 56

“It was contrary to the policy and objects of the Nationality, Immigration and Asylum Act 2002 to impose an obligation on the Secretary of State when refusing an overstayer’s application for leave to remain to make an appealable removal decision at the same time which would confer a right of appeal.”

WLR Daily, 24th February 2011

Source: www.lawreports.co.uk

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

R (Mirza and others) v Secretary of State for the Home Department – WLR Daily

R (Mirza and others) v Secretary of State for the Home Department [2011] EWCA Civ 159; [2011] WLR (D) 55

“The Home Secretary, when refusing to extend a foreign national’s leave to remain in the United Kingdom, ought at the same time or promptly thereafter make a removal decision which, if adverse, would enable the foreign national to appeal without breaking the law by overstaying.”

WLR Daily, 24th February 2011

Source: www.lawreports.co.uk

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

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

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.

Koran-protest US pastor Terry Jones banned from UK – Daily Telegraph

“The American pastor who sparked a global controversy when he threatened to burn the Koran has been banned from entering Britain by the Home Office.”

Full story

Daily Telegraph, 19th January

Source: www.telegraph.co.uk

Yarl’s Wood mother jailed without charge for a year to ‘silence’ her – The Guardian

“A woman who went on hunger strike in protest at her detention in the Yarl’s Wood immigration removal centre claims she has been silenced by the state after being held in a prison without charge for almost a year.”

Full story

The Guardian, 16th January 2011

Source: www.guardian.co.uk

Yarl’s Wood child detention ruled unlawful – The Guardian

“A high court judge has ruled that two mothers and their children were unlawfully detained at Yarl’s Wood immigration centre after dawn raids on their homes last year.”

Full story

The Guardian, 11th January 2011

Source: www.guardian.co.uk

Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar – WLR Daily

Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar [2010] EWCA Civ 1406; [2010] WLR (D) 344

“A short term of imprisonment on the part of an EEA worker during his first five years in the United Kingdom meant that the time needed to establish a right permanently to reside had to begin anew after his imprisonment had concluded.”

WLR Daily, 22nd December 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.

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department – WLR Daily

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department [2010] EWCA Civ 1482; [2010] WLR (D) 341

“R 277 of the Statement of Changes in Immigration Rules, which prevented entry clearance to a party to a marriage where one spouse was a United Kingdom citizen and either party was aged under 21 years, was a disproportionate inhibition on family and private life and on the right to marry, guaranteed by arts 8 and 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 22nd December 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.

Immigration cap overturned by high court judges – The Guardian

“The high court has delivered a fresh blow to home secretary Theresa May’s already troubled plans for a cap on immigration. Two senior judges have ruled that the temporary limit imposed from 28 June on skilled migrants from outside the European Union is unlawful because ministers sidestepped proper parliamentary approval when it was introduced.”

Full story

The Guardian, 17th December 2010

Source: www.guardian.co.uk

New compassionate approach to family returns – UK Border Agency

“Yarl’s Wood immigration removal centre will close to children with immediate effect today, following a review of the detention of children and family returns by the government working with key partners.”

Full press release

UK Border Agency, 16th December 2010

Source: www.ukba.homeoffice.gov.uk

Solicitor jailed over bogus college scam – Home Office

“Three people have been sentenced to a total of eighteen and a half years for setting up bogus colleges to help illegal immigrants remain in the UK.”

Full press release

Home Office, 13th December 2010

Source: www.homeoffice.gov.uk

Government sets out proposals for major reform of the student visa system – UK Border Agency

“Tougher entrance criteria, limits on work and an end to students staying in the UK to look for a job are just some of the changes proposed by Immigration Minister Damian Green today as part of a shake-up of the student visa system.”

Full press release

UK Border Agency,7th December 2010

Source: www.ukba.homeoffice.gov.uk

Employers of illegal workers failing to pay fines – The Guardian

“The UK Border Agency (UKBA) has failed to create a ‘hostile environment’ for employers of illegal migrant workers in Britain who have escaped tens of millions of pounds of unpaid fines, according to an official report published today.”

Full story

The Guardian, 18th November 2010

Source: www.guardian.co.uk

Lawyer jailed over immigration scam – UK Border Agency

“A former barrister has today been jailed for 8 1/2 years for his role in a massive immigration scam which netted millions of pounds. 36-year-old Syed Ahmed of Havelock Terrace, Sunderland was among 5 people involved in running a bogus college and corrupt immigration advisory firm in London. They were all arrested after an investigation by our London immigration crime team.”

Full story

UK Border Agency, 25th October 2010

Source: www.ukba.homeoffice.gov.uk

High Court test case to keep Islamic preacher Zakir Naik out of Britain – Daily Telegraph

“A Christian minister is bringing a legal test case to try to prevent a radical Islamic preacher coming to Britain.”

Full story

Daily Telegraph, 10th October 2010

Source: www.telegraph.co.uk

Sham marriage gang jailed for 14 years – UK Border Agency

“Seven people involved in a large scale sham marriage scam to try and beat UK immigration rules have been sentenced at Manchester Crown Court.”

Full press release

UK Border Agency, 30th September 2010

Source: www.ukba.homeoffice.gov.uk

Seven jailed over sham marriages scam – The Independent

“Seven members of a gang who organised sham weddings for illegal immigrants were jailed today (28 September).”

Full story

The Independent, 28th September 2010

Source: www.independent.co.uk

Millions paid in compensation to migrants locked up in UK – The Guardian

“Millions of pounds in compensation is being paid to migrants who have been traumatised after being locked up in detention centres across the UK, the Guardian has learned.”

Full story

The Guardian, 26th September 2010

Source: www.guardian.co.uk

Ministers face high court battle over cap on immigration – The Guardian

“A high court battle is to be launched that threatens to deliver a fresh body-blow to the government’s already troubled plans to introduce a cap on immigration.”

Full story

The Guardian, 23rd September 2010

Source: www.guardian.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

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

Couple jailed over sham marriage in Lancashire – BBC News

“The UK Border Agency (UKBA) has said it is committed to tackling sham marriages after a couple were jailed for staging a ceremony in Lancashire.”

Full story

BBC News, 15th September 2010

Source: www.bbc.co.uk

Ten years in jail for immigration fraudster – Home Office

“A Hounslow man was today jailed following a UK Border Agency investigation which revealed he set up bogus companies to allow immigrants to extend their visas.”

Full press release

Home Office, 14th September 2010

Source: www.homeoffice.gov.uk

Government climbdown on detention of children in immigration centres – The Guardian

“Immigration minister Damian Green announces intention to ‘minimise’ detention of children rather than end practice.”

Full story

The Guardian, 9th September 2010

Source: www.guardian.co.uk

Minister sets out evidence for immigration policy change – UK Border Agency

“The government will ensure that the UK maximises the benefits of immigration, Immigration Minister Damian Green has said. Speaking to the Royal Commonwealth Society last night, the minister commented that the UK has always benefited from immigration, but ‘will only continue to do so if it is properly controlled.’ ”

Full press release

UK Border Agency, 7th September 2010

Source: www.ukba.homeoffice.gov.uk

Regina (Ngouh) v Secretary of State for Home Department – WLR Daily

Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239

“It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that had lead to its deployment.”

WLR Daily, 6th September 2010

Source: www.lawreports.co.uk

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

Church of England vicar jailed over sham marriages – UK Border Agency

“A Church of England vicar was today among 3 men jailed for staging hundreds of sham marriages in East Sussex. Reverend Alex Brown was found guilty of conspiring to facilitate breaches in immigration law in July alongside 2 other men, Ukrainian national Vladymyr Buchak and lawyer Michael Adelasoye, following an 8 week trial.”

Full press release

UK Border Agency, 6th September 2010

Source: www.ukba.homeoffice.gov.uk

Government plans reviews of immigration system – UK Border Agency

“Immigration Minister Damian Green will confirm this evening that the government is to look at all immigration routes into the UK and set new rules.”

Full press release

UK Border Agency, 6th September 2010

Source: www.ukba.homeoffice.gov.uk

Vicar jailed for sham marriages scam – Daily Telegraph

“A Church of England vicar has been jailed for four years for his part in Britain’s biggest sham marriage fraud to help hundreds of illegal immigrants stay in Britain.”

Full story

Daily Telegraph, 6th September 2010

Source: www.telegraph.co.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.

UK Border Agency investigation finds cause for ‘significant concern’ – The Guardian

“An investigation into claims by a whistleblower that asylum seekers are mistreated, tricked and humiliated by staff working for the UK Border Agency has found cause for ‘significant concern’ and makes several recommendations for change.”

Full story

The Guardian, 8th August 2010

Source: www.guardian.co.uk

Legal aid clients left in limbo after payment changes – BBC News

“Hundreds of lawyers no longer advise vulnerable clients as changes in legal aid payments have forced many to abandon the work, the BBC has learned.”

Full story

BBC News, 5th August 2010

Source: www.bbc.co.uk

Two vicars held over suspected sham marriages – The Guardian

“Two clergymen suspected of officiating over sham marriages were arrested by immigration officers today [3rd August].”

Full story

The Guardian, 3rd August 2010

Source: www.guardian.co.uk

17,000 immigration appeals unopposed – The Independent

“Thousands of appeals against immigration decisions succeeded last year without the Home Office even attending a hearing to defend its original rejections, figures showed today.”

Full story

The Independent, 2nd August 2010

Source: www.independent.co.uk

£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

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) – WLR Daily

Lekpo-Bozua v Hackney London Borough Council (Secretary of State for Communities and Local Government intervening) [2010] EWCA Civ 909; [2010] WLR (D) 208

“An applicant for accommodation could establish a priority need under the Housing Act 1996 because a dependent child was residing with her, where the dependent child was an European Economic Area national from abroad, even though the child did not have a permanent right to reside but was subject to immigration control, but the housing authority’s duty was then the restricted duty provided for under s 193(7AA) of the 1996 Act as amended. Under either the amended or unamended provisions the duty would have been the full duty had the dependent child had a right of permanent residence in the United Kingdom. Moreover, a failure by the host member state to enforce the removal of the dependent child after three months did not graduate by waiver to her acquiring a permanent right to residence.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

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


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