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People detained in immigration removal centres will normally have committed no crime and have been put there solely because there is something wrong with their immigration status. Various charities have been attempting to raise public awareness of vulnerability and marginalisation of detainees in immigration removal centres, describing in some cases the length of detention involved as arbitrary and the resulting situation as critical and requiring immediate action. Whilst one would expect the... Read more »
Posted: Yesterday  |  Author: Gherson Immigration  |  Comments (0)
Tightening the borders The government has recently announced the details of a change to migrant workers rules with an aim of reducing demand for migrant labour from British employers. The Immigration Skills Charge, expected to come into force on 6 April 2017, will be levied on employers that hire migrants in skilled areas. The charge will be set at £1,000 per employee per year for medium or large companies and at a reduced rate of £364 for small or charitable organisations.... Read more »
Posted: 16 February 2017  |  Author: Gherson Immigration  |  Comments (0)
Following a complaint against the state of Belgium by a Syrian family, the Advocate General Paolo Mengozzi announced on 7 February 2017 that where substantial grounds have been shown for believing that a refusal would place the person seeking international protection at risk of inhuman, degrading treatment or torture, member states must issue entry visas on humanitarian grounds. He added that it is immaterial whether or not there are ties between the person concerned and the EU Member State... Read more »
Posted: 09 February 2017  |  Author: Gherson Immigration  |  Comments (0)
INTERPOL recently adopted new measures in relation to its information processing mechanisms relating in particular to Red Notices. The Statute of the Commission for the Control of INTERPOL's Files comes into force on 11 March 2017 and outlines significant changes to the work of the Commission. The Commission is the body which deals with applications for access to or for the correction or deletion of data which has been processed by INTERPOL. Individuals who seek to remove an improperly... Read more »
Posted: 07 February 2017  |  Author: Gherson Extradition  |  Comments (0)
The Supreme Court's recent decision in Mirza and others v Secretary of State for the Home Department [2016] UKSC 63 makes clear that s.3C of the Immigration Act 1971 does not automatically extend a person's leave to remain. Where leave expires in between the defective application and the fresh one an applicant will simply have run out of time for correction. Background to case Section 3C of the Immigration Act 1971 extends a person's leave to remain pending determination... Read more »
Posted: 03 February 2017  |  Author: Gherson Immigration  |  Comments (0)
A High Court ruling has found that the Detained Fast-Track procedures in place between 2005-2014 were unlawful and ultra vires . The Detained Fast-Track ('DFT') procedure was introduced in 2000 to deal with unprecedented numbers of asylum claims at the time. In 2003 the scope of the rules expanded and allowed the Home Office to detain those seeking asylum 'from the start of their claim through to the determination of their appeals and then to removal, all within a very limited timescale.'... Read more »
Posted: 02 February 2017  |  Author: Gherson Immigration  |  Comments (0)
Beware the wrath of the Tribunal and how to avoid the "unholy trinity" In a spate of recent decisions from the President of the Upper Tribunal (Immigration and Asylum Chamber), Mr Justice McCloskey warned representatives of both Applicants and the Secretary of State, that "[p]ersistent and egregious non-compliance with Upper Tribunal orders, directions and rule will attract appropriate sanctions." The case of Sabir Ahmed and others (sanctions for non-compliance) [2016]... Read more »
Posted: 27 January 2017  |  Author: Gherson Immigration  |  Comments (0)
In a Grand Chamber judgment last month, the European Court of Human Rights provided a positive recalibration of the circumstances in which an individual suffering from a serious illness can resist removal under article 3 of the ECHR. Paposhvili v Belgium originated in an application (no. 41738/10) by a Georgian national, Mr Georgie Paposhvili in 2010. Mr Paposhvili had been living in Belgium since November 1998, when he claimed - but was subsequently refused - asylum. Between 1998... Read more »
Posted: 25 January 2017  |  Author: Gherson Immigration  |  Comments (0)
Immigration detention hardly has a glowing reputation in the UK, with the practices, in particular, of the notorious Yarl's Wood Immigration Removal Centre (IRC) under frequent scrutiny. But despite a plethora of reviews, internal investigations and reports by NGO's, things do not seem to be improving regarding the welfare of immigration detainees. In fact, they are getting worse. Last week saw the death of a third immigration detainee since the start of December, and the second... Read more »
Posted: 23 January 2017  |  Author: Gherson Immigration  |  Comments (0)
Gherson were contacted by an EU national who is now resident in New Zealand. During an immigration application there it came to light that an INTERPOL Red Notice existed for him that had been issued by the United Arab Emirates. This was the first our client knew of the Red Notice and indeed he had no previous knowledge of the proceedings that led to the Notice being issued. The discovery of the Red Notice placed their immigration status in New Zealand in severe jeopardy. We were instructed... Read more »
Posted: 23 January 2017  |  Author: Gherson Extradition  |  Comments (0)
Since the UK voted to leave the EU in June last year, various discussions have taken place over what the UK's stance on immigration should be following Brexit. On 5 January 2017, CNBC reported that a panel of UK based lawmakers were questioning whether the Canadian approach to immigration might be a solution for Britain. Currently in Canada each of the 10 provincial governments is able to establish individual region-specific quotas for immigrants. The policy requires immigrants to live... Read more »
Posted: 20 January 2017  |  Author: Gherson Immigration  |  Comments (0)
This was the finding in a recent Court of Appeal decision which we consider important in considering refusal decision letters from the Home Office. It is the recent case of SI (India) v Secretary of State for the Home Department [2016] ECWA Civ 1255 heard before Rafferty LJ and Sir Ernest Ryder. This case concerned an Indian national whose application for leave to remain as a Tier 1 (Post Study Work) Migrant was refused for failing to satisfy the maintenance requirement provided for... Read more »
Posted: 19 January 2017  |  Author: Gherson Immigration  |  Comments (0)
The European Parliament's chief negotiator has confirmed that they will offer British citizens the chance to individually opt-in and remain EU citizens. Guy Verhofstadt, who is in charge of negotiating a post-Brexit deal, said the "very important" proposal had "captured the imagination and hopes" of many British people who wished to retain their rights as EU citizens and would be in his negotiation mandate. The right would provide each British citizen individually with an opportunity... Read more »
Posted: 11 January 2017  |  Author: Gherson Immigration  |  Comments (0)
In the matter of MB v SSHD SN/47/2015, an Algerian national, challenged the refusal of his naturalisation application. The case was heard before the Special Immigration Appeals Commission ("SIAC") and two judgments were given, a public judgment and a closed judgment which is not public (the contents of which are not known to this firm). MB's immigration history in the UK spans 24 years and includes first arriving in the UK in 1993 and claiming asylum on the basis of fearing... Read more »
Posted: 09 January 2017  |  Author: Gherson Immigration  |  Comments (0)
There are currently about a dozen immigration removal centres in the UK. Over the past 12 months, around 30,000 people have been detained there, pending a decision on their immigration case. In an attempt to reduce number of migrants staying illegally in this country, the government sometimes resorts to not always appropriate and reasonable measures to prevent those with no valid immigration status from evading detention. Whereas in many cases people with an uncertain status are allowed to remain... Read more »
Posted: 28 December 2016  |  Author: Gherson Immigration  |  Comments (0)
A Chilean national who had been detained in Dubai whilst on a business trip recently contacted us. Our client had been travelling to Dubai from Qatar and on arrival was informed that there was a Red Notice issued in his name by a court in Jordan. Our client had been convicted in his absence and this was the first time he knew about the judgment. The authorities in Dubai detained our client for several days before releasing him on strict bail conditions and confiscating his passport. Our... Read more »
Posted: 23 December 2016  |  Author: Gherson Extradition  |  Comments (0)
Since the recent EU referendum Prime Minister Theresa May has consistently refused to safeguard the right to remain for EU citizens currently residing in the UK. The government has brought to light a potential 1 million EU citizens who are living in the UK and are at risk of losing their right to remain in the UK if a simplified method of establishing an EU citizens legal status in the UK is not introduced. MP Keir Starmer has submitted a demand to Theresa May for the guarantee... Read more »
Posted: 19 December 2016  |  Author: Gherson Immigration  |  Comments (0)
Next week the Supreme Court will hear one of the most important constitutional cases of our generation and will decide on whether the Crown can use its prerogative powers to withdrawal the UK from the EU by giving notice under Article 50 of the Treaty on European Union. All eleven Justices will sit on the panel considering the appeal brought by the Crown. They are appealing the decision of the Divisional Court on the grounds that they erred in their ruling that the Crown has no legal... Read more »
Posted: 09 December 2016  |  Author: Gherson Immigration  |  Comments (0)
UK based human rights organisation Freedom from Torture has released a new report that shows a systemic failure of Asylum caseworkers to correctly implement Home Office policy with regards to assessing Asylum claims where torture is alleged. In ' Proving Torture, Demanding the Impossible: Home Office Mistreatment of Expert Medical Evidence ,' Freedom From Torture reviewed 50 cases where medico-legal reports documenting physical and psychological evidence of torture were provided and... Read more »
Posted: 06 December 2016  |  Author: Gherson Immigration  |  Comments (0)
The Home Office have recently introduced a system for when a Tier 2 and/or 5 sponsor makes a change of circumstances application on the sponsor management system. They will now receive a notification asking them whether they want to use the priority service. This service allows sponsors to apply for a faster consideration of the following change of circumstances requests: Add to their certificate of sponsorship allocation Renew their certificate of sponsorship allocation... Read more »
Posted: 05 December 2016  |  Author: Gherson Immigration  |  Comments (0)
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