Can a foreign national be lawfully detained even though the decision to remove them from the UK is unlawful? Bizarrely, yes. However, a new case from the Court of Appeal suggests that the UK Supreme Court may need to review this state of affairs.
Home Office discriminated against mentally ill detainee in breach of duty to make reasonable adjustments
This Court of Appeal case shows that thinking outside the box and utilising discrimination legislation can help to address gaps in government policy and procedure.
This Court of Appeal judgment affects thousands of international students accused of cheating in English language tests. While it strengthens the right to challenge the Home Office, the fallout is likely to be long-lasting and complicated.
In a significant blow to the Home Office, the Court of Appeal has found that relatives of EEA nationals were wrongly denied the right of appeal to the immigration tribunal. An important step forward for protecting citizens rights in the UK.
A cautious welcome is appropriate to the government’s new documents on #citizensrights of the 3 million EU nationals in the UK. It remains to be seen how the new system will live up to aspirations.
As reported in the Guardian, the UK government admitted to unlawfully detaining hundreds of claimed victims of torture under its new policy, which was supposed to reduce the number of vulnerable persons held in immigration detention.
Lots of you are searching for the ‘7 year rule’: a Home Office concession relating to children who have lived continuously in the UK for 7 years. Here are my top 7 posts on the topic, all in one place.
Bye-bye Sala? Relatives of EEA nationals score victory as Court overturns decision that denied them appeal rights
Exclusive update from Rajiv Sharma of the 36 Group on a major case that has overturned the Upper Tribunal judgment in Sala which denied appeal rights to extended family members of EEA nationals.
Did you know that the Immigration Tribunal can decide on disciplinary charges against rogue legal advisors? (Me neither). But a recent case sheds light on the Tribunal’s powers to disagree with the regulator and decide the matter for itself.
This Judges decisions were so bad that nobody really knows what he is talking about, or if he bothered to read the law or the papers. Upsetting when you think that in some cases, people’s lives depend on the outcome.