Tag: Deportation
The UK government deported +1,000 people in breach of their human rights. Here’s why.
The UK Supreme Court has found the government’s “deport now, appeal later” policy is in breach of human rights law. Here is a detailed analysis.
Amber Rudd unlawfully detained & failed to deport notorious fraudster James Ibori
The Home Secretary misused her powers to try and keep Mr Ibori in detention, rather than focusing on deporting him to Nigeria, the High Court has found.
“Deport now, appeal later” or start again? Guidance on fresh claims and s.94B certifications in immigration judicial reviews
Home Office powers to cut the number of appeals against immigration refusals have enabled a boom in judicial reviews and fresh claims. That trend is likely to continue following new guidance from the Upper Tribunal.
No such thing as an average case where children are concerned, says Court of Appeal
There is a growing judicial consensus that the demanding test for serious offenders to resist deportation on grounds of family life ought to be applied with some flexibility.
UPDATE: Home Office delay of 9 years ‘critical’ in deportation appeal
Severe delays are not uncommon in immigration and asylum cases, as many applicants discover to their dismay. Here, Home Office inertia was a key reason why a woman’s deportation became unlawful.
No duty on Secretary of State to keep making deportation orders after revocation
The law on automatic removal of “foreign criminals” from the UK imposes no duty on Secretary of State to keep making deportation orders after a revocation decision.
Ordinary family ties won’t stop deportation of “foreign criminals”, finds Court of Appeal
The Court of Appeal has asserted the relevance of the Immigration Rules in Article 8 appeals against deportation orders, taking a fine tooth-comb to Tribunal decisions that don’t attach sufficient weight to the Rules.
UK Supreme Court rules on Article 8 in deportation appeals
Whether deportation of a “foreign criminal” infringes a person’s right to family and private life in the UK cannot be assessed only through the prism of the Immigration Rules. However, Judges must give considerable weight to the Rules, according to the Supreme Court cases of Ali and Makhlouf.
How should Judges weigh the public interest in applications to revoke a deportation order?
Non-UK nationals who commit serious criminal offences are subject to automatic deportation. The Secretary of State must make a deportation order […]
Asylum seekers don’t ‘play the system’: the system has crashed.
Immigration is a gift to every jaded journalist in post-factual Brexit Britain. Take some meaningless Home Office statistics from 2004 to […]