Tag: Human rights
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.
Every child matters: free resources for lawyers on children’s rights in UK immigration cases
Here are 3 presentations from barristers at the 36 Group focusing on children’s rights in immigration and family law, following our popular event on 29 March. Enjoy!
“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.
Parents’ immigration history is relevant to whether it’s reasonable to remove settled children from the UK
Senior judges have found (yet again) that children can be punished for the sins of their parents, giving a green-light to the Home Office to remove families from the UK (even if they have not committed any crime).
How to use statistics and dental x-rays in age assessment disputes?
The Upper Tribunal has given guidance on the correct approach to statistical evidence in the context of dental x-rays in age assessment disputes.
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.
Rights of the Child: a 36 Immigration forum
“Every child matters”: but in immigration law, some children matter more than others. Join us for a lively discussion of the major legal developments on child rights in the immigration context followed by food and drink.
Minimum income requirements for spousal visas are lawful, but breach duty to safeguard children – says UK Supreme Court
For families divided by Home Office income requirements, this latest case on the human right to family life offers mixed results. While the main challenge to the Rules failed, parts of the policy were heavily criticised.
Couple stranded at Heathrow airport win claim for unlawful detention
The Home Office accused Mr Iqbal of cheating in his English language test. They cancelled his visa and detained him and his wife. The High Court has now found that the Home Office had failed to prove he cheated and had detained him unlawfully.