kxbarristers

kxbarristers

This author kxbarristers has created 15 entries.

New Rules for EU Migrants in UK Announced

For the first time in decades, the government has inserted provisions for EU nationals to apply for leave to remain in the UK under domestic immigration law. Appendix EU was added to the Immigration Rules on 28th August 2018 and lays out the requirements for EU nationals to apply for status in the UK following the country’s departure from the EU.

However, the full application process is not open just yet. The new provisions are being tested in a pilot scheme in hospitals and universities in the North West of England. For now,

Home Office is “still falling short” in evaluating LGBTQI asylum claims

The UK Lesbian and Gay Immigration Group (UKLGIG) is an independent organisation established in 2003 that ensures “dignity and equality in the asylum process for LGBTQI+ asylum seekers”.

In a report, titled ‘Still Falling Short: The standard of Home Office decision making in asylum claims based on sexual orientation and gender identity’ the group has identified, on the basis of reviewing 48 substantive asylum interviews and Home Office refusal letters for claimants from 25 countries dating between March 2015 and December 2017, as well as 32 decisions of the First-tier Tribunal made since March 2015, several lingering problems with the way in which the Home Office administers asylum claims made on the basis of a fear of persecution owing to a person’s sexuality or gender identity.

MI (Palestine) in the Court of Appeal : Country Guidance in Article 3 Asylum and Protection Claims

The Court of Appeal last week gave an important judgment in the case of MI (Palestine) v SSHD [2018] EWCA Civ 1782 that clarifies and confirms the test for claims made for asylum or humanitarian protection on the basis of Article 3 in situations where it is arguable that poor country conditions are the result of the “direct or indirect actions of parties to the conflict.” Previous caselaw that applied this test successfully to Somalia has now potentially been extended to Gaza also.

 The test as clarified by MI (Palestine)

In this case,

Reported decision in Anna Baskakova V the Secretary of State for the Home Office – EA/06148/2016

The Upper Tribunal (Asylum and Immigration Chamber) has reported its determination in the case of the Appellant Anna Baskakova and the Respondent, The Secretary of State for the Home Department.

 

The Appellant was born in April 1984 and is a national of Russia. The Appellant was issued with entry clearance to the United Kingdom on the 10 December 2009 and subsequently granted an EEA Residence Card as a family member of an EEA national on the 6 October 2010.

 

An application for EEA Residence Card reflecting permanent residence was refused in May 2013 with a further application made on the same basis refused on 20 October 2015.

Reported decision in Yussuf (meaning of “liable to deportation”) [2018] UKUT 00117 (IAC)

 

The Upper Tribunal (Asylum and Immigration Chamber) has reported its determination in the case of Yussuf (meaning of “liable to deportation”) [2018] UKUT 00117 (IAC)

The Appellant, who entered the United Kingdom in January 2004 and claimed asylum as a citizen of Somalia. The Appellant appealed against the Respondent’s decision to refuse his asylum claim and as a result of the appeal, the Appellant was granted refugee status and leave to remain on October 2004.

The Appellant committed a number of criminal offences in the United Kingdom and was convicted of attempted wounding and sentenced to two years’ imprisonment.

Reported decision in Williams (scope of “liable to deportation”) [2018] UKUT 00116 (IAC)

The Upper Tribunal (Asylum and Immigration Chamber) has reported its determination in the case of the Appellant Michael Abayomi Williams and the Respondent, the Secretary of State for the Home Department.

The Appellant was born in Nigeria and has three children who are British Citizens. The Appellant was considered to pose a low risk of re-offending despite having criminal convictions. Most recently, the Appellant was sentenced to a term of 21 months imprisonment for conspiracy to make false representations in July 2012.

The Secretary of State notified the Appellant in November 2012 of his liability to deportation.

Our barrister, Ousman Noor wins an unlawful detention claim in the High Court

Acting pro bono, our director Mr Ousman Noor recently won an unlawful detention claim at the high court for a client who was unlawfully held in detention. The court ruled that the client, Mr Enoch Ilori, a Nigerian National was unlawfully detained and is entitled to compensatory damages. Mr Noor has also secured a pro bono costs order, payable by the Home Office which will go to the Access to Justice Foundation.

Recognising this achievement, The Bar Council recently wrote an article on the 11 January regarding the case, to read the full article please see here

Described as the most important case of his career by Mr Noor who represented Mr Ilori,

Injustice in Immigration Detention

A new report commissioned by the Bar Council regarding immigration detention, demonstrates that the system operates in a wholly unfair way. In the last 3 years, an average of 30,000 people have been detained each year under immigration detention. This is often from poor decision-making and lack of accountability from the Home Office.

The detainees are being held in detention centres which are built to category 3 prison conditions, in inhumane and degrading situations. The statutory framework to manage detention is flawed and there are inadequate routes to challenge the decision to detain.  Many detainees develop mental health and physical health issues during their time in detention.

Immigrations Minister pledges ‘swift’ processing of EU Citizens’ status

The Minister of Immigration, Brandon Lewis has confirmed that EU nationals applying for settled status (during the Brexit transition) will not have to wait for months for their registration to be complete. All EU applications will be dealt with in a matter of weeks, and the process will be straightforward using an online portal system, similar to that used to renew driving licences. Registration is due to start in the second half of next year.

Settled status will be available to EU nationals who have lived lawfully in the UK for five continuous years. A formal application will have to be made and approved by UKVI for EU nationals to attain settled status in the UK.

Legal Aid cuts to come under review

The government has announced its long-awaited review of LASPO (the Legal Aid, Sentencing and Punishment of Offenders Act 2012).

The legal aid cuts were among the most controversial changes made by the government, forcing the Government to agree to the post-implementation analysis. The cuts removed advice and assistance from almost all social welfare cases including benefits, employment, housing (except homelessness), immigration (except asylum) and family (except in cases of domestic violence).

Announcing the review, Lidington said: “Our legal aid system is a fundamental pillar of access to justice, accounting for more than a fifth of the Ministry of Justice’s budget.

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