News

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.

Government loses court case on asylum seeker detention

Seven victims of torture won a case against the Home Office over a policy which saw Asylum seekers fleeing persecution wrongly locked up in immigration detention centres across the UK.

They argued a government policy named “Adults at Risk” which was introduced in September 2016 defined torture too narrowly, meaning many vulnerable people were imprisoned despite doctors submitting evidence of torture and ill-treatment to the Home Office.

The judge ruled that the policy “lacked a rational or evidence basis” and that it “excludes certain individuals, whose experiences of the infliction of severe pain and suffering may indeed make them particularly vulnerable to harm in detention.”

The home office will now have to review 340 cases of detainees that have been persecuted but did not meet the new torture definition.

Ousman Noor starts access to justice project with SOAS; Uni of London.

Ousman Noor’s previous project, the Habeas Corpus Project, which provided free representation for Asylum Seekers and Migrants, was unfortunately dissolved in December 2016 due to lack of funding.  The project which was founded in July 2004 by Ousman, has helped over 200 Detainees with legal assistance and 37 were released.

Mr Noor has now taken on a new role as a teaching fellow, teaching Immigration and Asylum Law to students studying Law and Human Rights at SOAS. As part of the module, Mr Noor has implemented a practical project funded by SOAS which supports students in helping detainees make applications for funding from the Legal Aid Agency.

Company Fined £400k for Making 100 Million Nuisance Calls

A company was fined a record £400,000 by the Information Commissioner’s Office (ICO) in May 2017 after making nearly 100 million nuisance calls. The company repeatedly called individuals over an 18 month period with speculative enquiries about road traffic accidents and PPI compensation claims. The company withheld its identity throughout such calls and called during late and unsociable hours, often calling the same individual multiple times.

 

The company is Keurboom Communications Ltd, based in Bedfordshire. The ICO received over 1000 complaints leading to the company being prosecuted in the Luton Magistrates Court. The ICO followed the prosecution with its record fine.