The Respondent does not accept the tribunal can reach its own conclusions about a [deportation] case.
The Home Office have updated their Chapter 13 Immigration Directorate Instruction guidance on deportation cases. It makes interesting reading for anyone interested in immigration law or human rights but it is essential reading for lawyers representing people in deportation cases. It not only gives insight into the approach of the Home Office, it also tells us about the evidence that is necessary in deportation cases in order to avoid an appeal where people do meet the stringent rules.
It discloses some interesting possible arguments about the scheme of the statutory considerations on human rights and includes some really quite astonishing propositions even by Home Office standards.
For supporters of the No Borders movement, it is an article of faith that borders are an unnecessary interference with human freedom and human nature. Borders by their nature separate people, break up families, hold back economic and cultural development and discriminate between otherwise equal humans on the basis of artificial nationality laws. These fake frontiers and their checkpoints are intended to discourage free movement, marking like scent the territory of a particular set of politicians.
Given my experience on the float list at Hatton Cross this week, this successful complaint to the Parliamentary and Health Ombudsman makes very interesting reading. An award of £3,600 plus interest for legal costs and £100 for inconvenience was made to a lady whose hearing was cancelled the day before by the court. Waiting around all day only for it later to be cancelled is surely worse, particularly if a load of witnesses and supporters are also put to the same inconvenience?
Also interesting is the prospect of successful compensation from the Home Office where a decision is withdrawn at the last minute but the evidence was served in good time in compliance with directions or where the withdrawal does not relate to new evidence but some other error, such as considering the case under the wrong rule. I have in the past and continue to strongly recommend a complaint to the Ombudsman in these circumstances. The process is explained here. It is necessary to complain to the public authority concerned first and then get the complaint referred to the Ombudsman through a Member of Parliament.
Full text of complaint outcome below for convenience. Continue Reading…
You are giving me your testimony and I will hold it for you and I will honour it and I will bear witness to what has happened to you.
From 28 July 2014, the commencement of provisions of the Immigration Act 2014 gives the Secretary of State new powers of certification that will oust “in-country” rights of appeal for foreign criminals. She may do so in any case where she thinks removal would be consistent with the Human Rights Act 1998 and in particular where there is no real risk of serious irreversible harm faced by the deportee (section 94B of the amended Nationality Immigration and Asylum Act 2002).
Kent Law Clinic has published a new report, How Children Become Failed Asylum Seekers, which needs to be read by anyone representing children in asylum cases. Taking the files of 25 “failed asylum seekers” who had arrived in Kent as children, they reviewed the decision making process of the Home Office, the legal representation and the Tribunal’s consideration of any appeal in each case, as well as seeking to identify any further legal action which could be taken.
The research team found that the majority of the young people had been refused on credibility or plausibility grounds, but that many of those findings arose out of processes which have now been disallowed. Continue Reading…
The most devastating aspect of the Immigration Act 2014 (“2014 Act”) is the brutal scything of appeal rights. The Government has triumphantly declared that it has reduced the number of appeal rights from 17 (the number of immigration decisions in s.82 NIAA 2002 as it stands, plus s.83 & 83A appeal rights) to just three. Continue Reading…