Archives For News

Banksy immigration mural

So Banksy’s new immigration themed mural in Clacton — where Douglas Carswell has resigned as Conservative MP to stand in a by election for UKIP — has been destroyed by the local council before anyone else even knew it was there on the grounds that it was “offensive” and “racist”.

Stop the world, I want to get off now please.

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It tickles me that UKIP plan to scrap the EU agreement that permits the UK to return asylum seekers to other EU countries without considering their asylum claim. As it stands, this EU agreement, often referred to as the Dublin Convention or Dublin Regulation (not Treaty as UKIP seem to think), substantially reduces the number of asylum claims made in the UK. UKIP’s proposal is therefore perhaps the perfect example of a policy that would have the opposite effect to that intended.

It is also an ideal illustration of the problems with reciprocity the UK would face if seeking to withdraw from the European Union. Continue Reading…

National Front march
“It is noted that your former partner was born and raised in Jamaica. It is therefore considered that the children you have with her have Jamaican heritage and there would be nothing unduly harsh about them being raised within their own inherited culture.”Home Office civil servant, August 2014

I’ve left out the names. There were two children and both were born in Britain as British citizens. They can “go home” where they belong, though, as far as this civil servant is concerned.

Continue Reading…

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The government has issued guidance on how section 65 of the Immigration Act 2014 will be applied. Section 65 fills the gap for children of British Citizen fathers born before 2006 whose parents were/are not married.

The provisions will create a registration route for:

  • Those who would have become British citizens automatically under the 1981 Act provisions had their parents been married
  • Those who would currently have an entitlement to registration under the 1981 Act but for the fact that their parents are not married.

The guidance includes the standard requirements for proving paternity- named on the birth certificate within one year of birth or “other evidence” including DNA, Court orders or “other evidence that shows paternity”.

Section 65 has not yet been commenced. We are told this is because

The 2014 Act is being implemented in phases to ensure the provisions are brought into force in an orderly and effective manner.


Want to know more about the Act? Buy Colin’s ebook on the Immigration Act 2014:

£9.99 – Immigration Act ebook Includes 20% tax

Upper Tribunal immigration judge recruitment drive

So the Judicial Appointments Commission is seeking to recruit “up to 20″ fee paid Deputy Judges of the Upper Tribunal, Immigration and Asylum Chamber and six salaried Judges of the Upper Tribunal, Immigration and Asylum Chamber. The former are paid £595 per day for up to 30 days per year. The latter are paid £130,875.

Applications close noon 30 September 2014 if you are interested!

It seems all but certain that statutory appeal rights are to be curtailed from October 2014, and these new judges should be available as the corresponding increase in judicial review applications starts to take effect.

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Coming back from my break and looking through various updates, I was struck by a series of articles on citizenship and nationality laws in the event of Scottish independence following the vote this Thursday. Some of these seem to me fundamentally to misunderstand the independence process as it is likely to operate. Citizens of a newly independent Scotland would not generally retain British citizenship: that is the whole point of independence, after all. However, some Scots would qualify for dual citizenship of the new Scotland and the remainder or rest of the UK (‘rUK’).

In an article by Nick Barber appearing on the UK Constitutional Law Association blog and on the Scottish Constitutional Futures Forum it is suggested that Scots would be forced by rUK to make a choice between citizenship of rUK and citizenship of the new Scotland, and that dual citizenship would not be available. This seems to me to be extremely unlikely and to be based on a fundamental misunderstanding.

Continue Reading…

Float list

Want to know what it was like stuck on the float list at Hatton Cross today? Read Emily Dugan’s excellent write up in The Independent. We weren’t the only ones. Several cases were adjourned off to future dates, including cases in which my Garden Court colleagues Taimour Lay and Peter Jorro were instructed. Huge waste of time and very expensive for our privately paying clients.

UPDATE: see also Grey and hopeless: The grim reality of immigration tribunals by Ian Dunt, who was also with us.