Court of Appeal upholds deportation of rapist with permanent residence

The Court of Appeal has dismissed the appeal against deportation of a man with permanent residence in Kamki v Secretary of State for the Home Department [2017] EWCA Civ 1715. Mr Kamki had been seeking to prevent his removal to Cameroon following imprisonment for rape. UK residence and criminal conviction A Cameroon national, Mr Kamki moved to the UK exercising EU free movement rights to join his wife, a Spanish citizen (using the Surinder Singh immigration route). He obtained a permanent residence card in August 2010, but subsequently separated from his wife. In October 2011 Mr Kamki held a house party, during which he sexually assaulted and raped a woman. Mr…

10th November 2017 By Clare Duffy

Hostile environment backfiring on the Home Office, Chief Inspector finds

The hostile environment policy is making it more difficult for the Home Office to keep track of foreign national offenders and could even push up crime, the Independent Chief Inspector of Borders and Immigration has said. David Bolt’s inspection of the Home Office’s management of non-detained foreign national offenders reports that in line with the idea of a ‘hostile environment’, many FNOs were not receiving any assistance with somewhere to live. As a result, the Home Office did not have a fixed address for some FNOs at the point they were released. The hostile environment is a package of measures, such as limiting access to housing and healthcare, designed to make…

2nd November 2017 By Conor James McKinney

Strasbourg approves deportation of Nigerian drug dealer

Ndidi v the United Kingdom (Application no. 41215/14) had the beginnings of a tabloid splash. A Nigerian national convicted of drug dealing, who had lived in the UK since the age of two, sought to block his deportation by recourse to foreign judges. The European Court of Human Rights disappointed would-be headline writers by approving the Secretary of State’s decision to deport Ifeanyi Chukwu Ndidi due to his long and escalating history of criminality. Crimes and deportation order Mr Ndidi entered the UK with his family just before his second birthday. He first got in trouble with the law when he was 12 years old, and continued to be throughout his teenage…

31st October 2017 By Clare Duffy

AG: permanent residence needed before ‘enhanced protection’ kicks in

Today saw the release of the Advocate General’s Opinion in the Court of Justice of the European Union (CJEU) joined cases of B v Land Baden-Württemberg C-316/16 and Secretary of State for the Home Department v Franco Vomero C-424/16. The issue in these cases concerns the entitlement of European citizens to the ‘enhanced’ level of protection against deportation when they have committed crimes. Where an individual is entitled to such a level of protection – broadly attained following ten years’ residence in a European country – the member state must show that there exist imperative grounds of public security to justify their expulsion. For a detailed look at the law…

24th October 2017 By Nick Nason

CJEU on registration certificates and exclusion orders: implications for practice

Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was sentenced by a Greek criminal court in 2011. Exclusion order and return Article 27 of Directive 2004/38 states that EU member states may limit free movement of EU citizens on grounds of public security, public policy, or public health. Accordingly, the Greek government ordered Mr Petrea’s return to Romania on 30 October 2011. His name was entered into the list of “undesirable aliens” – barring him from entry to Greece until 30 October 2018. Mr Petrea had been informed, in writing and in a language…

5th October 2017 By Paul Erdunast

Serge Aurier and visas for footballers after Brexit

What are the immigration rules for footballers from outside the EU? And what rules will apply to footballer transfers from abroad after Brexit? Here we look at the immigration aspects of football transfers using the recent successful but fraught transfer of Serge Aurier from Paris Saint-Germain to Tottenham Hotspur. Aurier is a particularly useful case study for two reasons. Firstly, he is a non-EU national, so he requires a visa to enter and work in the UK. After Brexit, the default position – unless some sort of special exception is made – is that these rules will apply to all footballers, so Aurier is doubly useful in that sense. Secondly, there…

7th September 2017 By Paul Erdunast

Sir David Metcalf named as the first Director of Labour Market Enforcement

Sir David Metcalf has today (5 January 2017) been named as the first Director of Labour Market Enforcement to oversee a government crackdown on exploitation in the workplace. Sir David, who was chairman of the Migration Advisory Committee until August 2016, will set the strategic priorities for the: Gangmasters and Labour Abuse Authority Employment Agency Standards Inspectorate HMRC’s National Minimum Wage enforcement team The appointment follows the commencement on 25 November 2016 of labour market enforcement undertakings and orders under the Immigration Act 2016, which can ultimately lead to criminal prosecutions and prison sentences of up to 2 years for businesses which mistreat their workers. For more details on how these…

5th January 2017 By Colin Yeo

Immigration Offences: Trends in Legislation and Criminal and Civil Enforcement

Really interesting from Migration Observatory on trends in immigration criminal and civil penalty enforcement. It came out a few weeks ago but it has taken me until now to look at it properly (there’s a LOT going on at the moment!). From the key points summary: From 1999 to 2016, British immigration law has added 89 new types of immigration offences, compared with only 70 that were introduced between 1905 and 1998. Since the mid-2000s prosecutions and convictions of immigration offenders have decreased in magistrates courts and increased in crown courts. The majority of enforcement action against third parties and migrants has been undertaken through civil penalties and removals rather…

17th November 2016 By Colin Yeo

Official guidance on foreign witnesses required to give evidence at a trial in the UK

Interesting: This page tells you about law enforcement agencies (LEAs) making requests to the Home Office to allow a foreign national to enter or remain in the UK to give evidence at a trial. Due to the international element of serious and organised crime, there are certain foreign nationals whose entry to, or deferral of removal from, the United Kingdom is of interest to UK LEAs. Most will be witnesses for the Crown in criminal prosecutions (although some may be witnesses for the defence), or involved in a covert policing operation. Source: Foreign witnesses – Publications – GOV.UK

12th February 2016 By Colin Yeo

New Law Society practice note: Statutory defences available to asylum seekers charged with document offences

On 10 December 2015, just very shortly before the referral of two solicitors to the Solicitor Regulation Authority by the Court of Appeal in Re Shabani [2015] EWCA Crim 1924 (22 July 2015 but only published late in 2015), the Law Society issued a new practice note on Statutory defences available to asylum seekers charged with document offences. It is aimed at criminal practitioners: This practice note is for criminal defence practitioners representing clients who have been charged, or may be charged, with document offences relating to their entry into the UK or their failure to have with them an immigration document at a leave or asylum interview. Let us…

5th January 2016 By Colin Yeo