All Articles: Enforcement

What the Home Office is (finally) doing for the Windrush generation

Last week the story of the “Windrush generation” — Caribbean Commonwealth citizens being hassled for papers after being in the UK for 40 or 50 years — finally bubbled over. Dogged reporting by Amelia Gentleman of the Guardian ...

25th April 2018 By

Legal aid would have prevented the Windrush scandal

As explained in our detailed piece on the plight of long-resident Commonwealth citizens, free legal advice used to be available for those making immigration applications. Before it was scrapped in April 2013, this legal help was available to the ̶ ...

17th April 2018 By

Windrush children: why Commonwealth citizens are being denied immigration status

Several cases have come to light in recent weeks and months of the treatment of Commonwealth citizens who arrived in the UK in the 1950s and 1960s. Unable to provide evidence of their right to reside in the UK, these legal immigrants are losing jobs, ...

13th April 2018 By

Immigration inspector: Right to Rent scheme not being properly monitored or evaluated

Government measures aimed at stopping irregular migrants from renting a home are not being properly evaluated, the Independent Chief Inspector of Borders and Immigration has found. The controversial Right to Rent scheme is “yet to demonstrate it ...

28th March 2018 By

Immigration officers do not need to comply with PACE during enforcement raids, says Upper Tribunal

In the recently reported case of Elsakhawy (immigration officers: PACE) [2018] UKUT 86 (IAC), the Upper Tribunal dismissed an appeal concerning the applicability of the Police and Criminal Evidence Act 1984 (PACE) to immigration officers exercising po ...

27th March 2018 By

Marriages of convenience and immigration controls: a dangerous path

Part 4 of the Immigration Act 2014 introduced a referral and investigation scheme for proposed marriages and civil partnerships involving a non-EEA national who could gain an immigration advantage from their nuptials. Under this scheme, register offic ...

28th February 2018 By

MPs’ report scathing on Home Office capacity to cope with Brexit

The Home Affairs Committee of MPs today published its report on whether or not the Home Office has the capacity to deliver effective immigration services once the UK leaves the European Union next March. No, is the short answer. Not a lot of love from ...

14th February 2018 By

Sponsor guidance protects college from unlawful Home Office sanctions

In the High Court last month, Mrs Justice Moulder found that the Home Office had gathered partly unreliable intelligence in the course of an investigation into a college, breaching its right to peaceful enjoyment of its Tier 4 sponsor licence under Ar ...

31st January 2018 By

Proving that immigration officers have used excessive force

Shittu v The Home Office [2017] EWCA Civ 1748 is a sad case which illustrates how difficult it is to bring legal challenges against the Home Office for using excessive force against migrants during the removal process. Civil claims against the Secret ...

19th December 2017 By

NGO victory: Home Office policy on EU rough sleepers found unlawful

The High Court decided today that the Home Office’s policy of detaining and deporting rough sleepers from EU countries is unlawful. The case is R (Gureckis) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin), a judicial rev ...

14th December 2017 By

New statement of changes to the Immigration Rules: HC309

A Statement of Changes in Immigration Rules HC309 was laid yesterday, 7 December 2017. This note does not aim at detailing all the changes, instead just highlighting the most significant ones. Except where otherwise indicated, these changes will come ...

8th December 2017 By

The Immigration Act 2014 and the law of unintended consequences

Legislation meant to make life tougher for immigrant families accessing services may instead have brought some small relief. R (U and U) v Milton Keynes Council [2017] EWHC 3050 (Admin) was an application to judicially review Milton Keynes’ decisio ...

7th December 2017 By

British organs for British residents

The current Prime Minister coined the term “hostile environment” when she was in charge at the Home Office. It is easy to forget that these measures, aimed at making life intolerable for immigrants without status, began during the last Lab ...

27th November 2017 By

The “hostile environment” seeps into criminal trials: defendants must state nationality or face prison

From this week, defendants in the criminal courts must state their nationality. Anyone who fails to do so can be jailed for up to a year. The Criminal Procedure (Amendment No. 4) Rules 2017 (2017 No. 915 (L. 13)) came into force on 13 November 2017. ...

17th November 2017 By

Prosecutions for telling the truth: part deux, with added Hardial Singh

Last year the High Court in JM (Zimbabwe) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin) made a declaration that “the Defendant may not lawfully require the Claimant, under section 35 of the [Asylum and Immigration (Treatment ...

7th November 2017 By

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 ...

2nd November 2017 By

Tier 2 sponsor licence revocation challenge fails in High Court

Sivayogam is a religious charity, serving Hindu and Tamil communities in London. Finding priests in the UK and Europe had proven difficult so, in 2009, it applied for registration as a Tier 2 sponsor, allowing the organisation to bring in religious wo ...

31st October 2017 By

What to do if the Home Office closes your current account

Measures requiring banks to check on the immigration status of existing account holders come into force today. To celebrate, the Home Office has published some brief guidance for those who, as “disqualified persons”, find their current acc ...

30th October 2017 By

What are the terms of the immigration “amnesty” for survivors of the Grenfell Tower disaster?

The Home Office has revised its policy on the immigration “amnesty” for survivors of the Grenfell Tower fire. In short, the government was offering a grant (or extension) of 12 months leave to enter or remain, with access to public funds include ...

11th October 2017 By

Hostile environment: banks forced to check 70 million accounts

Banks and building societies are to carry out immigration checks on a reported 70 million bank accounts in accordance with the Immigration Act 2016, amending the Immigration Act 2014. The provision ordering this will come into force on 30 October 20 ...

26th September 2017 By

£48,000 damages awarded to torture survivor for injuries suffered during deportation attempt

Following a seven-day hearing in the High Court, Mr Felix Wamala, a Ugandan national, was awarded £48,000 in damages for the actions of private security guards contracted by the Home Office in seeking to remove him from the UK. This is the case of W ...

17th July 2017 By

Independent Monitoring Board release critical report on charter flight removals

The Independent Monitoring Board (IMB) has published its annual review of the treatment of returnees during charter flights. It reported four headline concerns: firstly, that force and restraint had been used without due checks and for too long; secon ...

10th July 2017 By

The hostile environment: what is it and who does it affect?

What is the hostile environment? The “hostile environment” for migrants is a package of measures designed to make life so difficult for individuals without permission to remain that they will not seek to enter the UK to begin with or if a ...

29th May 2017 By

INTERPOL “wanted” alerts: using them as evidence and making them go away

This post discusses issues arising for asylum practitioners from INTERPOL “wanted person” notices. The key points are (i) you can find out, possibly quite quickly, if there is such a notice in place, which in the affirmative may help to establish ...

10th May 2017 By

Home Office belatedly issues guidance on Operation Nexus

Operation Nexus was officially launched in November 2012, a law enforcement initiative aimed at deporting more ‘high harm’ foreign nationals. It has been criticised on many occasions for its opacity, and the lack of any publicly available policies ...

24th April 2017 By

Student accused of ETS fraud found to have been unlawfully detained

In R (on the application of Iqbal) v Secretary of State for the Home Department [2017] EWHC 79 (Admin) the Secretary of State for the Home Department (SSHD) was found to have unlawfully detained a claimant whom they had alleged had fraudulently obtai ...

15th March 2017 By

The case of Irene Clennell and the rules on returning residents with ILR

One one level the case of Irene Clennell is shocking. She was previously settled in the UK with Indefinite Leave to Remain (ILR) and has recently been the main carer for her sick British husband, John, and she has two British sons and a British g ...

27th February 2017 By
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