All Articles: Enforcement

Inspection report on “hostile environment” finds hundreds wrongly denied services

The Chief Inspector of Borders and Immigration, David Bolt, has published five new inspection reports. The most interesting is on the “hostile environment”, specifically the powers to deny driving licences and bank accounts to migrants unl ...

14th October 2016 By

Home Office imposes illegal working fines of £14 million on small businesses in 3 month period

The Home Office has imposed fines on small businesses for employing illegal workers of over £14 million in just a three month period. The period covered is January to March 2016. The list of businesses targeted by officials appears to include mainly ...

6th September 2016 By

Prosecutions for telling the truth

In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] ...

26th July 2016 By

Which sections of the Immigration Act 2016 are in force with what effect?

The Immigration Act 2016 was signed by Her Majesty the Queen on 12 May 2016. Some sections of the Act came into effect immediately but most sections were dependent on being brought into force by commencement orders at the discretion of the Minister. W ...

14th July 2016 By

Home Office cancels 40% of scheduled removal flights, finds David Bolt

David Bolt, the Chief Inspector of Borders and Immigration, recently published a new report into the effectiveness of services that the Home Office outsources to private contractors, finding that inefficiency and lack of communication contribute to a ...

31st March 2016 By

No right to apply for permission to rent under “right to rent” scheme

The “right to rent” scheme and legislation refers to a mysterious “permission to rent” which can be granted by the Secretary of State, presumably to those who do not otherwise possess the right to rent. Section 21(3) of the Imm ...

11th March 2016 By

Indian student couple detained in dawn raid lose claim for unlawful detention

UPDATE 10/2/16: the judge has withdrawn the judgment. A married Indian couple detained in a dawn raid have lost their claim for unlawful detention. After successfully studying in the UK for some years, Ms Joshi’s latest application ran into ...

9th February 2016 By

Right to rent comes into force today

The Government’s “right to rent” scheme requiring landlords to conduct “papers, please” checks on the immigration status of tenants comes into force today, 1 February 2016. It is hard to think of a worse example of a dis ...

1st February 2016 By

Secretary of State removes appellant then claims appeal abandoned…

Well, this was a bit cheeky. A woman with an outstanding in-country immigration appeal was removed by the Home Office when she should not have been. The Home Office then argued that her appeal had to be treated as abandoned becuase of section 92(8) of ...

29th January 2016 By

Court of Appeal gives judgment on the “deport first, appeal later” regime

The Court of Appeal has given judgment in the test case on the meaning and effect of the “deport first, appeal later” provisions of the Immigration Act 2014. The case is R (On the Application Of Kiarie) v The Secretary of State for the Hom ...

27th October 2015 By

All landlords forced to carry out immigration checks from 1 February 2016

The Home Office today announced that all landlords in England and Wales will be forced to carry out “papers please” right to rent immigration checks on tenants from 1 February 2016. This is despite the Home Office’s own research, als ...

20th October 2015 By

The Hostile Environment: my presentation at JUSTICE annual human rights conference

I gave a 25 minute presentation on the Immigration Act 2014 and new Immigration Bill at the JUSTICE annual human rights conference yesterday. As an experiment, I tried recording myself and have combined the audio with the slides. Enjoy. Or not. I have ...

13th October 2015 By

Part 6 of the Immigration Bill

The second reading of the Immigration Bill in the House of Commons is today. We have seen how even more appeals will be out of country under its regime, and the greater powers given to immigration officers under Part 3. Part 6 – including Schedules ...

13th October 2015 By

Part 3 of the 2015 Immigration Bill – enforcement

Part 3 of the Immigration Bill gives a host of new, wide powers to immigration officers. A person with leave to enter arrives in at the airport. Schedule 19(1) and (2) – the first section of Part 3 – gives immigration officers the power to cur ...

1st October 2015 By

The Immigration Bill 2015

The Immigration Bill 2015 was published on 17 September 2015. For now, this post provides links to further reading and resources on the Bill and also some commentary on the appeals sections, which are of the most direct interest to immigration lawyer ...

18th September 2015 By

Notice period doubled from next spring for all marriages and civil partnerships

It has been announced today by Minister for Security and Immigration James Broken-shire that Part 4 of the Immigration Act 2014 is to be brought into full effect on 2 March 2015. This amends the procedure for marriage and civil partnership for everyon ...

24th November 2014 By

Pursuing compensation from the Home Office

The Home Office often makes mistakes when exercising its immigration powers. The high appeal success rates bear testimony to this: as many as 50% of some categories of appeal are allowed. However, there are only some limited circumstances where it is ...

18th November 2014 By

Iraq, Islamic state & indiscriminate violence

In HM and others (Article 15(c)) Iraq CG [2012] UKUT 00409(IAC) (“HM2”) the Upper Tribunal speculated: …we consider that so far as Article 15(c) is concerned the most likely development is that the levels of violence will either continue to ...

1st September 2014 By

Immigration Act 2014: removals and nationality provisions

This post is a brief summary of the removals and nationality provisions of the Immigration Act 2014, and is accompanied by an audio extract from a seminar given by Colin Yeo, Sadat Sayeed, Mark Symes and I at Garden Court Chambers on 13 August 2014, a ...

18th August 2014 By

Yashika Bageerathi and the Family Returns Process

The story of Yashika Bageerathi has touched many. A bright student brought to the UK by her mother with her siblings to escape domestic violence at home in Mauritius, she has a promising future here if allowed to remain. Because she has turned 18 and ...

30th March 2014 By

Removals process revealed to be a shambles

The Chief Inspector of Borders and Immigration has just published a damning report looking at the removals process at the Home Office. That the Home Office is not effective in conducting removals is hardly news to those of us who work in immigration l ...

26th March 2014 By

Disproportionate force and offensive language used in removals

A new official report on Monitoring Places of Detention by an independent governmental monitoring body raises serious concerns about the immigration enforcement process. The private security contractors responsible are criticised for disproportionate ...

14th March 2014 By

Removals to Mogadishu are re-starting

The Home Office have started giving directions for the removal of failed asylum seekers to Mogadishu on Turkish Airline flights via Istanbul. Anyone given such removal directions might ask the Home Office to reconsider whether they risk violating thei ...

21st February 2014 By

Congolese torture memo emerges

We know from history that organised and persecutory regimes do document their own human rights abuses. Unusual to see such documents emerge while current, though. ...

18th February 2014 By

The Importance Of Being Genuine

Around 3,000 couples in England and Wales will tie the knot tomorrow (Saturday 15 February). According to a Home Office guestimate between 48 and 123 of these marriages will be ‘sham’, which is to say they will not be ‘genuine and subsisting’ ...

14th February 2014 By

Criminals deported to DRC are at risk says High Court

In R (on the application of P (DRC) v Secretary of State for the Home Department [2013] EWHC 3879 (Admin), handed down on 9 December 2013, Mr Justice Philips held that P would be at risk of treatment in breach of Article 3 of the ECHR if deported to t ...

10th December 2013 By

‘Officers 1 Immigrants 0’: The mob mentality of the Immigration Bill

I want to persuade you that our first task when faced with a social evil like the Immigration Bill is not to just to condemn but to understand it.  I say that because those who fail to grasp the deeper motives driving this legislation will underestim ...

29th October 2013 By

Spirited away

The harsh reality of immigration law enforcement is dramatically exposed by the facts of the case of R (on the application of Shaw & Anor) v Secretary of State for the Home Department [2013] EWHC 42 (Admin). In this case a Jamaican woman and her f ...

18th October 2013 By

Getting an appealable removal decision

Many migrants and their families get caught in a situation where they apply to the Home Office for permission to stay, are rejected but then are unable to appeal the decision to the immigration tribunal. This has long been a problem (‘Refusal wi ...

23rd September 2013 By

Immigration detention: what is the point?

The horrific news of sexual abuse by private security contractors at Yarlswood, the female-only immigration detention centre near Bedford, is awful and shocking. It is very far from the first time that problems or outright abuse at Yarlswood has been ...

16th September 2013 By

Residential Landlords’ Association consultation response

There is no doubt that should the proposals be implemented then they will lead to unintended, but increased, discrimination against migrants, with some landlords refusing to house migrants for fear of falling foul of the new rules. ...

28th August 2013 By

Are the UK’s mass deportation charter flights lawful?

The London-based research group Corporate Watch has just published a 20-page briefing examining the lawfulness the UK’s mass deportation charter flights. Part of a forthcoming report by Corporate Watch and the campaign group Stop Deportations, i ...

29th July 2013 By