All Articles: Enforcement

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

The ‘Hostile Environment Working Group’

This last weekend saw Sarah Teather reveal the mindset of Government towards migration, explaining her frustration at the lack of alternative voices on migration. I have previously written about the need for responsible journalism, but in hindsight th ...

16th July 2013 By

Further judicial warnings on urgent injunction applications

Sir John Thomas has given a further warning to solicitors and barristers acting in urgent injunction applications. The case is R (on the application of Rehman) v Secretary of State for the Home Department [2013] EWHC 1351 (Admin). No names are named ...

23rd May 2013 By

Private landlords as immigration informants

UPDATE: NOW IN FORCE. A few weeks ago David Cameron suggested that private landlords should be required to check the immigration status of tenants. Now, lo and behold, the measure is to be included in a new Immigration Bill announced in the QueenR ...

22nd May 2013 By

No Fire Zone – The Killing Fields of Sri Lanka

As most of you know, Renaissance Chambers has developed expertise in conducting Tamil asylum claims.  The issues involved in these cases have been previously covered on Free Movement here and these include in particular Chambers’ and the NGOs’ ef ...

13th May 2013 By

No Removals to Cyprus

The Court of Appeal in the UK has very recently granted stays preventing the removal of asylum-seekers to Cyprus under Dublin II. The proceedings have been stayed pending the appeal against the judgment in EM (Eritrea) & Ors v SSHD [2012] EWCA Civ ...

28th March 2013 By

Suspension ordered on removal of Tamil asylum seekers

At 2pm today a group of injunction applications for Tamils facing removal to Sri Lanka by charter flight on 28 February 2013 were heard before Mr Justice Wilkie and Upper Tribunal Judge Gleeson. A suspension on the removal of all Tamil failed asylum s ...

27th February 2013 By

UKBA refuse to remove overstayers

In asylum cases it is still referred to as The Legacy, as if it were a second rate Spagetti Western. In immigration cases it has the more prosaic title of the ‘migration refusal pool’. The UK Border Agency’s inspectorate has today [u ...

23rd January 2013 By

Last minute judicial reviews: warning

The President of the Queens Bench Division, Sir John Thomas, has issued a dire warning to solicitors applying for last minute judicial reviews and injunctions in immigration cases. The comments come in the case of R (on the application of Hamid) v Sec ...

14th November 2012 By

News flash on Sri Lanka charter flight

It is Sri Lanka Charter Flight day again today. Just a quick one to say that the UK Border Agency has suddenly withdrawn parts of its new October 2012 Operational Guidance Note (link to old version) on Sri Lanka. Paragraphs 3.3.4 and 13.6 have been ...

23rd October 2012 By

Freedom from Torture: A risk category in itself?

Human Rights Watch and a proxy terror front group -Freedom from Torture, clamored that the flights should be suspended because some ‘ethnic’ Tamils were subjected to cruel treatment in the island nation. This is what the Sri Lankan governm ...

17th September 2012 By

What is the magic number?

How many torture claims from returnees to Sri Lanka are necessary before the UKBA and the Courts decide that the time has come for review? This graph (click link to see further details) attempts to collate the data from recent reports and compare it ...

17th September 2012 By

Charter flight(s): materials in support of claims against removals

Below is a list of materials which can be used in connection/in support of  claims against decisions to remove on the charter flight(s) bound for Sri Lanka next week. The list will be updated as and when relevant materials are published and/or circul ...

15th September 2012 By

Stand-by group for charter flight cases

There are we understand two charter flights bound to Sri Lanka on the 19 and 20 September 2012. If detainees do not have solicitors then contact Janani Jananayagam from TAG [Tamils Against Genocide] who can be contacted on 07801 999130.  She will dir ...

14th September 2012 By

Country Guidance cases reviewed

In the jurisprudential equivalent of Easyjet and Ryanair flights simultaneously arriving at Stansted from Alicante, Malaga AND Lanzarote, a number of important cases have just been deposited in the luggage carousel that is BAILII. School is now out an ...

16th July 2012 By

Exceptional circumstances now more… exceptional

As expected, the obscure but important Chapter 53 of the Enforcement Instructions and Guidance (‘Extenuating Circumstances’) has been amended following on from the scrapping of paragraph 395C of the Immigration Rules. The new text is bas ...

2nd March 2012 By

Tamil returnee claims torture in Sri Lanka

UPDATE: the order made by the Upper Tribunal is now available. A Tamil failed asylum seeker forcibly returned from the United Kingdom to Sri Lanka on 21 February 2012 has claimed that he was tortured on arrival. He was later interviewed by British off ...

27th February 2012 By