Key posts on human rights

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Policy on fee waivers for entry clearance is unlawful, government concedes

In another blow for the Home Office on visa application fees, the department has been forced to concede that its policy on fee waivers for entry clearance applications is unlawful.  Fee waiver policies At time of writing, the relevant guidance states ...

8th March 2021 By

Lack of legal advice for migrants in prison ruled “discriminatory”

The High Court in SM v Lord Chancellor [2021] EWHC 418 (Admin) has held that free legal advice must be made available to immigration detainees held in prisons, bringing access to lawyers into line with the legal advice scheme operating in immigration ...

26th February 2021 By

Eviction of failed asylum seeker a breach of human rights

The Home Office breached the human rights of a refused asylum seeker by evicting him while his eighth attempt to reopen his asylum claim was still pending, the High Court of Northern Ireland has found. The case is Re Omar Mahmud (unreported, FRI3390). ...

25th February 2021 By

Human rights court criticises CPS for prosecuting trafficking victims

The European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4 of the Convention. In VCL and AN v United Kingdom (application nos. 77587/12 and 74603/12), it sharply criti ...

16th February 2021 By

Ignore what the Immigration Rules say about deportation, Upper Tribunal says

In Bikanu (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 34 (IAC), the Upper Tribunal has confirmed that paragraph 399D of the Immigration Rules has no relevance to the human rights exceptions to deportation set out in section 117C(4)-(6) of the Nat ...

16th February 2021 By

Deportation appeal not a “dress rehearsal” says Court of Appeal

Lowe v Secretary of State for the Home Department [2021] EWCA Civ 62 is about the role of the Upper Tribunal in deportation appeals. The role of an appellate court when reviewing the findings of fact made by the court below sounds straightforward: it ...

27th January 2021 By