October 2013 - ICS Legal Blog

Contact Us: + 44 0207 237 3388

Latest UK & International Legal News

Pre-Action Protocol for Judicial Review

This protocol applies to proceedings within England and Wales only. It does not affect the time limit specified by Rule 54.5(1) of the Civil Procedure Rules which requires that any claim form in an application for judicial review must be filed promptly and in any event not later than 3 months after the grounds to make the claim first arose or the shorter time limits specified by Rules 54.5(5) and (6) which set out that a claim form for certain planning judicial reviews must be filed within 6 weeks and the claim form for certain procurement judicial reviews must be filed within 30 days. Judicial review allows people with a sufficient interest in a decision or action by a public body to ask a judge to review the lawfulness of: an enactment; or a decision, action or failure to act in relation to the exercise of a public function. Judicial review may be used where there is no right of appeal or where all avenues of appeal have been exhausted. The parties should consider whether some form of alternative dispute resolution procedure would be more suitable than litigation, and if so, endeavour to agree which form to adopt. Both the Claimant and...

Consideration of the right to respect for family and/or private life

A valid application is not required where an Article 8 claim is raised:  as part of an asylum claim, or as part of a further submission in person after an asylum claim has been refused; or  where a migrant is in immigration detention; or  where removal directions have been set pending an imminent removal; or  in an appeal; or  in response to a (one-stop) notice issued under section 120 of the Nationality, Immigration and Asylum Act 2002. Where, under paragraph GEN.1.9, Article 8 is being considered in any of the circumstances specified above, the applicant is only eligible for consideration under the 10-year partner or parent route. If the applicant wishes to be considered under the 5-year partner or parent route, they have to submit a valid application.

Immigration Bill

Proposed changes to reform the removals and appeals system, end the abuse of Article 8 and prevent illegal immigrants accessing and abusing public services or the labour market. The Immigration Bill was introduced into the House of Commons on 10 October 2013. Subject to its Parliamentary progress, the bill is expected to receive royal assent in spring 2014. The bill will reform the removals and appeals system, making it easier and quicker to remove those with no right to be here. It will end the abuse of Article 8 of the European Convention on Human Rights – the right to respect for private and family life. It will prevent illegal migrants accessing and abusing public services and the labour market. Removal directions The current process for enforcing the removal of people unlawfully in the UK is a complex one, with a number of stages needing to be completed before an individual can be removed. A decision must first be made regarding an individual’s immigration status, if they have any, and then further decisions must be taken regarding their removal. This creates an unnecessarily bureaucratic process, which can lead to migrants being left in limbo, unclear when they need to leave...