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Immigration (European Economic Area) (Amendment) Regulations 2015

SI 2015 No. 694. These Regulations amend the Immigration (European Economic Area) Regulations 2006 (including bringing the legal framework within which appeals may be brought against a decision taken under the 2006 Regulations into line with the regime established by the Immigration Act 2014). Coming into force 6th April 2015. The 2006 Regulations set out the appellate regime in respect of decisions which are made under those Regulations (‘EEA decisions’) and they apply certain parts of Part 5 of the 2002 Act to appeals against EEA decisions. The 2014 Act substantially amended the appellate regime in the 2002 Act. The 2014 Act restructured the rights of appeal in the 2002 Act, with the effect that is now only possible to appeal under that Act against the refusal of a human rights claim, a protection claim (humanitarian protection and asylum) and revocation of a refugee or humanitarian protection status (‘the tripartite grounds’). In particular the concept of an appeal against an ‘immigration decision’, upon which appeals against EEA decisions were previously based by the 2006 Regulations, no longer exists. Accordingly, paragraph 15 of Schedule 1 amends paragraph 1 of Schedule 1 to the 2006 Regulations to apply the relevant provisions of the 2002 Act, as amended by the...

Doctors of the World finds migrants are avoiding seeking medical treatment

A new report by Doctors of the World – Médecins du monde (MdM) has found that even migrants who have permission to be in the UK are avoiding seeking vital medical treatment for fear of being arrested, thePress Association (PA) reported yesterday. The report, Access to healthcare for people facing multiple health vulnerabilities, can be read here. The MdM report is based on data collected in 2014 in face-to-face medical and social consultations with 23,040 people in 25 programmes/cities in Belgium, France, Germany, Greece, the Netherlands, Spain, Sweden, Switzerland, the United Kingdom and Turkey. MdM runs healthcare clinics for vulnerable people, including one in Bethnal Green, East London. The majority of patients seen across Europe by MdM (91.3%) were living below the poverty line. Most (93.6%) were foreign nationals who had on average been living in Europe for more than six years. Migrants seen by MdM in the UK cited fear of being arrested, administrative and legal barriers, lack of knowledge or understanding of the healthcare system and their rights, along with language barriers as reasons for not pursuing conventional healthcare routes, the PA said. The MdM report notes: "In London, almost all patients (82.7%) had no access to the NHS at all...

New Immigration Bill set to tackle illegal working and extend “deport first, appeal later” to all non-asylum appeals

David Cameron has today made a speech at the Home Office in London announcing a new Immigration Bill to be included in next week's Queen's Speech. The Prime Minister's Office says the Bill will set forth a 'whole of government' approach to clamp down on illegal immigration. Tackling illegal workers is set to be central to the Bill. Under the Bill, police will be given powers to seize the wages of anyone employed unlawfully, as the Bill proposes a new criminal offence of illegal working. The offence of illegal working will apply to migrants who have entered the country illegally and also those who came to the country legally but are in breach of their conditions or have overstayed. Cameron said: "Dealing with those who shouldn't be here. That starts with making Britain a less attractive place to come and work illegally. The truth is it has been too easy to work illegally and employ illegal workers here." "So we'll take a radical step – we'll make illegal working a criminal offence in its own right. That means wages paid to illegal migrants will be seized as proceeds of crime… and businesses will be told when their workers' visas expire… so if...

Partner visas minimum income requirement – Immigration advice

The BritCits blog reports today that the Supreme Court has granted permission to hear the appeal in the case of MM and Others on the minimum income requirement for partner visas in the Immigration Rules. The case of MM and Others first came before the High Court in 2013 and Justice Blake concluded that while the Immigration Rules were not unlawful, the earnings threshold would amount to a disproportionate interference with family life if combined with one of the four other requirements in the Rules. Last July, the Court of Appeal allowed the Secretary of State's appeal against that judgment and found that the £18,600 minimum income requirement for partner visas was "justified". According to BritCits, the Supreme Court will now hear the case with MM as the lead appeal, with the other cases to only deal with the points that MM has not dealt with. The date of the hearing is still to be confirmed, though BritCits says it is unlikely to be before autumn. For more on the financial (minimum income) requirement for partner visas, you can read a comprehensive March 2014 House of Commons Library Standard Note here and a July 2014 update here. Various migrants' rights groups are campaigning against the financial requirement, which they...

Right of appeal removed following changes on 6th April 2015

The Immigration Act 2014 (The Act) explains the operation of the immigration appeals system as found in Parts 5 and 6 of the Nationality, Immigration and Asylum Act 2002 (The 2002 Act) as amended by Part 2 of The Act. The Act introduced fundamental changes to the appeal process. The main changes to appeals made by the Immigration Act 2014 are that a right of appeal only arises when the Secretary of State for the Home Department (SSHD):- (i) refuses a human rights claim; (ii) refuses a protection claim, namely a claim for refugee or humanitarian protection status; (iii) revokes protection status, namely refugee or humanitarian protection status; Refusal of other applications (and other immigration decisions such as a removal decision or curtailment of leave) will not give rise to a right of appeal. It may be possible for a person to apply for an administrative review of a refusal of an application if it is an eligible decision and it is alleged that a case working error has occurred. If a person has made an application to enter or remain in the United Kingdom (UK), has made a protection claim, or a human rights claim, or a decision to remove or deport has been made, the person may be...