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Section 94B of the Nationality, Immigration and Asylum Act 2002

Section 17(3) of the Immigration Act 2014 amended the Nationality, Immigration and Asylum Act 2002 to introduce a discretionary certification power in relation to human rights claims made by those liable to deportation under sections 3(5)(a) and 3(6) of the Immigration Act 1971. Section 94B of the Nationality, Immigration and Asylum Act 2002 allows a human rights claim to be certified where the appeals process has not yet begun or is not yet exhausted and the Secretary of State considers that removal pending the outcome of an appeal would not breach section 6 of the Human Rights Act 1998. One ground upon which the Secretary of State may certify a claim under section 94B is that the person liable to deportation would not, before the appeal process is exhausted, face a real risk of serious irreversible harm if removed to the country of return. The result of section 94B certification is that the right of appeal against the decision to refuse the human rights claim is non-suspensive, meaning it is not a barrier to removal. Any appeal can only be lodged and heard, or continued if the claim is certified after the appeal is lodged, while the person is outside the...

Immigration Act 2016

The Immigration Act 2014 created a new power to allow those subject to deportation, primarily foreign criminals, to be deported first so that they have to submit any appeal after their removal – i.e. from outside the UK - so long as this does not cause serious irreversible harm or, otherwise breach human rights. We now plan to extend this power to enable it to be applied to all human rights cases, provided this does not breach their human rights (‘remove first, appeal later’). A person will only be able to appeal in the UK where an asylum claim has been refused (provided it is not clearly unfounded) or where a human rights claim has been refused (provided it is not clearly unfounded) and there is a real risk of serious irreversible harm or other breach of human rights if the person is removed before the appeal. In the first year that the Immigration Act 2014 was in force, over 230 foreign national offenders have been deported before their appeal was heard. Previously, most of these individuals would not have left the UK until their appeal had been determined. The Court of Appeal recently considered two cases concerning the operation...

Apply for a UK visa in China

You can apply for a visa if you want regular visitor to Britain the following activities: Leisure and entertainment, such as vacation, visiting friends or attending ADS tour Short-term business visits, such as meetings, workshops, training or the provision of training, participate in sports or creative activities, or short-term academic visits You can not: Fill vacancies gainful or unpaid work UK permanent residence in the United Kingdom through frequent Married or registered same-sex civil partnership, or give notice of marriage or civil partnership for same-sex The use of public funds Maximum stay Standard of visitor's visa is valid for six months, January 11, 2016 began to apply the standard visitor visa in the Chinese mainland Chinese citizens are eligible for 2-year valid visa. It requires longer valid UK visa frequent visitors can also apply for a period of 5 years or 10 years in any line visa (long-term visa). Multiple-entry visa may be valid within the UK. Specify the destination travel plans (ADS) Visitors can stay up to 30 days in the UK. If you accept the UK private medical treatment, you can stay up to 11 months. UK scholars engaged in research, you can stay up to 12 months....

Immigration Appeal Review

What is the purpose of an appeal review The purpose of the appeal review is to consider the grounds of appeal and supporting documents. A review is required for all decisions refused with a full right of appeal (RoA). Those undertaking the review must assess whether the appellant has satisfactorily addressed the reasons for refusal. If the appellant has successfully addressed all the points of refusal the decision should be overturned and a visa issued. If it is found that the appellant has failed to address the reasons for refusal a written statement detailing why, the decision is being upheld must be provided. Who should conduct the appeal review All appealed decisions must be reviewed by an independent decision maker and records should be updated. How should the appeal review be conducted On receipt of an appeal, the initial decision must be reviewed taking into account the grounds of appeal and any additional supporting documentation. Documents supplied at the time of application should be available for consideration if required. The reviewer must decide to maintain the ECO decision or agree in light of the grounds of appeal. Where an appellant provides evidence which appears to discharge the burden of proof...

Litigation debt

Litigation debt is a debt owed to the Home Office where the court or Tribunal has ordered another party to pay our legal costs. Litigation debt can arise from all types of litigation, including appeals, judicial reviews and private law claims such as unlawful detention. You must always check whether an applicant owes a litigation debt. This guidance does not apply to: protection claims (this means decisions on asylum and humanitarian protection claims as well as on protection-based claims under article 3 of the European Convention on Human Rights(ECHR)) European Economic Area (EEA) nationals and their family members who apply under the EEA regulations nationality Litigation debt in the Immigration Rules. A power to refuse applications for entry clearance, leave to enter or leave to remain on the basis of litigation debt was added to the Immigration Rules and applies to applications made on or after 6 April 2016. You must not apply this rule to any applications made before 6 April 2016. You must take account of all litigation debts, including those accrued before 6 April 2016, when considering an application made on or after 6 April. Considering refusal Once you have confirmed that the litigation debt is still...

Unaccompanied minors arrive in UK ahead of Calais camp clearance

The first group of unaccompanied children have arrived in the UK from Calais today (17 October), following the Home Secretary’s pledge to transfer as many minors as possible before the camp is cleared. The group, aged 14 to 17, were transported across the Channel this morning. They will be screened and processed by the Home Office, before being reunited with their families in the coming days. More children are due to arrive from France over the next few days and weeks under the Dublin regulation mechanism. Separately, Home Office officials are working with French authorities, NGOs and charities to identify children who are eligible under the ‘Dubs amendment’ of the Immigration Act. A Home Office spokesperson said: We can confirm a group of children who left the Calais camp this morning have arrived in the UK. This is the start of the process to transfer as many eligible children as possible before the start of the clearance, as the Home Secretary set out in Parliament. These vulnerable children, aged between 14 and 17, were transferred to the UK under the care of Home Office staff, with the support of volunteers from specialist NGOs and charities. They will join their families...