March 2018 - ICS Legal Blog

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Latest UK & International Legal News

Supreme Court ruling on power to impose immigration bail conditions

Immigration bail is a complex matter in Immigration Law. Supreme Court judgement in B (Algeria) (Respondent) v Secretary of State for the Home Department (Appellant) [2018] UKSC 5 is a major new ruling on powers to restrict the liberty and freedoms of those who cannot lawfully be detained. The policy that sets out "immigration bail" including the power of arrest and re-detention of persons on bail under paragraphs 22 and 29 of Schedule 2 is provided for under paragraph 24 of Schedule 2 to the 1971 Act which provides: "24. - (1) An immigration officer or constable may arrest without warrant a person who has been released by virtue of paragraph 22 above - (a) if he has reasonable grounds for believing that that person is likely to break the condition of his recognizance or bail bond that he will appear at the time and place required or to break any other condition of it, or has reasonable ground to suspect that that person is breaking or has broken any such other condition; or (b) if, a recognizance with sureties having been taken, he is notified in writing by any surety of the surety's belief that that person is likely to break...

Leave outside the Immigration Rules

Leave outside the Immigration Rules (LOTR) is a new revised policy to grant leave to remain in the UK. The Home Policy on LOTR is being granted on the following basis: The circumstances in which someone may be granted leave LOTR are covered guidance relating to European Convention on Human Rights (ECHR) Article 3 medical, Discretionary Leave, or where there is an existing published concession. Applications relating to LOTR on Article 8 family and private life grounds must instead refer to the 5-year or 10-year partner, parent and private life guidance. Applications relating to Article 3 medical grounds must instead refer to the discretionary leave guidance. The Immigration Rules are designed to provide for the vast majority of those wishing to enter or remain in the UK however, the Secretary of State has the power to grant leave on a discretionary basis outside the Immigration Rules from the residual discretion under the Immigration Act 1971. From 1 April 2003 to 9 July 2012 the majority of applications which fell outside the Immigration Rules in the UK were considered within the discretionary leave (DL) criteria, which (along with humanitarian protection) replaced exceptional leave to enter or remain (ELTE or ELTR). This...