Immigration Detention & Bail Archives - Page 12 of 17 - ICS Legal Blog

Contact Us: + 44 0207 237 3388

Latest UK & International Legal News

Asylum claims and the Dublin regulations

Asylum claims and the Dublin regulations The Dublin procedure: guarantees that your application for asylum reaches the authority of the country responsible for examining it ensures you don’t make many applications for asylum in several countries to extend your stay in Dublin countries The Dublin procedure covers 32 countries. The ‘Dublin countries’ are: Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Netherlands Poland Portugal Romania Slovakia Slovenia Spain Sweden UK As well as the 4 countries ‘associated’ with the Dublin system: Norway Iceland Switzerland Liechtenstein The Dublin procedure finds out which country will examine your application for asylum. This means you may be transferred from the UK to a different country that is responsible for your application. Until we decide which country is responsible for deciding on your application, we won’t consider your application. The Dublin procedure establishes which single country is responsible for examining your application for asylum. This means you may be transferred from this country to a different country that is responsible for examining your application. The Dublin procedure has two purposes: • to guarantee that your application for asylum will reach the authority of...

Fingerprints and Eurodac: found staying illegally in EU

  Fingerprints and Eurodac If you’re found staying illegally in an EU member state, the authorities may take your fingerprints and check them in Eurodac, the European fingerprint database. The fingerprints won’t be stored. If you’ve applied for asylum before, you may be sent back to the country you applied in. If you are found illegally staying in a ‘Dublin’ country 1), authorities may take your fingerprints and transmit them to a fingerprint database called “Eurodac”. This is only for the purpose of seeing if you have previously applied for asylum. Your fingerprint data will not be stored in the Eurodac database, but if you have previously applied for asylum in another country, you may be sent back to that country. If your fingerprints are not of a clear quality, including if you have deliberately damaged your fingers, the fingerprints may be taken again in the future. Eurodac is operated by an Agency of the European Union called eu-LISA. Your data can only be used for the purposes defined by law. Only the Eurodac Central System will receive your data. If you request asylum in the future in another Dublin country, your fingerprints will also be taken for transmission to Eurodac. The...

Tier 4 and right to appeal

The Home Office regrets that it has not been possible to give the usual 21 days’ notice before some of these changes take effect. This is because the new rules on administrative review are being brought into effect on the same day that section 15 of the Immigration Act 2014 comes into force for some applicants, and a similarly reduced notice period is being given for the commencement of section 15, which will come into force on 20th October 2014. Section 15 substitutes a new section 82 into the Nationality, Immigration and Asylum Act 2002, which sets out new rights of appeal to the First-tier Tribunal. The effect of the commencement of section 15 will be to remove the right of appeal for certain persons who have been refused further leave to remain under Tier 4 of the Points Based System where the application is made on or after 20th October 2014. The new rules changes will introduce a right for these Tier 4 applicants to apply for an administrative review, as set out in this Statement of Changes. The reason for the reduced notice period is to prevent a surge in applications by Tier 4 applicants seeking to preserve their right of appeal. Usually, applications for further leave should be submitted shortly before...

Chevening India applications are open

The programmes provide an invaluable opportunity to Indian professionals to establish their own networks of contacts in the UK. As you may already be aware we are now accepting applications for a number of Chevening programmes in India. The programmes provide an invaluable opportunity to Indian professionals to establish their own networks of contacts in the UK who would be of direct value to their work and career development in India. We are pleased to offer the following Chevening programmes in India: Chevening Master’s Programmes Up to 30 fully funded One Year Master Scholarships in any UK post-graduate course and university. Chevening/HSBC Scholarship: 3 scholarships for India - finance or environmental related courses preferred There are also a number of partnership awards linked to specific UK universities, the following are available to applicants from India: Chevening/Durham Scholarship: Any course other than MBA available at Durham Chevening/Bangor Scholarship: Any course other than MBA available at Durham Chevening/Cambridge Scholarship: Any degree offered at Cambridge Brunel University: Any course offered at Brunel Schumacher College: Any course offered at Schumacher with Sept/Oct start date Surrey Business School – Only MBA courses are accepted for this award University of Birmingham- Any course offered at Birmingham University...

Reforms to the immigration appeals system to be phased in from 20 October

Immigration Minister James Brokenshire has today announced that a number of reforms to the immigration appeals system made by the Immigration Act 2014 will be phased in from next Monday. Among the reforms, Brokenshire said criminals will no longer be able to appeal against a decision that their deportation is conducive to the public good changes, in what he called "the most significant change to deportation appeals since 1971." Reforms to the appeals system for students will also begin on 20 October. A substantial new 93-page Statement of Changes in Immigration Rules was also announced, which you can read here. Brokenshire's full statement to the Commons was as follows: The reforms to the immigration appeals system in the Immigration Act 2014 are being phased in from 20 October. These provisions contain important measures to make it easier to deport foreign criminals and build upon the significant reforms we have already made. In July we introduced new powers to stop criminals using family life arguments to delay their deportation. This has been successful, enabling the Home Office to deport over 100 criminals since July pending any appeal. From Monday criminals will also no longer be able to appeal against a decision that their...

Home Secretary Theresa May wants Human Rights Act axed

The home secretary has called for the Human Rights Act to be scrapped, less than a fortnight after Lib Dem leader Nick Clegg said it was "here to stay". The act enshrines the European Convention on Human Rights into UK law. But Theresa May told the Sunday Telegraphshe "personally" would like to see it go because of the problems it caused for the Home Office. Lib Dem Chris Huhne has warned scrapping the act would threaten the coalition. The coalition has set up a commission comprising of human rights experts to report on the possibility of bringing in a Bill of Rights for the UK to replace the Human Rights Act, by the end of the year. 'Extremely uncomfortable'Speaking as the Conservative Party conference got under way in Manchester, Ms May said: "I'd personally like to see the Human Rights Act go because I think we have had some problems with it. "I see it, here in the Home Office, particularly, the sort of problems we have in being unable to deport people who perhaps are terrorist suspects. "Obviously we've seen it with some foreign criminals who are in the UK." Prime Minister David Cameron said he agreed with Mrs May...

Medical treatment human rights cases

Human Rights with Relevance to Medical Treatment Case title:Akhalu (health claim: ECHR Article 8) Appellant name:Akhalu Status of case:Reported Hearing date: Promulgation date:24 Jul 2013 Publication date: Last updated on:26 Nov 2013 Country:Nigeria Judges:Mr G Warr, Mr P D Southern Keywordshealth claim: ECHR Article 8 The decision Upper Tribunal (Immigration and Asylum Chamber)Akhalu (health claim: ECHR Article 8) [2013] UKUT 00400 (IAC)THE IMMIGRATION ACTSHeard at Field House Determination Promulgated On 18 July 2013 On 24 July 2013 Before Upper Tribunal Judge Warr Upper Tribunal Judge Southern Between THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant And ROSELINE ONOSHOAGBE AKHALU Respondent Representation: For the Appellant: Mr C. Avery, Senior Home Office Presenting Officer For the Respondent: Mr R Toal, instructed by Public Interest Lawyers (1) MM (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 279 does not establish that a claimant is disqualified from accessing the protection of article 8 where an aspect of her claim is a difficulty or inability to access health care in her country of nationality unless, possibly, her private or family life has a bearing upon her prognosis. The correct approach is not to leave out of account what is, by...

European citizens and their spouses to come to the UK

The Independent Chief Inspector of Borders and Immigration has released a new inspection report on the application process for European citizens and their spouses to come to the UK. You can read the report, The Rights of European Citizens and their Spouses to Come to the UK: Inspecting the Application Process and the Tackling of Abuse, here. The report notes that European legislation which confers the right of free movement across all countries in the European Economic Area (EEA) has primacy over the UK's domestic immigration legislation. EEA nationals and their family members may choose to apply to the Home Office for documents which confirm that they are exercising their free movement rights in the UK. The Chief Inspector's inspection report examined the efficiency and effectiveness of the Home Office's handling of this European casework, as well as the steps that it takes to identify and tackle abuses, particularly sham marriage. A press release noted that the Chief Inspector found that: • the majority of decisions to refuse registration certificates or residence cards were reasonable; • 43% of the non-EEA spouses and civil partners who were refused residence cards in our sample were either overstayers or illegal entrants; • there was an efficient process...

Tribunal appeals – legislation changes to asylum seekers

As reported yesterday in the Telegraph, new secondary legislation introduced by the Government means that asylum seekers will no longer be notified straight away when they lose their Tribunal appeals . The legislation in question, the Tribunal Procedure (Amendment No. 2) Rules 2014, amends rule 40A of the Tribunal Procedure (Upper Tribunal) Rules 2008. It means that from June 30th, it will be the Home Office's duty to notify an appellant of the Tribunal's decision, whereas currently the appellant is notified at the same time as the Home Office. According to the Telegraph, the change was made in attempt to stop asylum seekers absconding before they can be removed. A Ministry of Justice spokesman told the Telegraph: "This amended procedural rule allows for the first-tier and upper tribunals to serve a final decision notice on the Home Office for onward service on the appellant, as they do with other types of asylum appeal decisions." "This will enable the Home Office to consider any additional arrangements that may be necessary when serving the decision on the appellant, such as taking measures to prevent the parties absconding or ensuring the vulnerable receive additional support." You might be able to appeal to the First-tier Tribunal...

EU Return Policy-Council of the European Union

Council of the European Union adopts conclusions on EU Return Policy 05 June 2014 The Council of the European Union today adopted a number of conclusions on the European Union's policy with regard to returning illegally staying third-country nationals. You can read the full conclusions below: COUNCIL OF THE EUROPEAN UNION Council conclusions on EU Return Policy JUSTICE and HOME AFFAIRS Council meeting Luxembourg, 5 and 6 June 2014 The Council adopted the following conclusions: " The Council, Whereas combating illegal immigration is a major migration policy goal of the European Union; – Reaffirms the Council Conclusions of 9/10 June 2011 defining the EU Strategy on Readmission; and the Council Conclusions of 14 April 2014 on the implementation of the Global Approach to Migration and Mobility; – Recalls that a coherent, credible and effective policy with regard to the return of illegally staying third-country nationals that fully respects human rights and the dignity of the persons concerned, as well as the principle of non-refoulement, is an essential part of a comprehensive EU migration policy; – Recalls that return policy is closely interlinked with readmission and that both are an integral part of the Global Approach to Migration and Mobility (GAMM), which is...