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

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Home Office in new controversy over spot-checks for ‘illegal immigrants’

Following the controversial recent "go home or face arrest" campaign targeting immigrants in the UK without legal status, the Home Office finds itself in the midst of a new controversy over spot-checks carried out in London in the past few days. According to the Independent, border enforcement officers conducted random stop-and-check operations near stations in the areas of Walthamstow, Kensal Green, Stratford and Cricklewood. Concerns have been raised that the officers were using "racial profiling" and stopping only non-white persons. Stella Creasy, Labour MP for Walthamstow, told the Independent: "I've been told they were only stopping people who looked Asian or African and not anyone who was white. This kind of fishing expedition in public place is entirely unacceptable. I will not have my constituents treated in such a manner." A witness to events at Kensal Green was quoted as saying: "They appeared to be stopping and questioning every non-white person, many of whom were clearly ordinary Kensal Green residents going to work. When I queried what was going on, I was threatened with arrest for obstruction and was told to 'crack on'." Writing in the Independent, the chief executive of Refugee Action warned that "we are increasingly seeing what appears to...

Channel 4 News: A thousand or more asylum seekers may have been wrongly convicted for using false passports

Channel 4 News' Simon Israel has reported today that a thousand or more asylum seekers may have been wrongly convicted for using false passports to travel to the UK. According to Channel 4 News, the Court of Appeal today quashed the criminal convictions of five asylum seekers in a case brought by the Criminal Cases Review The Commission says the original convictions are tantamount to a substantial failure and abuse of the law, as the asylum seekers were allowed a defence which was denied to them. Israel tweeted that the Commission said the decisions to prosecute were flawed, defence advice to plead guilty was wrong and judges should have done more to stop it happening. According to Channel 4 News, the Commission believes that it is possible a thousand or more asylum seekers may have been wrongly convicted.

7 years concession for under 18

Section 55 of the Borders, Citizenship and Immigration Act 2009 requires the UK Border Agency to carry out its existing functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. It does not impose any new functions, or override existing functions.The changes to the policy from 9th July 2012, brought a new legislation under Appendix FM of the Immigration Rules. It states the following: Where a person asserts that they have family life with children, the decision maker must ensure that the person can satisfy all of the factors listed at (a) to (e) below: (a) They have a genuine and subsisting parental relationship with a child who is under 18. (b) The child is in the UK. (c) The child either 1. is British; or 2. has lived in the UK for at least 7 years preceding the date of the immigration decision. (d) It would not be reasonable to expect the child to leave the UK. (e) There is no other family member who is able to care for the child in the UK. If you believe your case can benefit from this policy, then please speak to ICS...