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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...

illegal working penalties for employers

Employers must carry out right to work checks on their employees. A new code of practice provides practical guidance on how to avoid illegal discrimination when carrying out the checks. Employers have a duty to prevent illegal working in the UK by carrying out document checks on people before employing them to confirm they have a right to work here. Failing to conduct these checks is not itself a criminal offence, but if an employer only carries them out on people who they believe are not British citizens, for example, on the basis of their colour, or ethnic or national origins, they could find themselves accused of discrimination and it could be used as evidence against them in proceedings under the Equality Act 2010 or the Race Relations (Northern Ireland) Order 1997, as amended. Anyone who believes that they have been discriminated against, either directly or indirectly, by an employer, a prospective employer or an employment agency, because of their race may bring a complaint before an Employment Tribunal, or an Industrial Tribunal in Northern Ireland. If the complaint is upheld, the Tribunal will normally order the payment of compensation, for which there is no upper limit. This is why we recommend that you, as an employer, obtain a statutory excuse...

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...

Yvette Cooper says Labour would scrap net migration target

Shadow Home Secretary Yvette Cooper told a fringe meeting at the Labour Conference yesterday that a Labour government would scrap the Conservatives' net migration target, the Guardian reported. David Cameron has pledged to cut net migration to "the tens of thousands" under the target. According to the Guardian, Cooper said Labour would replace the Government's net migration target with a much more strictly defined series of targets and controls. She said that overseas students would not be included, and she stressed that asylum seekers must be treated entirely separately from migrants. Cooper said the target had completely distorted the Government's policy on immigration. The Guardian quoted her as saying: "We would not have a net migration target because choosing net migration to focus on is the wrong thing. We think immediately what should happen is that students, international university students, should be taken out of the net migration target straight away. What you should instead have is a series of different controls and targets for different kinds of immigration." Cooper said Labour recognised that a system "which is far more sensible about the different kinds of immigration that we face and how it will work internationally" was needed. Meanwhile, Labour leader Ed...

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...