Legal Matters

Proceeds Of Crime Act Successfully Used Against An Employer Of Illegal Immigrants

Section 15 of the Immigration, Asylum and Nationality Act 2006 prescribes civil penalties which may be imposed by the Home office on employers found to have been employing illegal immigrants, i.e. people who have no leave to remain in the UK, whose leave has expired or who have leave but whose leave is subject to […]

28th September 2013 (Legal Matters)

Operation Nexus

This is the title of an operation launched by the Metropolitan Police in September 2012 which has recently attracted a certain amount of media attention. The object of it is to use deportation as a sanction against foreign unconvicted criminals. Deporting convicted criminals is not usually a problem, subject to the operation of Article 8 […]

27th June 2013 (Legal Matters)

Legal Aid In Immigration And Asylum Cases

As always with these legal briefing papers it is stressed that they are not published as authoritative legal advice but for general guidance and information for users of the Migration Watch website. Restrictions on the availability of legal aid are imposed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. the provisions of […]

19th April 2013 (Asylum, Legal Matters)

Convicted Foreign Criminals And The Right To Family Life

The paper which appears below under the title “Convicted foreign criminals and the right to family life (2)” was completed on 13 February 2013.  It is appropriate to precede it with further comments following the Home Secretary’s article on the subject which appeared in The Mail on Sunday on 17 February.  The Home Secretary accuses […]

18th February 2013 (Family, Human Rights, Legal Matters)

Judicial Review – Proposals For Reform

27 December, 2012 The Ministry of Justice has recently published a consultation paper on this subject. The need for reform arises because of the enormous growth in numbers of applications for Judicial Review (JR) and the paper acknowledges in paragraph 24 that the main area of growth has been in immigration and asylum cases.  In […]

28th December 2012 (Legal Matters)

Bill Of Rights – Commission’s Report

21 December, 2012 The Commission set up in 2011 to report on the possibility of a UK Bill of Rights published its report yesterday, 18 December. It has not attracted much attention from the media. The report itself runs to 282 pages, which I do not claim to have read in full. I was aware […]

24th December 2012 (Human Rights, Legal Matters, Policy)

Unhcr Guidelines – Sexual Orientation

The United Nations High Commissioner for Refugees (UNHCR) published on 23 October 2012 a new set of Guidelines on International Protection relating specifically to claims to refugee status based on sexual orientation under the 1951 Convention on the Status of Refugees.  These Guidelines supplement the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status […]

19th November 2012 (Asylum, Legal Matters, Policy, Refugees)

An African War Criminal

An appalling case is reported today, 8 October 2012, in the Daily Mail Online. It is the story of a Sudanese African whose identity is not disclosed, who in the course of a number of BBC interviews said that he was between 2003 and 2006 a fighter in the Janjaweed militia which was responsible for […]

9th October 2012 (Asylum, Legal Matters)

Recent Supreme Court Cases

In its judgment in the case of RT (Zimbabwe) and others v. Secretary of State for the Home Department [2012] UKSC 38 delivered on 25 July 2012 the Supreme Court gave an important ruling in relation to asylum appeals. The four parties from Zimbabwe were asylum seekers claiming that if they were returned to Zimbabwe there was […]

8th August 2012 (Asylum, Legal Matters)

Supreme Court Pronounces On The Immigration Rules

In Briefing Paper No 8.43, issued in July 2010, I commented on the case of Pankina v. Secretary of State for the Home Department [2010] EWCA Civ.719, decided by the Court of Appeal. The principle enunciated in that case is that changes in the law, in particular to detailed provisions in the Immigration Rules, must […]

1st August 2012 (Legal Matters, Policy)

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