New power to remove while human rights appeal is pending
From 1 December 2016, the “out of country” appeals regime is extended.
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Signing support: lessons from Manchester
Yesterday on the blog, we wrote about the importance of preparing in case of being detained, and the different things you can think about and get ready in case the worst happens to you. One of the most important aspects of this is having a system in place so that if you are detained, people know straight away and start taking action for you.
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Judicial reviews and preventing forced removal
The Home Office published new enforcement instructions and guidance on 31 October 2016 on, among other things, judicial reviews and injunctions.
The new guidance limits even further the situations in which judicial review proceedings will lead to the Home Office suspending a forced removal or deportation.
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“Unjustifiable, unnecessary, punitive and unlawful”: we speak to the BBC about immigration curfews
Back in May, we shared the news that the Home Office had been routinely imposing curfews (after someone obtained release from immigration detention) without any power to do so, making the action unlawful.
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New country guidance case on risk on return to Sudan
Country guidance cases are asylum appeals chosen by the immigration tribunal to give legal guidance for a particular country, or a particular group of people in a particular country. The decisions in these cases are assumed to be based on the best possible evidence about that country at that time. Until there are significant changes in that country, a country guidance decision sets out the law for other asylum-seekers from that country.
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Home Office unlawfully imposed curfews: does this affect someone you know?
There was a very important judgment from the Court of Appeal last week.
The judgment was in the case of Mr Gedi, who was represented by Tom Hickman of Blackstone Chambers instructed by Ravi Naik of ITN solicitors.
The Court of Appeal found that the UK government has no power to impose a curfew either under powers for electronic monitoring or under general powers for conditions under the Immigration Act 1971.
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Asylum claims: Ethiopia
We are often asked, “Do people get asylum if they are from [x or y country]?”
It’s impossible to generalise about how asylum claims will be decided – although the grant rate for some countries is higher than others, each asylum claim should (in theory) be decided on an individual, case-by-case basis.
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Equal before the law? Government proposes huge court fees increase
The UK government has proposed increasing the fees that need to be paid to appeal an asylum or immigration decision in the First-tier and Upper Tribunal in England and Wales.
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Hungary: current situation re returns under Dublin Regulations
2018 update. The current Home Office guidance on Dublin removals to Hungary says:
“Dublin transfers from the UK to Hungary remain suspended, with the situation remaining under review.”
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A price-tag on love, and a ban masquerading as a rule
On 9th July 2012, the government brought in family immigration rules so divisive that the UK’s immigration policy is now the least family friendly in the developed world. We have a price tag on love for those wishing to sponsor a foreign partner, and block the door altogether for those wishing to sponsor an elderly parent.
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Communicating with your lawyer
Understanding the asylum and immigration system, and your own legal case, is more important than ever. Cuts to legal aid (free, government-funded legal representation) mean that more and more people have no lawyer at all and are forced to navigate this very complicated system without legal representation.
Even if you have a lawyer, it’s important to understand your own legal case – this is your case and your life and you need to keep track of what is happening and whether the lawyer is doing the things they should be.
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Do-It-Yourself fresh claims
For people who have been refused asylum, and had their appeal to the Tribunal dismissed, a fresh claim for asylum, with new evidence or new grounds, can be the route to sanctuary, to regularisation of status.
There are limits and difficulties in doing this yourself, or helping someone if you are not a lawyer, but there are some aspects where community supporters can really help.
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When people reach the UK, the struggle isn’t over. It's a hostile environment. Right to Remain relies on grants from charitable trusts and on donations from people like you. Your donation will help us to help people in their struggles for the right to remain in the UK, and to campaign for migration justice.
Donate todayAbout us
Right to Remain works with communities, groups and organisations across the UK, providing information, resources, training and assistance to help people to establish their right to remain, and to challenge injustice in the immigration and asylum system. Right to Remain is a registered charity (charity number 1192934).
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