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Can Asylum Seekers Work? (20 January 2012)

 

The rights of asylum seekers concerning working in the UK have changed recently because of an EU directive, which was unsuccessfully challenged by the UK Government in the Supreme Court. The directive lets asylum seekers in the UK search for work as long as their claim for asylum has not been processed in the space of a year. The Government took the view that this directive did not apply to asylum seekers who had already submitted an application that had been rejected, and were submitting a second one, but the Supreme Court ruled against this.

 

 

Undocumented Asylum Seekers & s.2 Immigration and Asylum Act (Treatment of Claimants) 2004 by Kat Hacker (20 December 2011)

 

You’re fleeing your country, being persecuted for your political beliefs. You arrive in the United Kingdom to claim asylum: a place of safety and a firm advocator of human rights. You believe that you will be treated with dignity and respect.

 

 

Even a serious criminal conviction may not allow the interference with Article 8 ECHR Rights by Pinar Coktas (20 December 2011)

 

In AA v United Kingdom (8000/08) [2011] ECHR 1345 (20 September 2011), the Strasbourg Court held that the deportation of a Nigerian citizen, who had arrived in the UK at the age of 13 and who at the age of 15 had been convicted of raping a 13 year old girl, for which he was sentenced to 4 years youth detention, would violate his Article 8 right to respect for his private life.

 

 

What is a ‘Compelling Reason’ for a case to be heard? By Brian Naumann (20 December 2011)

 

The second-tier appeal test -Extract from PR (Sri Lanka) [2011] EWCA Civ 988:

 

 

Residence documents for non EEA nationals family members of EEA nationals (18 November 2011)

 

For EEA nationals living and working legally in the UK it is advisable, though not compulsory, for them to obtain residence documents from the Home Office to prove that they are entitled to live and work in the UK.

 

 

How can Bulgarian and Romanian nationals work in the UK (17 November 2011)

 

Most nationals from the EEA (European Economic Area) and Switzerland are free to come to the UK to live without needing and form of permission.

 

 

Residence documents for European Economic Area nationals (17 November 2011)

 

A registration certificate can be applied for by EEA and Swiss nationals, which will confirm their right, under EU law, to live in the UK. A document to certify permanent residence can be applied for following a continuous five years of residence in the country.

 

 

What is the worker registration scheme for European nationals? (17 November 2011)

 

Since May 2004, nationals from the A8 countries, the new EU accession states, instead of applying for a UK visa have needed to register on the WRS or Accession State Worker Registration Scheme. This does not apply to Maltese and Cypriot nationals or to self-employed nationals from a list of non-accession state countries.

 

 

How do I apply for British citizenship? (9 November 2011)

 

There are actually six different types of British nationality and British citizenship is just one of them. Only British citizens can live and work in the UK, along with a few others with rights of abode. The 1981 British Nationality Act and associated legislation lays out the legal requirements for being a British citizen; a UK passport is the most acceptable type of proof.

 

 

Child Detention (31 May 2011)

 

Last year, the new coalition government announced it would end child detention. After a lengthy review process a review was finally published in December 2010. The review does not adhere to the commitment made by the collation government; child detention has not ended.

 

 

Shirley McCarthy v Secretary of State for the Home Department - Case C-434/09 (31 May 2011)

 

This case has caused some disquiet. The Judgment, handed down on 5 May 2011, followed close upon that in Case C-34/09 Ruiz Zambrano [2011] ECR I-0000, which some had thought broadened the class of persons who could benefit from Treaty rights; it was feared that McCarthy was the start of a backlash.

 

 

Mansoor v Secretary of State for the Home Department [2011] EWHC 832 (Admin). (31 May 2011)

 

The Claimant was a national of Yemen. She sought Judicial Review of the Secretary of State for the Home Department’s refusal to grant her indefinite leave to remain in the United Kingdom in order to continue to reside with her husband and children.

 

 

Children in Immigration Cases (18 April 2011)

 

Thousands of people settle in the UK every year after obtaining valid leave to remain here, but in many cases, they do so without the appropriate means of leave. One thing is certain though, families are bound to be formed. Status or no status children end up coming and to that extent their rights too have to be considered.

 

 

Duncan Lewis Congratulates Immigration team for Achieving Level 2 Immigration Accreditation (12 April 2011)

 

Duncan Lewis has an extensive team of immigration workers, consisting of immigration solicitors and specialists to provide help in a variety of different languages.

Duncan Lewis congratulates members of the immigration team for their efforts and hard work to achieve their Level 2 IAAS accreditation.

 

 

Right of Appeal cases (21 March 2011)

 

On 23 February 2011 the Court of Appeal handed down a brace of judgments in Daley Murdock v SSHD [2011] EWCA Civ 161 and Mirza and Others v SSHD [2011] EWCA Civ 159. These were both cases concerning whether the Secretary of State was obliged to make an appealable immigration decision at the same time as she refused an application for leave to remain. The two cases had been heard in succession, and Sedley LJ gave the lead judgment in both cases.

 

 

Dispatches from the front: the latest developments in permission to work litigation (21 March 2011)

 

The case of Negassi was heard as a test case on the question of whether the Secretary of State should be liable in damages for unlawfully refusing to grant permission to work to repeat asylum seekers who had not had their claim decided for a year.

 

 

The Best Interests of Children in light of ZH (Tanzania) (21 March 2011)

 

In ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4 (1 February 2011) the Supreme Court turned its mind to whether (and when) it would be permissible to remove a non-citizen parent of a British child from the UK; and also, more broadly, the weight to be given to the best interests of children who are affected by a decision to remove one or both of their parents from the UK.

 

 

Time Spent under Association Agreements will count towards the acquisition of Permanent Residence (13 December 2010)

 

The Home Office have consistently argued that Permanent Residence can only be acquired by European Nationals from the ‘Accession States’ such as Poland ¹ and Romania five years post the accession of their countries to the European Union. The logic is that they could not be residing ‘in accordance with the Citizen’s Directive’ until they were citizens of the EU; though this is controversial.

 

 

United Kingdom: Court Of Appeal Underlines that Unfair Decisions will be Set Aside, Whilst Expanding the Jurisdiction of the First Tier Tribunal (13 December 2010)

 

Those who deal regularly with the UK Border Agency will sadly be accustomed to receiving unfair decisions, which can have a devastating impact upon the lives of their clients, no matter how blameless they may be.

 

 

Article 1F(c) Exclusions – Fighting the UN (13 December 2010)

 

On the 10 December 2010, the Court of Appeal, promulgated Secretary of State for the Home Department v DD (Afghanistan)[2010] EWCA Civ 1407. This is a fundamental review of the law in relation to exclusion under the Geneva Convention on Refugees under Article 1F(c).

 

 

Court slams Home Office attempt to stifle justice (11 November 2010)

 

Ms Pengayo was studying with Leave in the United Kingdom. She enrolled upon a course at an approved college in accordance with Home Office Guidelines. Later however the college was removed from the register because it had been found to be issuing some bogus qualifications.

 

 

Detention Centre contracts outcome from the Legal Services Commission (3 November 2010)

 

Duncan Lewis has been awarded contracts for onsite surgery rotas and in immigration services for fast track scheme rotas at many immigration removal centres. Duncan Lewis has one of the largest immigration departments in the UK.

 

 

Two more get Level 3 Immigration Accreditation (25 October 2010)

 

Duncan Lewis is proud to announce that two more members of the firm have been awarded level three immigration and asylum accreditation; James Packer and Jenna McKinney.

 

 

Private Life applications for children following the withdrawal of DP5/96 (11 October 2010)

 

The ‘seven year policy’ (DP5/96) previously provided that a minor child who had spent seven years in the United Kingdom should not normally be subject to removal (and that the child’s parents should then also be granted leave to remain).

 

 

Should EU Nationals be deported from the UK? (11 October 2010)

 

I had been inspired by QC Ian MacDonald’s take on this same issue in his book: MacDonald’s Immigration Law & Practice; the First Supplement to the Seventh Edition. I commend the learned QC for opening up a debate on this issue and whilst the learned QC had broadened his question for a rethink on the whole of the UK deportation law; I have limited my argument to the deportation of EU nationals.

 

 

Zimbabwe: Who can or should have to demonstrate loyalty and avoid persecution? (11 October 2010)

 

It is already established principle after the Supreme Court ruled in HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department that no person should be expected to modify their behavior in order to avoid persecution. Although that particular appeal concerned the right of homosexuals in Iran and Cameroon not to be required to hide their sexuality, could the same principle be applied to political refugees who claim a right not to be expected to demonstrate a particular political opinion?

 

 

Duncan Lewis Congratulates Trio for Achieving Level 3 Immigration Accreditation (30 September 2010)

 

Duncan Lewis has an extensive team of immigration workers, consisting of immigration solicitors and specialists to provide help in a variety of different languages. All of our immigration team; solicitors, trainee solicitors and caseworkers will have completed their Law Society’s Immigration & Asylum Accreditation Scheme (IAAS), which is mandatory to perform immigration related work for legal aid clients.

 

 

Immigration department increases with 4 more level 2 immigration caseworkers joining Duncan Lewis (27 September 2010)

 

Duncan Lewis is proud to announce the growth of their immigration department with the addition of six more level 2 immigration accredited solicitors.

 

 

In limbo, with no end in sight - Naim Rahman comments on the recent case law entitling 45,000 people the right to work (5 August 2010)

 

‘ZO’ was a lone, vulnerable, young single female who had suffered truly terrible treatment in her home country of Somalia. Refused asylum on an initial application, she submitted a second claim based on previously unavailable evidence. This claim, once considered, was highly likely to result in a grant of leave to remain in the UK.

 

 

Duncan Lewis wins right to work for 45,000 people (30 July 2010)

 

An estimated 45,000 will be entitled to work in the UK as a result of the Supreme Court ruling in “ZO” – in a case brought by Duncan Lewis solicitors.

Delays in the time it takes for the UK Border Agency (UKBA) to process asylum claims causes hardship to thousands. These hardships were exacerbated by the inability to find lawful work during the time spent waiting for a decision.

 

 

Pre-permission cost disputes in Judicial Review on the rise (12 July 2010)

 

Costs issues regularly arise in the context of judicial review proceedings. Often, as the claimant is financed by the Legal Services Commission, the issue is not considered pivotal. However, given the significant financial costs in bringing the proceedings, this is problematic.

 

 

Remedies for detention in the fast-track process (12 July 2010)

 

Given that the right to liberty is accepted by all concerned as being at the very heart of the protection that the courts provide from the arbitrary power of the state, it is perhaps surprising that there is a dearth of authorities on the ambit of Saadi.

 

 

Duncan Lewis Immigration Service set to expand across London (6 July 2010)

 

Duncan Lewis’ Immigration Department is set to expand across all six of their offices. More than 120 immigration solicitors, trainees and caseworkers make up the current Duncan Lewis immigration team to cover three of their offices; Hackney, Harrow and Shepherds Bush.

 

 

Deportation and Duress (14 June 2010)

 

The state is understandably eager to deport foreign criminals; many foreign criminals, for their part, are equally eager to stay, often relying on an established family life within the United Kingdom.

 

 

Protecting Vulnerable People in Immigration Detention (14 June 2010)

 

Nearly 30,000 people are held in immigration detention in the UK every year. It has long been the Secretary of State (SSHD)’s own policy that those suffering from serious medical conditions or the mentally ill are normally considered suitable for immigration detention in “only very exceptional circumstances” .

 

 

Coalition unveils plan to send child asylum seekers back to Ahfghansit (14 June 2010)

 

Most of us hoped that the presence of the Lib Dems in the new government would see transference of at least some of their manifesto pledges on immigration into actual Government policy. However, one of the Coalition’s first announcements concerning asylum policy does much to dash these hopes.

 

 

Naim Rahman wins SAL Young Lawyer of the Year 2010 (12 May 2010)

 

Who says hard work and determination don’t pay off? Naim and colleagues attended the Society of Asian Lawyers 15th Annual Ball at the Mariott Grosvenor Square. The night was well attended and an enjoyable night was had by all. Naim who joined the firm in 2003 qualified as a solicitor in June 2006 was presented with the award for Young Lawyer of the Year 2010 by the Vice President of the Law Society of England and Wales, Linda Lee, and the Chairman of the Society of Asian Lawyers, Sundeep Bhatia. He is currently a Partner and Joint Head of the Public Law department, based at the Hackney office.

 

 

Forced Marriage: that Demned Elusive Age Restriction (19 April 2010)

 

On 15 February 2007, Professor Marianne Hester, Head of the Centre for Gender and Violence Research at the University of Bristol’s School for Policy Studies, delivered a report commissioned by the Home Office.

 

 

Escaping the Tyranny of Paragraph 320 (19 April 2010)

 

On the 1st April 2008, a Statement of Changes in the Immigration Rules came into force amending the general grounds for refusal of an application for Leave to Enter or Entry Clearance. The draconian reach of the new mandatory grounds for refusal has been subject to widespread criticism.

 

 

Good News from the ECJ – this time for Parents (19 April 2010)

 

Freedom of movement for EU workers and their families within Member States has long been established under EU law. Article 10 of the EC regulation provided that the members of the family of a migrant worker had the right to install themselves with that worker, irrespective of their nationality.

 

 

Fixed-Term Contracts and Overseas Workers (12 April 2010)

 

The Court of Appeal has ruled (Duncombe, Fletcher and others v Secretary of State for Children, Schools and Families) that staff regulations instituted by the board of governors of the ‘European Schools’, that restricted the period of employment of teachers to nine years, were unlawful as the rule could not be objectively justified as necessary under the EC Fixed-Term Workers Directive and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, which implement the Directive into UK law.

 

 

Immigration – Identity Cards for Foreign Nationals – Tier 2 (12 April 2010)

 

In November 2008, the UK Border Agency (UKBA) introduced a new system making it compulsory for migrants from outside the European Economic Area and Switzerland to obtain an identity card for foreign nationals (ICFN). Use of ICFNs is being introduced gradually by immigration application type.

 

 

UK Border Agency’s Legacy Exercise in disarray (19 March 2010)

 

Delays on the part of UK Border Agency under the Legacy Exercise and to resolve priority applications lead not only to frustration and anxiety on part of the applicants but may also lead to loss of unique talent, as a promising football player’s career is jeopardised by the unreasonable hold up in determining his application.

 

 

Removal without notice in the ‘best interests’ of Claimants ruled unlawful (19 March 2010)

 

The linked judicial reviews of the decisions of the Secretary of State for the Home Department by T and M [2010] EWHC 435 (Admin) were heard before Collins J on 18 February 2010 and the judgement is now available on BALLI1. This case will clearly be of great importance to Immigration and Public Law Practitioners in so far as it impacts upon the position of unaccompanied minors and the Dublin Convention. However the focus of this article is upon the findings of Mr Justice Collins in relation to same day removal.

 

 

How long must you wait? (22 February 2010)

 

On 8 February 2010, the Parliamentary and Health Services Ombudsman, Ann Abraham, published a report into the immigration system entitled Fast and Fair; She found that the UK Border Agency (UKBA) have shown “numerous examples of very poor customer service”. The majority of complaints made to the UKBA are from people who are facing “long delays awaiting a decision on their application”. She also found “consistent failures in responding to correspondence and complaints, mislaid files and poor record keeping, failure to manage customers’ expectations (or unreasonably raising them) and poor standards of advice and information…”

 

 

How Long must you wait? (22 February 2010)

 

On 8 February 2010, the Parliamentary and Health Services Ombudsman, Ann Abraham, published a report into the immigration system entitled Fast and Fair? She found that the UK Border Agency (UKBA) have shown “numerous examples of very poor customer service”. The majority of complaints made to the UKBA are from people who are facing “long delays awaiting a decision on their application”. She also found “consistent failures in responding to correspondence and complaints, mislaid files and poor record keeping, failure to manage customers’ expectations (or unreasonably raising them) and poor standards of advice and information….”

 

 

Managing Migration (22 February 2010)

 

In February 2008 the Points Based System (PBS) was introduced where it was described as ‘the biggest shake - up to the UK immigration system for forty years”. The PBS combines over 80 pre existing work and study routes into five categories, or “tiers”.

 

 

Permission to work? (22 February 2010)

 

There are thousands of foreign nationals in the United Kingdom anxious to take employment if given the opportunity to work, and many employers would welcome the skills and work ethic that they can
bring to the workplace. Employers are generally familiar, at least in outline, with the requirements of the Immigration Rules that apply to those that come to the United Kingdom for the purpose of taking
employment. In this series of articles we explore the position of those who may have the right to work in the United Kingdom, despite not entering for that purpose.

 

 

Managing Migration (22 February 2010)

 

In February 2008 the Points Based System (PBS) was introduced where it was described as ‘the biggest shake - up to the UK immigration system for forty years”. The PBS combines over 80 pre existing work and study routes into five categories, or “tiers”.

 

 

Permission to Work (22 February 2010)

 

There are thousands of foreign nationals in the United Kingdom anxious to take employment if given
the opportunity to work, and many employers would welcome the skills and work ethic that they can
bring to the workplace. Employers are generally familiar, at least in outline, with the requirements of
the Immigration Rules that apply to those that come to the United Kingdom for the purpose of taking
employment. In this series of articles we explore the position of those who may have the right to work in the United Kingdom, despite not entering for that purpose.

 

 

Immigration Rules and the Date of Decision (1 October 2009)

 

Applicants for leave under the Immigration Rules must meet the terms of those rules at the time that the application is decided, not the rules in force at the date the application is made

 

 

Protective Costs Orders approved by the House of Lords (1 October 2009)

 

Protective Costs Orders are something of a constitutional novelty, and the principles that govern their award, their ambit and even their very existence have been controversial

 

 

Immigration – Changes to the Points Based System: Tier 2 (1 September 2009)

 

As the Points Based System of Immigration beds in, the UK Border Agency (UKBA) has announced a number of changes and revised its guidance for employers and education providers who sponsor migrant workers and students

 

 

Immigration Status – Which Rules Apply? (1 July 2009)

 

The rules relating to the right of residence in the UK have been changing rapidly over the last few years, which has led to a considerable degree of uncertainty as to which rules apply in some circumstances

 

 

Immigration Status – Which Rules Apply? (1 July 2009)

 

The rules relating to the right of residence in the UK have been changing rapidly over the last few years, which has led to a considerable degree of uncertainty as to which rules apply in some circumstances

 

 

ACCA – POST STUDY WORKER APPEAL- AT TAYLOR HOUSE (1 April 2009)

 

The Appellant appealed against the refusal of his Tier 1 (Post Study Work) Migrant application.

 

 

New English Language Qualifications for Migrant Workers (29 April 2008)

 

The Department for Innovation, Universities and Skills has launched new English language qualifications for migrant workers and employers. The new English for Speakers of Other Languages (ESOL) for Work qualifications will make it easier for migrant workers to get the practical English language skills they are likely to need in the workplace.

 

 

New Rules for Students and Colleges (20 April 2008)

 

From 1 November 2007, certification under the Academic Technology Approval Scheme (ATAS) became a mandatory requirement within the Immigration Rules for students from non-EU/EEA countries who intend to enter or remain in the United Kingdom for more than 6 months to undertake postgraduate studies or research in certain designated subjects, such as certain science, engineering and technology disciplines.

 

 

Tougher Penalties for Hiring Illegal Workers (12 April 2008)

 

The Government is introducing new measures aimed at preventing illegal working in the UK. Under a new system of civil penalties, employers who negligently hire illegal workers could face a maximum fine of £10,000 for each illegal worker found at a business.

 

 

Managed Migration Services in the UK (26 February 2008)

 

Recently it has become difficult to enter the UK without valid papers, visas and job offers. Migration to UK has become confusing even for bona fide skilled professionals. They find it increasingly difficult to get business visa. Some are rudely subjected to deportation.