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Public Law Articles
Prisoner voting and human rights (22 November 2012)
In an ill-considered move, David Cameron threw some red meat to the Tory back benches by indicating at Prime Minister’s question time on 24th October that his government would not allow prisoners to vote notwithstanding the results of appeals to the European Court of Human Rights. Parliament is now due to vote on the issue. In this article, we examine the cases that have brought the question of prisoner voting to the fore and the implications of the decision for the United Kingdom. Read more...
Urgent Removals and the need for restraint by the judiciary (20 November 2012)
On the 30 October 2012, His Honour Sir John Thomas, President of the QBD, handed down judgment in R oao Hamid v SS Home Department [2012] EWHC 3070 (Admin) giving guidance in relation to urgent Judicial Reviews relating to removals. Read more...
Trafficking and Unlawful Detention (20 November 2012)
Following our article dated 20 April 2012, on the Unlawful Detention of Chinese Foreign Nationals, permission to seek Judicial Review has now been granted for one of these cases. Read more...
Update on Italy Cases following EM (Eritrea) and Others (19 November 2012)
The ‘Italy cases’ centre on the application of Article 3(2) of the Dublin II Regulations and whether the conditions on return to Italy are in contravention of Article 3 ECHR. Read more...
Why are there no recent delay cases, has the UKBA resolved the legacy (20 September 2012)
Delay: Why are there no recent delay cases, has the UKBA resolved the legacy? Read more...
Challenging the Treatment of Victims of Trafficking in Immigration and Criminal Proceedings in the UK (10 August 2012)
This article considers the current status of victims of trafficking under UK Immigration and Criminal law. It addresses the fact that, while significant progress has been made in terms of the identification of victims of trafficking by the authorities, and several guidance documents have been issued for the CPS and UKBA in relation to the identification and treatment of victims, trafficking victims continue to be detained, prosecuted and harshly punished for offences which arose directly from their situation of trafficking. Read more...
Contempt of Court – second strike for the Home Secretary (13 July 2012)
The recent furore surrounding Foreign National Prisoners (FNP) and the debate over the basis upon which their appeals against deportation are allowed has recently been overshadowed in an unrelated incident relating to an FNP held within Immigration Detention. Read more...
Returns To Malta Under The Dublin Convention (28 June 2012)
Duncan Lewis has challenged the Secretary of State’s practice to remove asylum seekers to Malta under the Dublin Convention. The Defendant’s decisions to return those who came through Malta en route to claiming asylum in the UK are pursuant to the Dublin II Regulation (343/2003). Read more...
Misapplication of the law in the consideration of the welfare and the best interest of children (26 June 2012)
As per the article of 20 April 2012 on the statutory breach of the Secretary of State’s duty under Section 55 Borders, Citizenship and Immigration Act 2009, Duncan Lewis have initiated several challenges to the Secretary of State in this respect. However, more recently, cases have involved the misapplication of Section 55 and established case law. Even though the Secretary of State claims to have applied Section 55 and considered the best interest of children involved in accordance with relevant case law when issuing a decision to refuse leave, it is clear that she has repeatedly erred in the application of the law itself. Read more...
Breach of duty under section 55 of the Borders, Citizenship and Immigration Act 2009 (20 April 2012)
The failure to consider the best interests renders a decision unlawful and challenges by way of public law need to address the breach of the SSHD’s statutory duty under Section 55. Read more...
When is a refugee not a refugee? (20 April 2012)
Following the judgment of the Supreme Court in the case of R oao Saba Tesfamichael v Secretary of State for the Home Department, [2012] UKSC 12, handed down on the 21 March 2012, the Supreme Court have given further guidance following Hoxha and B v Secretary of State for the Home Department, [2005] UKHL 19. Read more...
Unlawful Detention Of Chinese Foreign Nationals (20 April 2012)
The public law team have recently been working with a number of Chinese nationals who are being detained under Immigration Powers for excessive periods (ranging between 12 months to 24 months), where the client has no prospect of removal under the R(Hardial Singh) v Governor of Durham Prison [1983] EWHC 1 (QB) principles. Read more...