MW349 : Legacy Cases – The Court of Appeal Pronounces | Migration Watch UK
1 A recent Court of Appeal decision, SH (Iran) and another v Secretary of State for the Home Department [1] EWCA Civil 1469 has sought to put an end to a series of cases on Legacy decisions in asylum applications. A summary of what is meant by Legacy cases is given in paragraph 5 of the judgment […]
MW274 : Supreme Court Rules on the Powers of the Home Secretary | Migration Watch UK
1 Two recent decisions of the Supreme Court are an important source of guidance on the scope of the Home Secretary’s powers to exercise immigration control. The first case discussed below emphasises the necessity of including in the Immigration Rules (which have to be laid before Parliament) any requirements material to regulating the entry into […]
MW295 : Legal Aid in Immigration and Asylum Cases | Migration Watch UK
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. 1 Restrictions on the availability of legal aid are imposed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. the provisions […]
MW291 : Convicted Foreign Criminals and the Right to Family Life | Migration Watch UK
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 […]
MW285 : Bill of Rights – Commission’s Report | Migration Watch UK
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 that its terms […]
MW275 : Recent Supreme Court Cases | Migration Watch UK
1 In its judgment in the case of RT (Zimbabwe) and others v. Secretary of State for the Home Department [1] 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 […]
MW251 : European Convention on Human Rights (ECHR) – Article 8 | Migration Watch UK
This Article states: 1 Everyone has the right to respect for his private and family life, his home and his correspondence. 2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the […]
MW237 : Commission on a Bill of Rights | Migration Watch UK
Migration Watch Response to Public Consultation The coalition government is committed to introducing a Bill of Rights, presumably to replace the present European Convention on Human Rights, though the government’s precise intentions in this regard have not been made clear. Pursuant to this commitment the government has set up a new quango, the Commission on […]
MW220 : Removal from the United Kingdom and the Rights of Children | Migration Watch UK
The Supreme Court Pronounces The Supreme Court has recent given judgment in the case of ZH (Tanzania) v. Secretary of State for the Home Department [2011] UKSC 4. The main judgment was delivered by Lady Hale, the only woman member of the Court, with whom Lord Brown and Lord Mance agreed. The case is the […]
MW225 : Judicial Review in the Tribunal | Migration Watch UK
1 A recent ministerial statement by Jonathan Djanogly MP, Parliamentary Under-Secretary of State for Justice, extends the process of bringing asylum and immigration appeals within the unified Tribunal system established under the Tribunals, Courts and Enforcement Act 2007. This process is described in detail in Legal Paper MW 159. It began in February 2010 with […]