MW197 : Removal and Right of Access to the Courts | Migration Watch UK
1 A recent decision of the High Court on judicial review has excited a considerable amount of media attention and criticism. Judgment was delivered by Mr Justice Silber on 26 July 2010 in the case of R. on Application of Medical Justice v. The Secretary of State for the Home Department [1] EWHC 1925 (Admin.). 2 Administrative removal […]
MW196 : The Court of Appeal Pronounces on the Immigration Rules | Migration Watch UK
1 The Court of Appeal on 23 June 2010 delivered its judgement in the case of Pankina v. Secretary of State for the Home Department [1] EWCA Civ. 719. The case arose from a technical question of compliance with particular requirements relating to the issue of work permits under the points based system but the Court in settling […]
Supreme Court greatly widens the scope of the Refugee Convention | Migration Watch UK
An analysis by our Honorary Legal Adviser, published today, shows how the recent ruling by the Supreme Court has extended the test for asylum claimed by a homosexual from “a well founded fear of persecution” to whether or not he has “a right to live freely and openly as a gay man” in his own country. […]
Migrationwatch media comment on today’s Supreme Court decision on gay applications | Migration Watch UK
The following can be attributed to Sir Andrew Green, Migrationwatch chairman, if you wish. ‘This could lead to a potentially massive expansion of asylum claims as it could apply to literally millions of people around the world. An applicant has now only to show that he (or she) is homosexual and intends to return and […]
MW173 : Asylum – The Supreme Court Allows Repetitious Appeals | Migration Watch UK
1 The new United Kingdom Supreme Court began to function from 1 October 2009 from the sumptuously refurbished Middlesex Guildhall on Parliament Square, opposite the Palace of Westminster. It took over the judicial function previously exercised by the House of Lords of being the final court of appeal for all courts in the United Kingdom. […]
The Independent – Another Apology | Migration Watch UK
“For a second time The Independent has been obliged to apologise and pay damages and costs to Sir Andrew Green, Chairman of Migrationwatch. This is despite the fact that on the first occasion, in February 2008, their apology recognised explicitly that “Sir Andrew Green and Migrationwatch, the think-tank he founded, are entitled to put forward an approach […]
Recent case law involving consideration of the European convention on human rights
In this paper are summaries of three recent cases which are of interest. In all three questions concerning the European Convention on Human Rights are prominent. The third case, summarised in paragraphs 10 to 17, is of particular concern. It is a decision of the European Court of Human Rights which may well have the […]
Recent Case Law on Asylum and Immigration
The government has recently suffered a number of setbacks in asylum and immigration cases in the High Court and Court of Appeal. Abbreviations In the next two cases summarised, abbreviations having meanings as set out below are used: ECHR – European Convention on Human RightsHIV – Human immuno-deficiency virusMOU – Memorandum of UnderstandingSIAC – Special Immigration […]
The Chindamo Case
1 Chindamo was born in Italy in 1980 of a Philippina mother and Italian father. His mother obtained a legal separation from the father on grounds of violent behaviour. She obtained a residence permit as an EEA national exercising Treaty rights and the appellant arrived in the United Kingdom with her in January 1987. In […]
New UK human rights laws needed to counter new threat | Migration Watch UK
The terrorist suspects arrested this week will be able to remain in Britain indefinitely and at public expense whether or not they are found guilty. That is the conclusion of a report issued today by think-tank Migrationwatch which also recommends that we pull out of the ECHR and write our own human rights law appropriate to the […]