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Archive for November, 2014
From 2 March 2015, new provisions of the Immigration Act 2014 will come in to force. The provisions will extend the marriage and civil partnership notice period from 15 days to 28 days for all couples in England and Wales marrying civilly or forming a civil partnership. In addition, a new referral and investigation scheme will also be implemented where the marriage involves a non-EEA national who could benefit in immigration terms. The new provisions state that a non-EEA national with limited... Read more »
Posted: 28 November 2014 | Author: Gherson Immigration | Comments (0)
The UK-US extradition treaty signed March 2003, came into force April 2007, following the US Senate's ratification of the Treaty. The terms, equivalent to those of the European Arrest Warrant, give power of extradition of a person for any offence with a minimum one-year sentence. In accordance with Articles 2 and 3 of the European Convention on Human Rights, the UK will refuse extradition for an offence punishable by the death penalty, except where "the Requesting State provides an assurance... Read more »
Posted: 28 November 2014 | Author: Gherson Extradition | Comments (0)
'You find that the embassies take a very dim view [of discrepancies in visa applications] -- and presume that someone has been dishonest without seeking clarification,' Bradbury says. 'We've had this type of situation on a number of occasions, and we've successfully appealed those decisions.' Bradbury works across the spectrum of UK immigration -- with particular expertise in HNW cases under the points-based system. These include a large number of 'very complicated' appeals, many of which... Read more »
Posted: 27 November 2014 | Author: | Comments (0)
'It's a more complex world today -- the high net worths have become a political game,' says Gherson. The Johannesburg-born, UK-educated lawyer founded his immigration practice in 1988, and quickly accumulated a large Asian clientele in the post-Tiananmen years, spending weeks at a time in Hong Kong helping HNWs emigrate before the handover to Chinese rule in 1997. He cracked the Russian market in 1992, another major break for a nascent firm. 'A lot of people thought I was crazy,' says Gherson.... Read more »
Posted: 27 November 2014 | Author: | Comments (0)
European Union (EU) rights associated with the free movement of persons principle have been the subject of considerable debate recently where particular emphasis has been placed on restricting such movement based on public security grounds. The free movement of persons is understood as one of the EU's four 'fundamental freedoms' and has developed in a sphere where European mobility and integration is considered a part of a dynamic and harmonised Common Market. Initially the concept was introduced... Read more »
Posted: 21 November 2014 | Author: Gherson Immigration | Comments (0)
Wheeler v The Office of The Prime Minister and the Secretary of State for the Home Department [2014] EWHC 3815 (Admin) There were chaotic scenes in the House of Commons on 10 November 2014 when the Government's long-promised vote on the European Arrest Warrant ("EAW") was revealed to in fact be a vote on 11 other EU Police and Criminal Justice measures which the Government intends to re-join prior to the 1 December 2014 deadline agreed under the terms of the Treaty of Lisbon. There was anger... Read more »
Posted: 21 November 2014 | Author: Gherson Extradition | Comments (0)
A Westminster Legal Policy Forum Keynote Seminar, supported by Gherson , will be held on 5th March 2015 in London. The seminar, entitled UK immigration - legislation, enforcement and next steps for policy , will focus on the implications of the recently passed Immigration Act , and the future of the UK's immigration policy and Immigration Rules . The conference will bring together key policymakers and Central Government officials with a wide range of interested stakeholder groups.... Read more »
Posted: 17 November 2014 | Author: Gherson Immigration | Comments (0)
On 10 November 2014 a much-anticipated vote on the UK's future involvement in EU Police and Criminal Justice measures, including the European Arrest Warrant descended into chaos. The government faced criticism from all sides of the house when it became clear that the paper before parliament did not in fact contain any reference to the European Arrest Warrant and only included 11 out of the 35 measures the government intend to re-join. The government sought to argue that the vote was in fact... Read more »
Posted: 14 November 2014 | Author: Gherson Extradition | Comments (0)
A recent report published by the Public Accounts Committee into the UK border and immigration system exposes particularly damning statistics of asylum backlogs in the Home Office. The report found a staggering 29,000 asylum applications remaining unresolved for a period of approximately 7 years, with almost half of these cases (11,000) not even receiving an initial decision on their asylum claims. The report highlights that the Home Office has failed to deal with the longstanding backlog of... Read more »
Posted: 13 November 2014 | Author: Gherson Immigration | Comments (0)
The participation of the United Kingdom in the European-wide Operation Mos Maiorum from 13 to 26 October 2014 will have gone largely unnoticed by the majority of the general public. Ignored by most of the mainstream media across the EU, Mos Maiorum was one of the first major acts of the Italian Presidency of the Council of the EU. The operation was announced on 10 July 2014, less than two weeks into the Italian Presidency. Led by the Italian Ministry of Interior Affairs and conducted in cooperation... Read more »
Posted: 07 November 2014 | Author: Gherson Immigration | Comments (0)
Last week it was reported that, over eight years after his death, the EU had lifted financial sanctions imposed against former Yugoslavian President Slobodan Milošević, his family and political associates. Milosevic faced charges of war crimes and crimes against humanity for his alleged central role in the wars in Bosnia, Croatia, and Kosovo during the 1990s. He also faced genocide charges over the 1992-95 war in Bosnia, in which 100,000 people died. He was found dead in his cell at The... Read more »
Posted: 07 November 2014 | Author: Gherson Extradition | Comments (0)
On 5 November 2014 the Supreme Court delivered its judgment in the case of VB; CU; CM and EN (Appellants) v Westminster Magistrates' Court; The Government of Rwanda; The Crown Prosecution Service (Respondents) and CMK (Interested Party) [2014] UKSC 59. The case stems from a second attempt by Rwanda to extradite the requested persons in connection with allegations of genocide, related inchoate crimes, crimes against humanity and public order and murder. In the extradition proceedings before... Read more »
Posted: 06 November 2014 | Author: Gherson Extradition | Comments (0)
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