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Archive for March, 2015

Changes to visitor rules revealed

Changes to visitor rules revealed The new Statement of Changes to the Immigration Rules HC 1025 on 26 February 2015 revealed changes to the visitor rules, which were promised by the Home Secretary Theresa May last month. The new provisions of the Immigration Rules will apply to any visitor visa application made on or after 24 April 2015. It was promised that the changes would overhaul Britain's visitor visa system to make the UK more attractive to businesses and reduce the visitor visa types... Read more »

Posted: 30 March 2015 | Author: Gherson Immigration | Comments (0)

SUPREME COURT FINDS JAMAICA'S INCLUSION ON WHITE LIST TO BE UNLAWFUL DUE TO PERSECUTION OF HOMOSEXUALS

SUPREME COURT FINDS JAMAICA'S INCLUSION ON WHITE LIST TO BE UNLAWFUL DUE TO PERSECUTION OF HOMOSEXUALS In a case concerning a gay Jamaican asylum-seeker, R (on the application of Jamar Brown (Jamaica)) v Secretary of State for the Home Department [2015] UKSC 8 https://www.supremecourt.uk /decided-cases/docs/UKSC_2013_0162_Judgment.pdf , the UK's highest court, the Supreme Court, has upheld a decision by the Court of Appeal that the inclusion of Jamaica on the safe countries of origins list,... Read more »

Posted: 27 March 2015 | Author: Gherson Immigration | Comments (0)

Report of Inquiry into the Use of Immigration Detention in the UK

Report of Inquiry into the Use of Immigration Detention in the UK A Joint Inquiry by the All Party Parliamentary Group on Refugees and the All Party Parliamentary Group on Migration has published a report into the use of immigration detention in the UK. The inquiry collected data and evidence from a wide selection of individuals and organisations; including the Immigration Minister, academics, charities and people who had experience of being detained. It concentrated its focus on the conditions... Read more »

Posted: 26 March 2015 | Author: Gherson Immigration | Comments (0)

Chinese anti-corruption chief to approach USA to seek cooperation to extradite allegedly corrupt officials

Chinese anti-corruption chief to approach USA to seek cooperation to extradite allegedly corrupt officials China's Operation Fox Hunt shows no signs of slowing down in the near future. Wang Qishan, who heads the Communist party's Central Commission for Discipline Inspection and has masterminded the unprecedented anti-corruption drive that has defined President Xi Jinping's first two years in power, is reported to be planning a diplomatic mission to the United States later this year. Mr.... Read more »

Posted: 25 March 2015 | Author: Gherson Extradition | Comments (0)

Wyatt v Vince

Wyatt v Vince A landmark Supreme Court decision has major implications for lawyers advising clients with a former spouse whose financial situation has changed greatly since divorce. In Wyatt v Vince, the court ruled that the ex-wife of energy supplier Ecotricity's founder could proceed with a claim against her now wealthy former husband, even though it is more than 20 years since they divorced. The ruling appears to pave the way for anyone without a completed financial order to bring... Read more »

Posted: 23 March 2015 | Author: Gherson Immigration | Comments (0)

Complexity of Immigration Law Faces Judicial Criticism

When publishing a landmark report on overhauling the civil justice system in the United Kingdom Lord Woolf stated that 'in order to ensure access to justice' the system should, amongst other things, 'be understandable to those who use it'. There has been growing concern that the manner and speed in which Immigration law has been changed has put it beyond the comprehension of many of those who are governed by it; not just applicants who must comply with it but members of the judiciary who are... Read more »

Posted: 23 March 2015 | Author: Gherson Immigration | Comments (0)

New Extradition bar likely to "torpedo" many Italian European Arrest Warrants in the UK

The Administrative Court has recently considered the operation of the relatively new bar to extradition contained in s.12A of the Extradition Act 2003. The bar, which came into force in July 2014, prevents extradition in the absence of a decision to charge or try the requested person where the lack of such a decision is not solely due to their absence from the requesting territory. It is designed to ensure that those extradited under 'accusation' European Arrest Warrants should not be subject... Read more »

Posted: 23 March 2015 | Author: Gherson Extradition | Comments (0)

2015 EU Justice Scoreboard Published

The European Commission has just published its 2015 EU Justice Scoreboard. This is the third edition of this annual report, which aims to identify indicators and trends in relation to the justice systems of the EU. The report focuses on three key areas: • The efficiency of justice systems; • The quality of justice systems; • The independence of the judiciary. A lack of data from all member states makes it difficult to effectively compare the efficiency of judicial systems... Read more »

Posted: 19 March 2015 | Author: Gherson Extradition | Comments (0)

Russia signs the Fourth Additional Protocol to the 1957 European Convention on Extradition

Russia signs the Fourth Additional Protocol to the 1957 European Convention on Extradition On 24 February 2015 the Russian Federation became the seventeenth country to sign the Fourth Additional Protocol to the European Convention on Extradition. The 1957 European Convention on Extradition provides for extradition arrangements between its 50 signatories. The Convention is signed by all 47 members of the Council of Europe i.e. Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia... Read more »

Posted: 19 March 2015 | Author: Gherson Extradition | Comments (0)

The House of Lords Select Committee on Extradition Law published its report on 10 March 2015

The House of Lords Select Committee on Extradition Law published its report on 10 March 2015. After receiving 93 written responses the committee sat through 16 sessions of public evidence, hearing live evidence from 43 witnesses. The report is a wide ranging yet comprehensive and up to date overview of Extradition Law. It focuses on many issues that extradition gives rise to and deals with concerns that have been voiced across the profession, by the media and the general public. The list of... Read more »

Posted: 18 March 2015 | Author: Gherson Extradition | Comments (0)

A short guide to SISII - The Schengen Information System

What is it and when did the UK join? The Schengen Information System, now in its second generation and known as 'SISII', is a pan-European database that facilitates the real-time sharing of information and alerts between the relevant authorities in participating countries. SISII in allows the circulation of alerts and information relevant to criminal justice and law enforcement purposes but also in relation to border control and immigration services. However, immigration alerts are only... Read more »

Posted: 17 March 2015 | Author: Gherson Extradition | Comments (0)

China increases efforts to extradite allegedly corrupt officials

China increases efforts to extradite allegedly corrupt officials China has signalled its desire to intensify its international search for allegedly corrupt officials who have fled abroad to avoid prosecution. In an annual report the Chinese Procurator-General Cao Jianming commented on recent successes in the extradition of fugitives to China. A 'Fox Hunt' operation was launched in July 2014 to search for allegedly corrupt officials and have those still at large repatriated. Earlier reports... Read more »

Posted: 12 March 2015 | Author: Gherson Extradition | Comments (0)

Gherson sponsor Westminster Legal Policy Forum on UK Immigration

Gherson sponsor Westminster Legal Policy Forum on UK Immigration Gherson sponsored a very successful Westminster Legal Policy Forum on UK Immigration yesterday. There were a number of panellists from across the board including Baroness Hamwee, David Hanson MP and representatives from the NHS, Study UK, JCWI and the Residential Landlords Association, amongst others. The first half of the morning was chaired by Professor Elspeth Guild, Co-Chair of the European Sub Committee, ILPA and the second... Read more »

Posted: 06 March 2015 | Author: Gherson Immigration | Comments (0)

EUROPEAN COURT RULES FOR FIRST TIME ON USE OF HIDDEN CAMERAS BY JOURNALISTS

EUROPEAN COURT RULES FOR FIRST TIME ON USE OF HIDDEN CAMERAS BY JOURNALISTS The European Court of Human Rights has examined for the first time in Haldimann and Others v Switzerland (application no. 21830/09), 24 February 2015 , the use of hidden cameras by journalists to provide public information on a subject of general interest, whereby the person filmed was not targeted in any personal capacity but as representative of a particular professional category. Aside from the practical question... Read more »

Posted: 06 March 2015 | Author: Lee Jackson | Comments (0)

Did the Home Office intend to jeopardise the Tier 1 Investor category?

Did the Home Office intend to jeopardise the Tier 1 Investor category? On 26 February 2015, the Government announced further sweeping changes to UK immigration law in a new Statement of Changes to the Immigration Rules ("the Rules"). The changes run to some 215 pages. An Explanatory Memorandum accompanies the Statement of Changes, in which the Home Office issues an apology for not providing the normal 21 days' notice: instead, the notice period was just one weekend because the changes generally... Read more »

Posted: 03 March 2015 | Author: | Comments (0)

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