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EC presents its Migration Agenda to a divided Europe On 27 May 2015, the European Commission adopted the first proposals of its comprehensive plan to improve the management of migration across the EU. European leaders had earlier pledged solidarity among Member States to address the common migratory challenges, following an increase in the number of migrants attempting to cross the Mediterranean and the tragic loss of life since the start of 2015. It is estimated that over 1,800 people... Read more »
Tier 2 allocations close to the limit The Tier 2 (General) Restricted Certificate of Sponsorship's annual limit begins in April each year, with places released monthly and unused places carried over from the previous month. No places are carried over when the limit is reset the following April. Each year, in April, there seems to be a trend of relatively high demand for places. Therefore, in February 2015, the limit was rebalanced to increase the number of places available at the start... Read more »
The European Union (EU) is attempting to gain backing from the United Nations (UN) for its new policy for migrants at sea. This policy would allow the interception and destruction of vessels used for trafficking people across the Mediterranean. This policy comes amidst the current 'migration crisis'. Huge numbers of migrants travel from North Africa each year hoping to settle in Europe. The International Organisation for Migration (IOM) estimates that 21,000 migrants have reached Italy this... Read more »
UK extradition court accepts assurances over Russian prison conditions Today Senior District Judge Riddle, sitting at Westminster Magistrates' Court has refused the extradition of Igor Kononko to Russia to face trial on allegations of embezzlement, stating it would not be possible for Mr Kononko to receive a fair trial if returned. Gherson did not act in this case but the issues it raises are of significance to anyone facing extradition from Russia. The decision is significant as it is the... Read more »
Best interests of child should be priority in removal cases Immigration analysis: When will the court order the return of a child to the UK who has been unlawfully removed? Lee Jackson, barrister at Gherson Solicitors, says a recent case restates the central importance of the Secretary of State for the Home Department's (SSHD) statutory duty to treat the best interests of the child as a primary consideration. Original news RA (a child) and BF v SSHD What were the background... Read more »
Prime Minister announces new Immigration Bill Prime Minister David Cameron today announced https://www.gov.uk/government/speeches/pm-speech-on-immigration details of a new Immigration Bill to be included in the Queen's Speech on 27 May. This will contain a series of measures intended to control immigration and target illegal migration. According to the Prime Minister's Office's press release https://www.gov.uk/government/news/prime-minister-pledges-to-control-and-reduce-immigration,... Read more »
Battle for the Human Rights Act 1998 Begins "The rights protected by the [European] Convention [on Human Rights] and the [Human Rights] Act deserve to be protected because they are, as I would suggest, the basic and fundamental rights which everyone in this country ought to enjoy simply by virtue of their existence as a human being. Let me briefly remind you of the protected rights, some of which I have already mentioned. The right to life. The right not to be tortured or subjected to inhuman... Read more »
Sponsor Licences and CoS allocations There have been recent clarifications provided by the Home Office with regard to the requirements of obtaining a sponsor licence. It has been clarified that a Level 1 User has to be an employee of the business from the start of the application process. Furthermore, this Level 1 User has to be able to undertake day-to-day sponsorship activities, such as recording the employee's attendance at work, amongst other duties. Furthermore, the UKVI has preliminarily... Read more »
Court of Appeal sets out principles for Article 8 entry clearance cases In Secretary of State for the Home Department v SS (Congo) and Others , [2015] EWCA Civ 387 the Court of Appeal concluded that, following the Court's earlier decision in R ( on the application of MM (Lebanon) ) v SSHD [2014] EWCA Civ 985, there could still be cases where Article 8 ECHR might require that an individual who did not meet the requirements of the Immigration Rules should still be granted leave to enter (LTE).... Read more »
New Rules For Visitors To The UK A new set of rules has been introduced for those who wish to come to the UK as visitors which affects all applications submitted on or after 24 April 2015. These changes were brought about by the Statement of Changes to the Immigration Rules HC 1025. The new rules are set out in a new Appendix V and are accompanied by new sets of guidance. The stated objective of the new rules is to consolidate and clarify the rules for visitors by streamlining 15 visitor... Read more »
BRITISH MEDIA REPORTING ON MIGRANTS CAUSING INTERNATIONAL CONCERN The UN High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, has urged the UK to take action following a recent article in the Sun responding to the huge loss of human life of those attempting to make the crossing to Europe. The Sun article in question compares migrants to cockroaches and refers to them as 'feral humans.' Zeid is now calling on authorities, media and regulatory bodies to curb incitement of hatred. ... Read more »
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