Trafficking: remedy against ’employer’?
22 March 2012
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In an interesting recent ruling, (Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801) the Employment Appeals Tribunal (EAT) considered an appeal from a trafficked domestic
In an interesting recent ruling, (Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801) the Employment Appeals Tribunal (EAT) considered an appeal from a trafficked domestic
The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of
He said it so sympathetically, it made it all the worse: “This is a fast moving area of law, we understand that, but you might
In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of
The Government has finally gotten around to amending the Immigration Rules to make them a bit less human rightsy looking. This follows a number of
The Hegelian dialectic is sometimes expressed as thesis followed by anti-thesis followed in turn by synthesis. Over time, compromise is the outcome. A tendency towards
The Government’s plan massively to increase the minimum income threshold required to sponsor family members to the UK came one step closer yesterday with the publication
My old pupil master, Ian Lewis, helpfully reminded me the other day that the deadline for the Human Rights Commission is approaching: 11 November 2011.
UPDATE: SEE LATEST POST. Following a hell of a lot of confused, confusing and anguished comments on my last post on Quila, I thought it
R (on the application of Elayathamby) v Secretary of State for the Home Department [2011] EWHC 2182 (Admin) (11 August 2011) The case concerned a challenge
The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a
Ever since the mysterious disappearance of the IAA Gender Guidelines from the old IAA website, there has been an absence of good guidance to immigration
I have had to redraft this post, which had been intended to be a good news story about a positive development at the UK Border
There are many illegal immigrants who have come forward to the Home Office, made themselves known, made an application to remain in the UK and
The European Court of Human Rights has just held that it is unlawful to send asylum seekers to Greece under what is widely known as
Yet more good news, this time for children and their parents. In LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) the
Some tremendously good news for many refugees: in the new case of FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC) the tribunal has found that
The Home Office has announced that Certificates of Approval will be scrapped in late 2010 or early 2011. This is a belated implementation of the
The related House of Lords decisions of June 2008 (Beoku-Betts, Chikwamba and EB (Kosovo)) should have brought about a sea change in the approach of
UPDATE: see proper post here with analysis. Sorry for the headline, which is in fact an accurate description of what has happened. Although from the
The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went
The Court of Appeal has again revisited the vexed question of removals to war torn countries like Somalia in the major new case of HH
BA (Nigeria) [2009] UKSC 7 in the Supreme Court did not create a right of appeal against refusal of a human rights claim. A right
This is another from last week’s luggage carousel – I’m still catching up, I’m afraid. In the case of JA (Ivory Coast) & Anor v
The Court of Appeal has given the Asylum and Immigration Tribunal another good ticking off. The case is AG (Eritrea) v SSHD and, frankly, is
In an interesting recent ruling, (Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801) the Employment Appeals Tribunal (EAT) considered an appeal from a trafficked domestic worker whose claim for unfair dismissal against her employer had been dismissed by the Employment Tribunal (ET). The ET had held that the contract of...
The Court of Appeal has in the case of Miah v Secretary of State for the Home Department [2012] EWCA Civ 261 rejected the idea of there being a free standing ‘near miss’ argument in immigration cases where the applicant falls just short of the requirements of the rules. As...
In D v Secretary of State for the Home Department [2012] EWCA Civ 39 (31 January 2012) the Court of Appeal upheld the determinations of both the First Tier and Upper Tribunals in finding the Maslov ‘very serious reasons for justifying the expulsion of a foreign national’ criterion (Maslov at...
The Government has finally gotten around to amending the Immigration Rules to make them a bit less human rightsy looking. This follows a number of pledges from David Cameron, Theresa May and Damian Green to do so. Paragraph 395C of the rules is to be deleted, as predicted here on...
The Hegelian dialectic is sometimes expressed as thesis followed by anti-thesis followed in turn by synthesis. Over time, compromise is the outcome. A tendency towards the middle ground can often be seen in human rights case law and immigration policy. A radical new case is handed down or law is...
The Government’s plan massively to increase the minimum income threshold required to sponsor family members to the UK came one step closer yesterday with the publication of a report by the Migration Advisory Committee (MAC). The full report can be accessed here. Analysis by Alan Travis of The Guardian can...
My old pupil master, Ian Lewis, helpfully reminded me the other day that the deadline for the Human Rights Commission is approaching: 11 November 2011. With Remembrance Day and International Corduroy Day, 11/11/11 is going to be busy. The discussion paper for the Commission can be found here. The cat...
R (on the application of Elayathamby) v Secretary of State for the Home Department [2011] EWHC 2182 (Admin) (11 August 2011) The case concerned a challenge to the removal of a mandate refugee to the Republic of Cyprus under the Dublin Regulations II. In a judgment by Mr Justice Sales,...
The cases of Sufi and Elmi v UK (Applications nos. 8319/07 and 11449/07) have been allowed by the European Court of Human Rights. This is a major judgment on return to Somalia and the conditions there. The press release can be found here and the judgment here (Word version here, BAILII version...
Ever since the mysterious disappearance of the IAA Gender Guidelines from the old IAA website, there has been an absence of good guidance to immigration judges on gender issues in an immigration context. The Equal Treatment Benchbook has a very good chapter on women and equality generally but it does...
There are many illegal immigrants who have come forward to the Home Office, made themselves known, made an application to remain in the UK and then been refused and politely asked to leave the country. Nothing wrong with that, you might think. There are in fact two very serious problems,...
The European Court of Human Rights has just held that it is unlawful to send asylum seekers to Greece under what is widely known as the ‘Dublin II’ Regulation for their asylum claims to be processed there. The case is MSS v Greece and Belgium, no. 30696/09, 21 January 2010...
Yet more good news, this time for children and their parents. In LD (Article 8 best interests of child) Zimbabwe [2010] UKUT 278 (IAC) the President of the Immigration and Asylum Chamber of the Upper Tribunal has found that the UN Convention on the Rights of the Child is highly...
Some tremendously good news for many refugees: in the new case of FH (Post-flight spouses) Iran [2010] UKUT 275 (IAC) the tribunal has found that Article 8 appeals by the spouses of refugees who married the refugee after the refugee left the country of origin should normally be allowed. Ever...
The Home Office has announced that Certificates of Approval will be scrapped in late 2010 or early 2011. This is a belated implementation of the House of Lords judgment in Baiai, handed down exactly two years ago tomorrow, in which their Lordships held that the scheme requiring foreign nationals to...
The related House of Lords decisions of June 2008 (Beoku-Betts, Chikwamba and EB (Kosovo)) should have brought about a sea change in the approach of the Home Office and the immigration tribunal to human rights issues. While there have been improvements in the respect given to fundamental human rights, there...
UPDATE: see proper post here with analysis. Sorry for the headline, which is in fact an accurate description of what has happened. Although from the half of the judgment I’ve managed to read so far, their Lordships prefer to refer to ‘practising homosexuals’. A bit like the apocryphal ‘popular beat...
The appeal against the Home Office interpretation of the Points Based System has succeeded in the Court of Appeal. Regular readers may remember I went along to and reported on part of the hearing. The case is Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719....
The Court of Appeal has again revisited the vexed question of removals to war torn countries like Somalia in the major new case of HH (Somalia) v Secretary of State for the Home Department [2010] EWCA Civ 426. The issues at stake have also been the subject of a major...
BA (Nigeria) [2009] UKSC 7 in the Supreme Court did not create a right of appeal against refusal of a human rights claim. A right of appeal to the tribunal can only ever exist where an ‘immigration decision’ is made, as exhaustively and (almost*) exclusively defined at section 82...
This is another from last week’s luggage carousel – I’m still catching up, I’m afraid. In the case of JA (Ivory Coast) & Anor v Secretary of State for the Home Department [2009] EWCA Civ 1353 the Court of Appeal has allowed the appeal of a woman with HIV/AIDS (albeit...
The Court of Appeal has given the Asylum and Immigration Tribunal another good ticking off. The case is AG (Eritrea) v SSHD and, frankly, is probably of no interest whatsoever to anyone except geeky immigration lawyers such as myself. However, it’s another piece of objective proof that the current AIT...