Author: paulerdunast

paulerdunast

paulerdunast

On 1 February 2018, the High Court decided that the Home Secretary had discriminated against two Muslim men as a result of conditions at Brook House Immigration Removal Centre. For the immediate reaction to this case, this news piece by the BBC is worth reading, but we have only just...

20th February 2018
BY paulerdunast

Around 1.3 million British citizens are currently settled in other EU member states, but do not have citizenship of those countries. Just like EU citizens living in the UK, they can do this by relying on free movement rights granted by the EU. Speaking precisely, Article 20 of the Treaty...

8th February 2018
BY paulerdunast

Taskiran v Secretary of State for the Home Department [2017] EWHC 2679 (Admin) is a sad case. A web of domestic immigration law and international agreements have resulted in Mr Taskiran undergoing almost four years of immigration detention, which the court found legal. Mr Taskiran was brought to the United Kingdom...

7th November 2017
BY paulerdunast

Majid Shiri, an Iranian national, arrived in Austria through Bulgaria in 2015. He made an asylum claim in Bulgaria in February of that year but claimed asylum in Austria the following month. The Austrian authorities asked Bulgaria to take Mr Shiri back under the Dublin III Regulation, which ‘take back request’...

1st November 2017
BY paulerdunast

In ND & NT v Spain, the European Court of Human Rights decided that the expulsion of two sub-Saharan migrants from a set of barriers surrounding the Spanish territory of Melilla breached their rights under Article 4 of Protocol 4 ECHR (prohibition of collective expulsions of aliens) and Article 13...

10th October 2017
BY paulerdunast

Ovidiu-Mihaita Petrea emigrated from Romania to Greece, ready to build a new life there. However, he made a big mistake: he committed robbery and was sentenced by a Greek criminal court in 2011. The case is C-184/16 Ovidiu-Mihăiţă Petrea v Ypourgos Esoterikon kai Dioikitikis Anasygrotisis. Page contentsExclusion order and returnCJEU decisionWhat does this...

5th October 2017
BY paulerdunast

“Oh dear. Oh dear. Oh dear.” This was the introductory paragraph of Upper Tribunal Judge Wikeley in AF v SSWP (DLA) (No.2) [2017] UKUT 366 (AAC). When a judge expresses himself in this manner – and when the Secretary of State for Work and Pensions supports all three grounds of appeal...

29th September 2017
BY paulerdunast

Banks and building societies are to carry out immigration checks on a reported 70 million bank accounts in accordance with the Immigration Act 2016, amending the Immigration Act 2014. The provision ordering this will come into force on 30 October 2017. Regulations introducing a code of practice have been laid down. For...

26th September 2017
BY paulerdunast

The Court of Appeal in GD (Ghana) [2017] EWCA Civ 1126 explained once again what effect residence orders granted by a Family Court have on immigration matters, and criticised both representatives in the First-Tier Tribunal for failing to put the relevant law to the Tribunal. The ‘residence order’ regime has now...

8th August 2017
BY paulerdunast
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