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What would happen if the UK withdrew from the European Court of Human Rights?

By Adam Wagner, UK Human Rights Blog, 03 March 2013
Today's Mail on Sunday reports that the Home Secretary is to announce "soon" that the Conservative Party's election manifesto for 2015 will include a pledge to withdraw from the European Court of Human Rights if the party obtains an overall majority. I thought it would be useful to…

Burmese Country Guidance case found legally flawed

By Colin Yeo, Free Movement, 19 February 2013
The Court of Appeal has in the case of KS (Burma) v Secretary of State for the Home Department [2013] EWCA Civ 67 found that the 2009 Country Guidance case of TL (Sur Place activities-risk) Burma [2009] UKAIT 00017 was legally flawed, effectively overturning it in what had become a proxy…

Another critique of the new Immigration Rules' codification of Article 8

By Rosalind English, UK Human Rights Blog, 05 February 2013
Izuazu (Article 8 – new rules) Nigeria [2013] UKUT 00045 (IAC) The Upper Tribunal has concluded that new Immigration Rules do not adequately reflect the Secretary of State's obligations under Article 8 of the ECHR. This is the second determination of the "fit" between the immigration…

Court of Appeal grapples with Zambrano

By Colin Yeo, Free Movement, 17 January 2013
The decision of the Court of Justice of the European Union in Zambrano requires a lot of explaining. The process of seeking to understand its impact will continue for some time at an EU level and domestically. In Harrison (Jamaica) v Secretary of State for the Home Department [2012] EWCA…

Deport first, appeal second

By Adam Wagner, UK Human Rights Blog, 06 January 2013
In a wide-ranging interview with the Sunday Telegraph, the Prime Minister has previewed a new 'deport first, appeal second' approach to deportation cases: … in specific response to the never-ending Abu Qatada case, and vexatious use of the European Convention on Human Rights, the PM is…

Book review: The role of lawyers in the battle for the rights of migrants

By Don Flynn, Migrants' Rights Network, 03 December 2012
Migrant community organisations have often found it difficult to get a fair hearing from mainstream British civil society. Because of this the law has had to do a lot of the heavy lifting. In this important new account of the legal fight for migrant rights, Frances Webber explains why the…

A war on Judicial Review?

By Adam Wagner, UK Human Rights Blog, 19 November 2012
The Prime Minister is to "get a grip" on people forcing unnecessary delays to Government policy by cracking down on the "massive growth industry" of Judicial Review. David Cameron told business leaders today: "When this country was at war in the 40s, Whitehall underwent a revolution. ……

Translation of Singh v Belgium

By Colin Yeo, Free Movement, 14 November 2012
After seeing the Strasbourg case of Singh v Belgium (33210/11) highlighted here on Free Movement, Balkrishna Gurung of Howe + Co Solicitors (with assistance from David Saldanha) has commissioned a translation and offered to share it with blog readers. Many thanks! The key paragraphs…

Last minute judicial reviews: warning

By Colin Yeo, Free Movement, 14 November 2012
The President of the Queens Bench Division, Sir John Thomas, has issued a dire warning to solicitors applying for last minute judicial reviews and injunctions in immigration cases. The comments come in the case of R (on the application of Hamid) v Secretary of State for the Home…
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