Qays’s Corner: The up and coming young Immigration Blogger

My ruminations of 13 May 2016:

 

“It is a matter of personal choice, where having  gone through all that legal training and  acquired  a bit of valuable practical  experience, whether interested  solicitors/lawyers have the gumption to  undertake  legal blogging in their own right. That  is,  with a  view to  appropriately expressing  themselves,  set up  a blog site in their own personal capacity.

 

With so many changes being brought in by  the  UK government in the area of immigration and asylum year after  year,  including  publication   of new caselaw with seeming dizzying frequency,   there will always be  much to write about  either by way of simplification  of the law or  its  critique”- Why are more immigration and asylum solicitors/ practitioners not blogging in their own personal capacity?

 

Qays Sediqi, an up and coming young Immigration Lawyer has taken up the mantle and chosen to independently foray into immigration blogging.  In Qays’s own introductory words:

 

“Qays’s Corner, A dose of Immigration Law

 

My name is Qays Sediqi and I specialise in immigration law. Join me on my journey to raise more awareness on immigration law issues by discussing new immigration policies/regulations/case law”.

 

Enjoy Qays’s first blog post on Victims of Modern Slavery:

https://qaysscorner.wordpress.com/2018/09/09/pk-ghana-the-silver-lining-for-victims-of-modern-slavery/

 

 

Straightjacket effect of MS(Pakistan): The problem of the First Tier Tribunal’s restricted approach to negative trafficking decisions

Would the Tribunal have found themselves in the straight jacket that the Court of Appeal has clothed it with had the Upper Tribunal not “exceeded it’s jurisdiction” or “ overreached itself” as concluded by the Court in The Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 594?

 

The appeal in MS in the Court of Appeal raised an issue of principle as to the jurisdiction of the First-tier Tribunal and the Upper Tribunal on a statutory appeal under section 84 of the Nationality, Immigration and Asylum Act 2002 Act to undertake an indirect judicial review of a negative trafficking decision made by the Secretary of State in that individual’s case. In that context, the appeal was noted to concern the scope and effect of the previous decision of the Court of Appeal in AS (Afghanistan) v Secretary of State for the Home Department [2013] EWCA Civ 1469.

 

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Political hot potato: Home Office refuses to disclose whether the Zimbabwean government will now issue ETD’s to non-consenting undocumented returnees

The subject of whether the Zimbabwean government has now made a U-turn from Mugabe’s previous position of refusing to accept unwilling Zimbabwean returnees without valid national passports, seems too hot to handle.

 

“A Response from the UK Government is long overdue, with stated reasons on 25 July 2018 being that, “ this is due to internal delays with our FOI process”.    It therefore remains to be seen, which if any, of the questions raised will be addressed by the Home Office in response”, was the conclusion to the recent blog post of 3 August 2018, The impact of Mnangagwa’s win upon UK based Zimbabwean asylum claimants

 

As I suspected, the Home office have refused to provide disclosure to any of the questions asked as regards whether there is now in practice an agreement between the UK and Zimbabwean government of enforcing returns of non- consenting undocumented Zimbabweans. The irksome problem for the UK government arising from their inability to enforce returns for such persons is summarized in a previous recent blog post: Is Mnangagwa’s New  Government paving the way for  UK mass removals of failed Zimbabwean Asylum Claimants ?

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The Preliminary Information Questionnaire: Are we headed back to an increased use of non-compliance based asylum refusal decisions?

The SEF is back! Not as we know it, but under the guise of the Preliminary Information Questionnaire(PIQ). The Home Office have in recent weeks been sending out the questionnaire to a good number of adults who have claimed asylum, been screened but are yet to be substantively interviewed.

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The impact of Mnangagwa’s win upon UK based Zimbabwean asylum claimants

For those that dared to hope and dream that the July elections in Zimbabwe would result in a win for the opposition…….. it’s now time to wake up.  ZANU(PF) remains in power.

 

Whether or not the MDC Alliance will challenge President Emmerson Mnanganwa’s triumph over Nelson Chamisa, the practical reality is that ZANU(PF), as usual, has floored the opposition and maintained it’s tight hold on power.

 

Mnangagwa’s triumph however is bitter sweet. The façade of peace and non- violence that he sought to painstakingly present since last November has fully fallen away.  It took only 8months to do so.  Just when it was thought the elections would pass peacefully so as to legitimatise a Government brought about by a coup, violence and death came knocking. The ever present monstrous side of ZANU(PF) raised it’s ugly head. On 1 August 2018, the Zimbabwean government sanctioned the use of the Zimbabwean army, which with a show of violent force, shot and killed its own citizens. Why? Some opposition supporters had come out in protest over perceived rigging and delays in announcing the Presidential elections results.

 

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Undocumented Zimbabweans who have been irremovable for lack of a valid passport or ETD: Should the UK Government regularise their status?

There is a world of difference between advising a person on what they need to hear as opposed to what they want to hear.  The difference is essential- correct advice results in the taking of proper effective steps to counter and solve a particular legal problem.   Presentation of grossly sugar-coated advice simply so as to make it palatable to the hearer, in particular in the subject area of enforced removals, has the real potential of depriving a claimant of the proper advice they need in order to galvanise them into much needed action earlier on.

 

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