Monthly Archives: January 2018
When a deportee makes a fresh claim on family life grounds: Best interest of a British child, the evidence and Paragraph 353 examined by the Admin Court
In an unusual case, concerning a foreign national criminal, where the effect of deportation was intended to separate mother from British child, in MG, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 31 (Admin) , the Administrative Court concluded that the Secretary of State’s refusal to treat the Claimant’s submissions in relation to her relationship with her daughter as a fresh claim in light of the evidence submitted was irrational and should be quashed and re-taken.
What you need to know to submit a successful application for indefinite leave to remain as a victim of domestic violence
Paragraph 289A, Part 6 of Appendix Armed Forces and section DVILR of Appendix FM of the Immigration Rules allow those who have leave in the UK as the partner of someone with the right of permanent residence and whose relationship has genuinely broken down, because of domestic violence, during their probationary period of leave, to be granted indefinite leave to remain.
To qualify for indefinite leave to remain as a victim of domestic violence the applicant must meet the requirements set out in Part 8 of the Immigration Rules or Appendix FM or Appendix Armed Forces to those Rules.
The UK Government’s single power of immigration bail: Keeping immigrants on a tight leash
On 15 January 2018, the Immigration Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2017 No. 1241, commenced Sections 61(1) and (2) and 66 of the 2016 Act and the majority of the immigration bail provisions set out in Schedule 10 to the 2016 Act.
Schedule 10 replaced the various pre-existing alternatives to detention (temporary admission, temporary release on bail and release on restrictions) by a single power to grant immigration bail.
Following commencement of the provisions in Schedule 10, any person at liberty in the community on the basis of one of the previous alternatives to detention provisions is now to be treated as having been granted immigration bail, subject to the same conditions, under the single bail power. Accompanying the new provisions is new Guidance, Immigration bail.
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All you need to know: Prohibition on opening and closure of current accounts for those without leave to enter or remain in the UK
Banks and building societies are not permitted to open current accounts for persons in the United Kingdom who require leave to enter or remain but do not have it.
The Secretary of State’s position is that such persons should not be provided with access to banking services.