The Supreme Court has just recently notified the very interesting case of Mirga (Appellant) v Secretary of State for Work and Pensions (Respondent); [2016] UKSC 1 Samin (Appellant) v Westminster City Council (Respondent) [2016] UKSC .
Category Archives: Deportation
EEA Deportations: Enhanced Levels of Protection And Periods of Activity, Residence and Imprisonment
The Court of Appeal’s recent decisions in Warsame v The Secretary of State for the Home Department [2016] EWCA Civ 16 and Secretary of State for the Home Department v Vassallo [2016] EWCA Civ 13 considered the circumstances in which reliance can be placed upon enhanced levels of protection provided within the Citizen’s Directive in relation to expulsion of EEA nationals subject to deportation proceedings.
The central question in Vassallo was whether the Tribunal was correct in law to find that Mr Vassallo had acquired a right of permanent residence. The Court of Appeal having full regard to the Citizen’s Directive, relevant CJEU caselaw and the 2006 EEA Regulations, decided that having regard to the character of the EEA national’s residence in the UK, after a historical accrual of the requisite 5years, and despite Mr Vassalo having resided in the UK for over 50years, no right of permanent residence could be relied upon.
Are the Rights Afforded to Victims of Trafficking(and Modern Slavery) Illusory In Comparison To Those Applicable to Refugee Protection?
Recent changes in the law mean that in England and Wales, Competent Authority decision makers must decide whether, if someone is not a victim of trafficking ,they are nonetheless a victim of another form of modern slavery. Therefore in addition to victims of trafficking, Modern Slavery includes victims of slavery, victims of servitude and victims of forced or compulsory labour.
Humanitarian Protection: An Alternative to Refugee Protection
Although strictly speaking, the definition of ’protection claim’ refers to a claim that removal of the claimant from the United Kingdom would breach the United Kingdom’s obligation under the Refugee Convention or in relation to persons eligible for a grant of humanitarian protection, there are also other forms of protection a claimant may seek to place reliance upon such as:
- Article 3 protection( e.g based upon medical grounds, general country conditions or prison conditions );
- Protection provided to those who are stateless;
- Protection provided to those who been subject to trafficking
The consideration of claims for humanitarian protection is however quite different from other forms of protection having regard to the interpretation of the relevant originating provisions including the criteria that an applicant must fall into.
RECOGNITION AS STATELESS IN THE UK : A FORM OF PROTECTION
Statelessness can result in a denial of human rights. Recognition of a person as stateless provides them with an internationally recognised legal status and an ability for access to travel documents. However, the law in relation to statelessness can be complex both in terms of submission of applications to the Home Office and in challenging resulting adverse decisions from the Secretary of State.
Home Office Attempt to Subvert the EEA Legislative Scheme Fails: EEA Permanent Residence Not Lost By Reason of Criminality or Imprisonment
The Home Office have recently been on a downward streak in the Court of Appeal in terms of issues in relation to EEA law and in particular EEA deportations.
Read my post regarding the recent judgments from the Court of Appeal on the issue in the cases of:
- Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198
- Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245
- AA (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 1249