Irremovability And Beating the Effect of the Remove Now, Appeal Later Provisions

Posted on December 19, 2016 by alicemuzira Standard Reply

Some claimants may prove irremovable from the UK for various reasons. The question then becomes, whether in light of the recent extension of the Section 94B certification power to non- deportation cases, it is possible to utilise Home Office policy itself to argue that the certification procedure is not appropriate in a given case.

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Valid Passport with the Home Office? Zimbabweans with no claims still very much removable from the UK

Posted on December 13, 2016 by alicemuzira Standard 2

Cases such as Babbage, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 148 and JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1773 are often understood by some to mean that any Zimbabwean national detained under UK immigration powers is irremovable. This is not correct. The Home Office have incrementally been detaining Zimbabwean failed asylum seekers upon reporting and some are indeed being removed forcibly to Zimbabwe.

The question that becomes relevant for Zimbabwe nationals who have no claims or appeals pending is this: have the Home Office retained the person’s valid and current passport at some point? If so, without a legal basis of being in the UK, the chances of resisting removal to Zimbabwe are very much significantly reduced.

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Can an EEA national be compulsorily transferred from the UK to serve his sentence in his own country?

Posted on October 21, 2016 by alicemuzira Standard Reply

The Upper Tribunal has sought to answer this question in the case of Restivo (EEA – prisoner transfer) Italy [2016] UKUT 449 (IAC).

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A NEW MANUAL ON WHAT TO EXPECT WHEN ENCOUNTERED BY THE HOME OFFICE

Posted on October 11, 2016 by alicemuzira Standard Reply

A readily accessible and detailed Manual which manoeuvres through the processes in relation to how and when certain persons may be encountered by the Home Office via home office enforcement visits, raids, through to absconder processes, search and seizure powers of the Home office, arrest and restraint powers of the Home Office, the types of Home Office interviews conducted upon encounter, encountering of adults at risk, how the Home Office gather information and much more. A simple click on each heading within the Manual will take you to the relevant section of interest.

a-manual-on-what-to-expect-when-encountered-by-the-home-office-pdf

New Immigration and Appeals Tribunal Fees Increase Guidance

Posted on October 10, 2016 by alicemuzira Standard Reply

Two separate sets of fees Guidance have been published catering for Home Office decisions dated between 19 December 2011 and 9 October 2016 and decisions made on or after 10 October 2016.

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Public Interest Considerations :Court of Appeal Gives Guidance On Concept Of “Precariousness”

Posted on August 5, 2016 by alicemuzira Standard Reply

In Rhuppiah v Secretary of State for the Home Department [2016] EWCA Civ 803, the Court of Appeal sought to deal with several matters at once as regards issues of interpretation of Sections 117A to 117D in Part 5A of the Nationality, Immigration and Asylum Act 2002 (as inserted by the Immigration Act 2014). What was in issue therefore was the public interest question – ie the question whether an interference with a person’s right to respect for private and family life is justified under Article 8(2) of the ECHR.

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