Understand Your Legal Rights

Government’s Proposal Post Brexit

The Government has confirmed that Free Movement will continue should the UK leave without a deal on 31st October 2019. It has now drafted a formal proposal on what EU nationals will need to do to come to or remain in the UK post Brexit European Union, EEA and Swiss national, moving to the UK after Brexit, or applying to continue living in the the UK for the purposes of.. Read More

Domestic Violence Support

The charity Refuge has been awarded a grant by the Home Office to run a helpline providing confidential advice to victims of domestic abuse. If you are the victim of domestic violence, you can call the free helpline on 0808 200 247. The helpline is open 24 hours a day, seven days a week. Staff at Refuge are also able to help victims of domestic violence access refugee accommodation and.. Read More

I’m In a Detention Centre, When Can I Get Out?

You can ask to be released from the Immigration Detention Centre by applying for bail. You can apply for bail to, the Immigration Tribunal, you will need to complete a form known as B1, and will be given a date for your bail hearing to decide if you should be granted bail. The hearing will usually be done by video link, where you will be able to see the judge.. Read More

The Home Office Has Refused to Take In Some of My Supporting Letters for a Fresh Claim, What should I Do?

When you are making a fresh claim, the Home Office staff should take all the documents you provide, by way of supporting evidence. If you are making the application yourself, you should include a cover letter setting out all the documents enclosed. Should the Home Office refuse to accept a certain document in your application that you consider to be relevant to your case, you should first speak to them… Read More

What is the Timescale for Decision on Fresh Claim?

While there is currently no formal timescale for a decision on Fresh Claims, a decision should be made within a ‘reasonable time’. The Court of Appeal held in the case of R (S) v SSHD [2007] that a delay of more than 2.5 years in considering an initial asylum application was unlawful. In 2007, the High Court indicated that a delay of 6 years waiting for a decision was unlawful… Read More

Should A Parent Be Able To Name Their Child Anything?

      A mother who named her twins ‘Preacher’ and ‘Cyanide’ (a deadly chemical) appealed against an injunction preventing her from doing so. Shortly after their birth in May 2015, the twins were made the subject of interim care orders and were placed in foster care pending the formulation of a long-term plan.   The High Court in deciding this case held that the responsibility of choosing a child’s.. Read More

Court says better for sisters to be adopted into different homes

Court of Appeal: Better For Three Sisters To Be Adopted Into Different Families Than Remain In Foster Care A Local Authority appealed against a judge’s refusal to an make order placing three sisters aged 3, 4 and 8 for adoption.

The Local Authority had brought care proceedings in respect of the three girls. Both the father and mother had suffered from mental health problems and the father had been a serious.. Read More

Court says Foreign Convicts Can Remain In Prison Sentence

  Should an immigrant be detained in prison? This is the question the Court of Appeal had to decide on this month. It is worth noting from the outset that the Home Office’s policy of using prisons rather than a purpose-built Immigration Removal Centres as places of detention for convicted foreign national offenders who have served their custodial sentences and are awaiting deportation from the United Kingdom.   The issue.. Read More

The Supreme Court Decides On The Pre-Entry English Test Requirement

Five years ago, in November 2010 the Immigration Rules were changed, and for the first time required foreign partner of a British citizen or a person settled in the United Kingdom to pass an English language test of compitance before coming to live in the UK with their partner.   Some people in certain countries found it difficult to pass this test, particularly those in rural areas where there are.. Read More

Unlawful Detention In An Immigration Detention Centre

  A man from Sierra Leone challenged the lawfulness of his lengthy detention in an Immigration Detention Centre. X arrived in the United Kingdom in 2003 in possession of a Sierra Leonean passport. He claimed asylum which was refused by the Home Office. In 2005, Sierra Leone issued X with an emergency travel documents to facilitate his removal to Sierra Leone. In 2007, he was flown to Sierra Leone, however,.. Read More