Immigration Detention: One Step Forward, Two Steps Back — Sophie Walker

immigration centreNew legislation significantly curtails accommodation provision for those seeking release from immigration detention. The likely result is more and more people being held in immigration detention.

The fight to end to indefinite detention of immigrants pending their removal from the UK has been gathering momentum.  There have been parliamentary debates and expert reports, all critical of the Home Office policy of what effectively involves ‘warehousing’ immigrants in cramped and often unsafe conditions with no end in sight.

While there is no legal maximum for how long someone can be held in immigration detention, the Home Office can only use their power to detain if they intend to remove the person and can do so ‘within a reasonable period’.  If at the outset it is apparent that the person cannot be removed within a reasonable period they should not be detained at all. If it becomes apparent once detention has commenced that the person cannot be removed within a reasonable period, then the person should also be released. In addition, the Home Office should exercise appropriate diligence in their efforts to remove the person.

Despite these well-established restrictions on the power to detain, men and women are still held in detention centres for extended periods of time. In March 2018, a report by HM Inspectorate of Prisons of Harmondsworth Immigration Removal Centre found that 23 men had been held for over year, and one man had been held for four years.

Continue reading

The Round-Up: Government wins benefits cap appeal, the scope of employee misconduct, and international crimes against humanity

Baby holds a woman's finger

Image credit: Guardian

DA & Orss, R (On the Application Of) v The Secretary of State for Work and Pensions: The Court of Appeal by a 2:1 majority allowed the government’s appeal against a ruling that their benefits cap unlawfully discriminated against lone parents with children under the age of two.

Whilst it was not disputed that Article 14 was engaged both through A1P1 and Article 8, Sir. Patrick Elias did not find that the claimants were in a significantly different situation to that of lone parents with older children such as to constitute indirect discrimination under the Thlimmenos principle [135]. He concluded:

the question is ultimately a narrow one. Are the circumstances of single parents with children under two sufficiently different from other lone parents as to require an exception to be made to the imposition of the benefit cap?… I do not accept that the problems are sufficiently proportionately disabling to these lone parents to make it unjust not to treat them differently.

Continue reading

Who is it that doesn’t like Mondays?

Moylett v Geldoff and Another (unreported)  Chancery Division (Carr J) 14 March 2018

Music nerds may remember with fondness the great copyright wrangle involving Procul Harum and Bach.   The focus of that dispute was the organ line in the 1967 hit Whiter Shade of Pale, and  Blackburne J’s judgment is imperative reading for anyone interested in the law’s dominion over music, ideas or intellectual property in general. Go to the end of this post for a reminder of that entertaining litigation and its outcome.

Less esoteric but potentially as interesting is this application brought before Carr J in the Chancery Division by the “well known music band”, the Boomtown Rats. Continue reading

New episode of Law Pod UK

In our continuing reposts of Professor Catherine Barnard’s series on the legal steps to Brexit, we have reposted  her episode on the Draft EU Withdrawal Agreement – the Brexit political agreement turned into a legal document. Professor Barnard gives Boni Sones her own analysis of the text.

Listen to Episode 25 of Law Pod UK on Audioboom or iTunes.

The Round Up – Strikes, detainees, and was it a poison plot?

Conor Monighan brings us the latest updates in human rights law


Photo credit: The Guardian

In the News:

Over 100 female detainees have gone on hunger strike at Yarl’s Wood Immigration Removal Centre.

The women began their strike on the 21st February, over “inhuman” conditions, indefinite detentions, and a perceived failure to address their medical needs. The UK is the only European state that does not put a time limit on how long detainees can be held.

This week, the strikers were given a letter from the Home Office warning their actions may speed up their deportation. Labour criticised the letter, but Caroline Nokes, the Immigration Minister, said the letter was part of official Home Officer guidance and was published last November on its website. Continue reading

Demolitions in the West Bank highlight a deep inequality — Josh Newmark

Josh Newmark is a History and Politics graduate from Durham University and an incoming History MSc at the University of Edinburgh, currently teaching in Salamanca. He is part of the youth-led #DontSettleForThis campaign with Yachad, the pro-Israel, pro-peace movement in the UK.

The security of a roof over one’s head, a space for personal and familial privacy… Having “a place to call home” is widely recognised as an essential prerequisite for human wellbeing. This is acknowledged across the political spectrum – from the phrase “property-owning democracy” shared by both Thatcherites and American liberal philosopher John Rawls, to left-wing movements for affordable housing. In Judaism, too, the value of having a home is recognised. A key aspect of Judaism’s story is learning from the experience of being a people in exile, yearning for a home – “love the stranger, for we were once strangers in Egypt” is a frequent refrain in the Torah. Moreover, the Jewish household is of central importance to Jewish life – with its important physical features, like the mezuzah (boxed prayer scroll attached to each door frame), and key practical functions, such as hosting the traditional Friday night family meal to welcome the Sabbath. Undoubtedly, this is one of the motivating factors for young British Jews’ repugnance towards the Israeli’s government continuing policy of demolishing Palestinian homes.

Yachad is a British Jewish NGO which promotes support for a political solution to the Israeli-Palestinian conflict within the Jewish community through education, debate, and advocacy. Under the hashtag #DontSettleForThis, young Yachad activists are raising awareness within the Jewish community of the demolitions of Palestinian homes, and pushing the UK government to help prevent these demolitions.

According to Israeli humans rights NGO B’Tselem, Israel has demolished at least 1,323 Palestinian residential units in the occupied West Bank, plus over 600 just in East Jerusalem, since 2006. This policy has taken homes from over 8,000 people in that time period, more than 50% of them minors. These figures exclude the demolitions which Israel controversially carries out upon the family homes of convicted or deceased terrorists. Rather, these are homes which are being demolished because they have been built without permits. While demolishing such structures might seem to be the right, even obligation, of a governing authority, only a little detail is necessary to make clear that this policy is an inflammatory and unjust policy which compounds the wider injustice of the occupation itself. The dual policy of allowing and stoking a Palestinian housing shortage whilst allocating land for well-planned, well-connected illegal Israeli settlements, often with illegal (even under Israeli law) structures tolerated on them, highlights the deep inequality inherent in the occupation.
Continue reading

Listen Up! New episode of Law Pod UK just posted

Our very own Commissioning Editor, Jonathan Metzer, is discussing with Rosalind English the right of appeal against refusal of a residence card under the EU immigration rules for family and extended family members of UK citizens. He has also written a post on this and the reference to the European Court of Justice in  Banger (Unmarried Partner of British National) [2017] UKUT 125 (IAC)  .

Listen to Episode 24 Law Pod UK on Audiboom 

Law Pod is also available for free download in iTunes