The clash between open justice and one’s good name

Khuja (formerly known as PNM) v. Times Newspapers [2017] UKSC 49, Supreme Court, read judgment

The outcome of this case is summed up in its title, an unsuccessful attempt to retain anonymity in press reporting.  It is a stark instance of how someone involved in investigations into very serious offences cannot suppress any allegations which may have surfaced in open court, even though no prosecution was ever brought against them.

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Foreign criminals’ deportation scheme ruled unlawful

Image: Flickr.com

 

R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42

In a nutshell

The Government’s flagship scheme to deport foreign criminals first and hear their appeals later was ruled by the Supreme Court to be incompatible with the appellants’ right to respect for their private and family life (reversing the decision below).

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Strasbourg grants emergency hearing in Charlie Gard appeal

Yates v United Kingdom – here

Update: On 19 June the parents lodged a substantive application with the Strasbourg Court. 

In my last post on this case, I explained that the Supreme Court had granted a short stay to 5pm Friday 9th June to enable the parents to ask the Strasbourg Court to intervene. So far, the courts have ruled in favour of Great Ormond Street’s application to withdraw artificial ventilation from Charlie.

Shortly after my post, on Friday 9 June, the ECtHR ordered an emergency hearing. To that end, it requested the UK to keep Charlie alive until the end of 13 June.

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A powerful new human rights film 

A powerful new human rights film 

It has just been the 6th anniversary of an important human rights case, that of Mark and Steven Neary. Steven, who is autistic, was detained in local authority care for over a year before his dad used the Human Rights Act to get him home. 

RightsInfo has made a powerful short film to mark the anniversary and tell this important human rights story.

In these uncertain political times, it is more important than ever to tell the positive stories of human rights to counter the tabloid press and grow support for human rights laws. So please do share!

The right to put your past behind you: Court of Appeal Art.8 ruling

R (o.t.a P & others) v. Secretary of State for Home Department & others [2017] EWCA Civ 321, Court of Appeal, 3 May 2017 – read judgment 

The Court of Appeal has upheld challenges to the system of the police retaining information about past misconduct. It held that the system, even after a re-boot in 2013 in response to an earlier successful challenge, remains non-compliant with Article 8

The  problem is well summarised by Leveson P in the first paragraph of the judgment, namely the interface between a system of rehabilitation of offenders and the minimisation of risk to the public caused by the employment of those with misconduct in their pasts.

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Immigration and Minimum Income Requirements – “significant hardship” caused, but still ECHR compatible

money_1945490cSS (Congo) v Entry Clearance Officer, Nairobi, [2017] UKSC 10 – read judgment. 

The Supreme Court has ruled that, in principle, the need for spouses or civil partners in the UK to have an annual minimum income of £18,600 in order to obtain entry clearance for their non-EEA spouse/civil partner to be compliant with the European Convention on Human Rights (“ECHR”). However, the Supreme Court stated that the relevant Immigration Rules relating to such Minimum Income Requirements (“MIR”) failed to adequately take account of the need to safeguard and promote the welfare of children when making an entry decision. Finally, the prohibition on taking into account prospective earnings of the foreign spouse or civil partner when applying the MIR was inconsistent with the evaluative exercise required under Article 8, ECHR. Continue reading

The Round Up: Couples in the Courts

Image result for wedding cake guardian

Immigration law featured heavily in courts in the past week, with judgments in two cases handed down by the justices.

The first, MM and others, concerned the Minimum Income Rule, which requires a minimum income of £18,600 to sponsor a foreign spouse’s visa to live in the UK.

The second, R (on the application of Agyarko), saw the Supreme Court uphold the treatment of those unlawfully in the UK who have formed relationships with British citizens.

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