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LOCATION: Home » Human Rights » Page 5

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Refugee Family Reunion: A Practical Guide
By Richmond Chambers -

People who have been recognised as refugees in the UK or who have been granted humanitarian protection may sponsor certain family members to join them in the UK. Both will be referred to as ‘refugees’ for ease...

 of reference. Refugees who were admitted to the UK under resettlement schemes may also sponsor family members.  Eligible family members of refugees Only ‘pre-flight’ family members of refugees can be...

Afghanistan Citizens’ Resettlement Scheme
By Stefania Patuto - Immigration Barrister

The Afghanistan Citizen’ Resettlement Scheme is a new route opening for the resettlement of Afghan refugees, prioritising those most in need including women, girls and children given their particular vulnerability. Whilst...

 the route is not yet open, some further details about the route have been provided. When will the Afghanistan Citizens’ Resettlement Scheme open? The Afghanistan Citizens’ Resettlement Scheme...

The Seven-Year Child Reasonableness Test - NA (Bangladesh)
By Alexandra Pease - Barrister Partner

The Home Office used to have a concession called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period, and their parents, should not be removed from...

 the UK if no other countervailing factors were present.  This policy ended in December 2008. On 09 July 2012 new immigration rules were introduced and the seven-year child concept was back for those cases...

Section 3C Explained: A Flowchart for Human Rights Applications
By Richmond Chambers -

As direct access barristers working at Richmond Chambers, we have had countless lay clients approach us with one question: am I protected by section 3C of the Immigration Act 1971?  This can at times be a complicated...

 question, particularly when the Home Office guidance on section 3C appears to be at odds with the natural interpretation of statute, an example of which can be found here. Section 3C of the Immigration...

A Guide To Private Life Applications
By Alexandra Pease - Barrister Partner

July 2012 saw the introduction of the private life requirements into the Immigration Rules.  The view of the government was that the previous rules did not provide a “clear and comprehensive framework...

 for considering family life and private life”.   The key test for remaining in the UK, the period of seven years reflected the previous DP5/96 policy, under which children who had lived in the UK were not...

New Guidance on Inadmissibility of Asylum Claims
By Richmond Chambers -

On 31 December 2020, at 11pm, the Brexit transition period came to an end. One consequence of this is that the Dublin Regulations no longer apply in the UK. New regulations have since been introduced by the UK government....

 Under these regulations, asylum claims can be ruled inadmissible. The Home Office is now able to rule that another country, known as a safe third country, should be liable for an asylum claim. The...

Settlement as a Refugee or person with Humanitarian Protection
By Richmond Chambers -

In this post we explore the requirements for obtaining settlement once you have completed 5 years in the UK as a refugee or person with humanitarian protection.  Does it matter whether I have Refugee or Humanitarian...

 Protection status? The Home Office generally assesses whether the criteria for Refugee status is met before considering whether Humanitarian Protection applies. Refugees must demonstrate a...

Access denied - The human impact of the hostile environment - IPPR
By Alexandra Pease - Barrister Partner

The report was published on 04 September.  It was published by the Institute for Public Policy Research (IPPR), written by Amreen Qureshi, Marley Morris and Lucy Mort. The report consists of 36 pages and...

 can be read: here. The hostile environment is a set of measures introduced over the years to make staying in the UK as difficult as possible for illegal migrants, and to therefore encourage them to voluntarily...

Impact of COVID-19 on the Immigration System
By Richmond Chambers -

As the COVID-19 pandemic develops it is having a wide impact on all aspects of our society, economy and how we live our lives. It has significant knock-on effects for the immigration system and policy makers will...

 need to show humanity when deciding what immigration control measures should be put in place, in the midst of a public health emergency.  There is not yet any overarching Home Office guidance or policy in...

Family life depends on the substance of the relationship, not the form
By Richmond Chambers -

The Court of Appeal has helpfully confirmed in the case of Uddin v The Secretary of State for the Home Department [2020] EWCA Civ 338 that the existence of family life depends on the substance of the relationship,...

 not the form [§ 23].   Background The case involved a Bangladeshi national born in Bangladesh on 8 December 1999. He claimed that he had left home at the age of six after being mistreated and that he...

Student loans, ILR, domestic violence and human rights
By Richmond Chambers -

In a recent application for judicial review, OA v Secretary of State for Education [2020] EWHC 276 (Admin), the High Court considered whether the decision to refuse the Claimant a student loan breached her human...

 rights. Mr Justice Nicol delivered the judgment on 13 February 2020. Facts The Claimant was a Nigerian national who had lived in the UK since 2011. She had entered as a Tier 4 student to study for a B.Sc....

The impact of family separation on child refugees in the UK
By Alexandra Pease - Barrister Partner

The report WITHOUT MY FAMILY: The impact of family separation on child refugees in the UK was published on Monday 13  January 2020. A full copy of the report can be read: here. The report is published by...

 three organisations: Amnesty International UK, the Refugee Council and Save the Children. The research behind the report was commissioned in 2017-2018 and is based on a literature and legal review, interviews with...
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