"I have never welcomed the weakening of family ties by politics or pressure" - Nelson Mandela.
"He who travels for love finds a thousand miles no longer than one" - Japanese proverb.
"Everyone has the right to respect for his private and family life, his home and his correspondence." - Article 8 of the European Convention on Human Rights.
"When people's love is divided by law, it is the law that needs to change". -
David Cameron.

Children's Commissioner Survey - have your say!

Thursday, 31 July 2014

Children's Commissioner Questionnaire - have your say!

Source : Children's Commissioner

As previously mentioned, the Office of the Children's Commissioners is following up on the concerns and issues by all of the campaigning over the last couple of years.

The OCC is conducting research on the impact of the rules on children with a view to, in the Children's Commissioner for England's words, 'achieve a just settlement for families who are, or who will be, divided by the implementation of these rules.'

If you're affected by family migration rules, have children, and have a few moments, please complete the survey here :
http://www.scribd.com/doc/235449747/Children-s-Commissioner-Questionnaire

Full instructions on where to send the survey to, as well as a letter from the Children's Commissioner for England herself, are in the link above.

* The Children's Commissioners for England, Scotland, Wales and Northern Ireland are the voice of the child in government. They have spoken out on the issue before, and wish to follow this up further. Please help them achieve this.

Children's Commissioners' briefing on the APPG on Migration 'Report of the Inquiry into the New Family Migration Rules' : http://www.childrenscommissioner.gov.uk/content/publications/content_671

Abuse of power


Several years ago my granny travelled from India to Australia alone, despite speaking barely a word of English.  She had to change planes in Thailand (spoke no Thai either) and on arriving after nearly 20 hours travelling, found Aussie immigration and customs officers to be very welcoming with their ‘G’day, welcome to Austraya’.  I still have a vivid memory of her sitting in my parents living room grinning her head off at having made the journey without any of us to help her, and of course being able to see in the flesh her favourite (okay, only!) granddaughter contributed to some of the wattage in the smile.

Fast forward a few years and I’d never ever want my granny to travel alone to the UK, despite the flight now being shorter and direct, not because she’s older, but because I would not want her to be alone with a UK immigration officer (IO).

Australian family and friends speak of UK IOs being arrogant and rude.  However such travellers have an inner confidence which tends to come naturally to those with a western or affluent upbringing, with little fear of authority – and certainly no reverence towards ‘white man’.     

For most though, approaching an IO tends to be fraught with tension, even when you’re not doing anything wrong.  Helplessness, confusion and wariness compound where the person seeking entry is Asian or African, or does not speak English fluently.  Unfortunately, there is still too often a reverence for white people especially those in positions of authority.  The Empire has a lot to answer for and the treatment of Radha Patel at the hands of multiple immigration officers (IOs) only highlights that the recipients of this reverence are all too quick to take advantage of it, albeit oh-so-undeserved.

On 23 May 2011 Radha arrived at Heathrow where she encountered IO Newton and Chief IO Davies.  These two officers subsequently falsely imprisoned, and maliciously and deliberately bullied Radha.  They made up lies to try and justify their behaviour and then engaged in a cover-up.  

Radha's passport was impounded for nearly a year, preventing her from even returning to India where her two young children were.  The High Court on 30 July awarded Radha £125,000 in compensation for the behaviour of the IOs, for which frankly 'serious misconduct' is too mild a term.  Yet the chances are that Home Office will appeal!

What terrifies me, is that this behaviour is probably more prevalent – we heard about this case, and that too years after the event.  How many others remain underground?  It petrifies me that IO Newton and Chief IO Davies may still be on the Home Office payroll – with their salaries therefore paid for by taxpayers - instead of rotting in jail.  That with a slap on the wrist, if even that, they've been left to wreak havoc on more unsuspecting arrivals.

I believe Home Office staff are often incompetent, although admittedly that is probably more a reflection of their training and the culture they’re bred in, than pre-requisites for their hire being stupidity or ability to be difficult just for the sake of it.  No matter how anti-family UK’s policies are, no matter what the HO culture is, or how much the nation lets itself be swept up in anti-immigration propaganda, as human beings we should be able to answer to our conscience; we must distinguish between right and wrong.   

No one should have the power of these IOs who brazenly lied to harass and bully a woman who posed no threat.  The subsequent cover-up rather than admission of guilt indicates we have a bigger problem than a rogue IO or two.  When looked at with other incidents, to me it indicates abuse of power being a characteristic all the way to the top. 

Isabelle Acevedo was deported today. She admitted to being in the UK illegally.  She was not stealing nor claiming any benefits.  She paid for food and shelter with money earned from cleaning the homes of the rich, and politicians (often also rich).  Mark Harper was one such politician, who resigned, in a grand but as it turns out hollow gesture, as Immigration Minister for not having conducted the checks he expects everyone else to.  Who the other politicians were that Isabella kept homes clean for we don’t know. Maybe they were Labour – hence the resounding silence from the opposition on the contrasting treatment whereby Isabella was snatched from her daughter’s wedding for working illegally, whilst Harper was promoted to a Cabinet position, despite also having broken the law by employing someone working here illegally.  It smells fishy and reeks of hypocrisy.  As I said, abuse of power all the way to the top.

Politicians seem to have forgotten their job is to serve us. They are answerable to taxpayers for spending our money, be in it the form of compensation such as that paid to Radha, the c£100m in legal fees for immigration and asylum cases paid to Treasury Solicitors alone by the Home Office under this government and the waste of resources in 20 enforcement and police officers raiding a wedding to arrest one harmless woman.  Don't even get me started on their expense claims.


Wednesday, 30 July 2014

'Finally back together! Visa couple reunited'

Source : Express and Star (Wolverhampton)

So nice to see some good news :
http://www.expressandstar.com/news/2014/07/30/finally-back-together-visa-couple-reunited/

Post with links to previous coverage of this :
http://britcits.blogspot.co.uk/2013/12/express-and-star-couple-face-spending.html

UPDATES

Children's Commissioner
We mentioned earlier that we are working with the Office of the Children's Commissioner in England in their undertaking research to explore the impact of UK's family immigration rules on children and young people.  They have put together a questionnaire - if you have children especially please take 15 minutes or so and return by 1 September 2014. Thank you in advance.
Note guidance provided at the end for instructions on how to return the questionnaire and other documentation.

MM case 
Many have been asking for updates on the MM case. No news yet other than the good side's lawyers are still waiting for legal aid approval, following which they are going to file their permission to appeal to the Supreme Court.  Legal Aid Authority like most government departments is probably over-worked and under-resourced, hence the delay - so a little more patience needed.  Will let you know as soon as we hear anything more.

Keep an eye out for how things progress with HO's treatment of applications on hold which they indicated they would begin processing this week - will applicants will be able to appeal or forced to go down an administrative review instead?  Around the corner is the 30 months since the rules came into force, so let's brace ourselves for HO in their typical fashion messing up the first probationary period applications too. 

Surinder Singh
Many members have been trawling through EU regulations, and interpreting the regulations the best they can - however now there is some legal comfort available with immigration barrister and EU specialist Colin Yeo having written an e-book on Surinder Singh, released this week.  It provides a legal oversight of free movement rights and EU regulations, especially as they apply to using the Surinder Singh route (unsurprising given the title of the e-book) and an overview of Home Office behaviour.  Colin is open to feedback so do contact him if you have any. BritCits does not financially benefit from sales of this book so 'promotion' of it is purely because we think you may find it useful. 

Available in pdf format here

Until next time chickies.

Tuesday, 29 July 2014

Detention Inquiry guide

Source : Detention Forum

http://detentionforum.wordpress.com/2014/07/29/take-part-in-the-detention-inquiry-heres-our-guide/

Detention Forum's guide to taking part in the Detention Inquiry. Recommended for groups and individuals who wish to participate.

Read on : https://detentioninquiry.files.wordpress.com/2014/07/first-evidence-session-transcript1.pdf
Surinder Singh from a legal perspective

Source : Colin Yeo/Free Movement


Colin Yeo's 'Surinder Singh: EU Free movement for British citizens' is now online and can be bought here :
http://www.freemovement.org.uk/shop/

Foreword by Sonel Mehta of BritCits.

More posts on Surinder Singh and European free movement :
http://britcits.blogspot.co.uk/search/label/surinder%20singh

Monday, 28 July 2014

Please complete our Surinder Singh survey!

Author : BritCits surveys

If you are currently exercising, or expect to exercise, free movement rights in Europe, please complete our survey! This will help us understand how best to help those going through free movement.

It won't take a minute! :

https://www.surveymonkey.com/s/8XPPCLN

Thanks!

More posts on Surinder Singh and free movement :
http://britcits.blogspot.co.uk/search/label/surinder%20singh

Family unity, the European way :
http://www.jcwi.org.uk/comment/1570



Friday, 25 July 2014

Petition: Grant asylum to Maimuna Jawo 

https://www.change.org/en-GB/petitions/james-brokenshire-mp-grant-maimuna-jawo-asylum-to-endfgm-women-who-flee-fgm-must-be-protected

Maimuna is a member of a hereditary caste of 'cutters' - women who carry out FGM.  A few years ago she fled Gambia to escape being forced to become a cutter and courageously spoke out against the practice :
http://vimeo.com/100875675

She has already herself experienced detention and is at risk of removal to Gambia, where she and her family would be in danger.

BBC documentary about Maimuna :
http://www.bbc.co.uk/news/uk-23933437

Via Movement for Justice :
https://twitter.com/followMFJ

Thursday, 24 July 2014

More Photos from the 2 years on day of action


Two years on and we are still fighting for our rights
We take the fight to Parliament


BritCits Goes to Parliament for the APPG on Migration

The APPG on Migration gets under way

Lord Teverson, Liberal Democrats with Ryan Shorthouse of  Bright Blue listening
 
Andrew Percy MP, Conservative 
The panel are told Gary has a problem

Andrew Percy MP, talks about Gary



BritCits Goes to The Home Office to Protest


The protestors gather outside the Home Office


Gathered crowd are told of the heart ache of a grandmother

Many Families Wish the Home Secretary is Listening

Family Life is a Fundamental Right

Lee Jasper speaks out against the Xenophobia of the Government

Ninja's fight for their families

People's experiences are told

Listening to the Horrors caused by the Home Office


The discrimination of the Government against it's own Citizens has to Stop! 

Divided Families

A member of the Clergy from Walthamstow speaks out 

Many communities impacted

A couple under threat 
Migrants are the life blood of the UK

An angry mob sick of immigrants being blamed for everything

Making sure Home Office workers get the message

Any grants or funding for further research into the impacts would be most welcome

Many immigrants are family members of British families

The angry protestors chant so the Home Office Workers can hear

Immigrants will not give up their families


Family life is a Right

BritCits returns to Parliament for the launch of the report on family dependents


Setting up of the Committee Room in the House of Commons


David Hanson, MP ,Labour shadow immigration minister, gives Labour's commitment to review the family migration rules as soon as they are in power.

Sonel Mehta talks about the joint report on family dependents

Sarah Teather MP Hosts the evening 
The panel answer individual questions at the end


The event comes to a close and conversation are moved to another venue
After a long day the conversations continue



Tuesday, 22 July 2014

Have you experienced immigration detention? Right to Remain can help with submissions to parliamentary inquiry

http://www.righttoremain.org.uk/blog/have-you-experienced-immigration-detention-rtr-can-help-with-submissions-to-parliamentary-inquiry/

This may be of interest to those who have experienced immigration detention - including partners and family members of British citizens. People such as Dee ( http://britcits.blogspot.co.uk/2013/11/an-account-of-detention-of-spouse-of.html ) or Melissa ( http://britcits.blogspot.co.uk/2014/07/another-detention-original-piece-on.html ).

'The British Parliament has launched its first-ever inquiry on detention.  The inquiry, jointly led by the All Party Parliamentary Group on Refugees and Migration, will investigate the impact and implications of the use of immigration detention.

'This is a chance to speak out on the injustice of the detention system and work together towards the creation of possible alternatives!   This inquiry in itself will not mean the end of detention, but it’s a unique opportunity to tell the people in power how detention has affected you and demand action on detention in the UK.   You may have been detained in the past, you may currently be detained, or you may know someone who has been detained and this has had an effect on you.'

Via An Undivided Family in Malta : https://www.facebook.com/groups/AnUndividedFamilyInMalta/576256192484627/
and After Detention Support Group : https://www.facebook.com/groups/525172694251482/

Monday, 21 July 2014

Migration Pulse: Dissecting the MM Court of Appeal judgment 

Helena Wray, Reader in Law at Middlesex University, provided an analysis of the MM case.

http://www.migrantsrights.org.uk/migration-pulse/2014/dissecting-mm-court-appeal-judgment

Quote:  '... the first thing I noticed about the judgment is that it operates at a level of intellectual insularity that is extraordinary given what is at stake. There is no mention anywhere in the judgment of what the rule means for British citizens and residents and their children who cannot live with their loved ones in their own country... '

Source: Migration Pulse/Migrants' Rights Network.


More posts on MM :
http://britcits.blogspot.co.uk/search/label/mm

ITV: Immigration rules are "destroying" family

http://www.itv.com/news/calendar/2014-07-21/immigration-rules-are-destroying-family/

'A woman from Welburn in North Yorkshire, who has lived in the region for more than 30 years, is being forced to take a test in order to become a British citizen.

'Glenda Hyde was born in America but was adopted by a British couple and brought to the UK in 1974.

'Glenda was told that because her parents didn't register her when she was a child, she has to go through the naturalisation process. That involves taking a 'Life in the UK' test to prove her right to live in this country. She says it has taken her months to revise for the 45 minute test, which includes multiple choice questions. '

'Here are some examples of the kinds of questions Glenda has been trying to memorise:

'Great Britain was created in: a) 1677 b) 1687 c) 1697 d) 1707'

(In fact Great Britain, the island off the coast of Europe, was 'created' by the flooding of the Channel 200k-400k years ago. What a strange question!).


Previously :
http://britcits.blogspot.co.uk/2014/07/immigration-rules-bring-ryedale-woman.html

Japan takes a step backwards in Human Rights

On Friday in Japan the Supreme Court legalised the further discrimination of non naturalised residents.

http://www.japantimes.co.jp/news/2014/07/18/national/social-issues/top-court-rules-non-japanese-residents-ineligible-welfare-benefits/#.U8m7XlaHdm2

In Japan there are many people born there who are not classed as Japanese Nationals due to the Japanese Nationality Laws which are based on Jus sanguinis(right of blood)

Many of these people could become naturalised but are prevented from becoming naturalised citizens due to their education and not being able to learn Japanese to elementary school level or not wanting to give up their nationality (Japan does not readily allow dual nationality) or due to their ability to get work.

Many Japanese born people who are not naturalised are legally discriminated against in Japan due to their background.  Two examples are "Zainichi" and "Hafu"

The New Ruling now prevents anybody who is not a Japanese National from claiming welfare benefits despite the fact they may have lived and worked in Japan all their life and have permanent residence.  For such people positively contributing to society and paying their taxes now counts for nothing.

Strangely it was also July 2012 that Japan introduced a new residency management system for foreign nationals who were resident there.  This system now looks like  it will be one of he main ways foreign residents are now monitored to enforce this law.

If we do not stand up for our rights we will see similar things happening here in the UK.
We have the chance to learn from the mistakes made in Japan but as with interest rate reductions the UK Government fails to see and learn from the problems caused.



Sunday, 20 July 2014

Migration Observatory: The UK, EU citizenship and free movement of persons

http://migrationobservatory.ox.ac.uk/policy-primers/uk-eu-citizenship-and-free-movement-persons

' ... TCNs (third country nationals) are also able to derive rights, irrespective of their nationality, as family members of EU citizens. In practice, this means that migrant EU citizens have a right to family reunification, which may prevail over domestic immigration restrictions. The right may be invoked by EU citizens living in other EU Member States, or against their home states under some circumstances: These circumstances include first, where an EU citizen returns to her Member State of nationality after exercising their right to work or establishment in another Member State (Case C-370/90 Surinder Singh [1992] ECR I-04265). In March 2014, the CJEU clarified that the EU rights of residence of family members were applicable only 'where the residence of the Union citizen in the host Member State has been sufficiently genuine so as to enable that citizen to create or strengthen family life in that Member State' (Case C-456/12 O & B and Case C-457/12 S and G. Judgments of 12 March 2014 nyr). The current UK rules seem to take a more restrictive view of when these principles are applicable, and so may be in tension with that ruling.'

Via EEA visa... EU free movement (Facebook support group) :
https://www.facebook.com/groups/650212281695959/



More on European free movement and family unification

Two great blogs -

Freedom of movement in the EU ( for EU citizens and their non-EU family members ) :
http://eumovement.wordpress.com/

Surinder Singh route information :
http://surinder-singh-route.info/

Overview - family unity, the European way :
http://www.jcwi.org.uk/comment/1570

(Lots and lots) of posts on European free movement :
http://britcits.blogspot.co.uk/search/label/surinder%20singh

How to do it - Surinder Singh for newbies :
http://britcits.blogspot.co.uk/search/label/surinder%20singh%20for%20newbies



Video experiences of one family who successfully navigated the route :
https://www.youtube.com/watch?v=r1-v0cV2Y8E

When things go wrong... how and where to complain effectively :
http://eumovement.wordpress.com/2011/11/29/complain-effectively/#more-1014
http://ec.europa.eu/solvit/index_en.htm
Reminder: Early Day Motion 107

http://www.parliament.uk/edm/2014-15/107

'That this House condemns the Financial (Minimum Income) Threshold in the Immigration Rules introduced by the Government which came into force on 9 July 2012; notes that the rules are having a negative impact on UK citizens who have spouses from non-EU/EEA nations and is resulting in families being forced to live outside the UK or to live separately in different countries; calls on the Government urgently to lower the threshold for the minimum income and allow families to return to the UK with immediate effect; further calls on the Government to implement the recommendation of the All Party Parliamentary Group (APPG) on Migration to undertake an independent review of the Financial (Minimum Income) Threshold generally to ensure that families with spouses from non-EU/EEA nations with stable and reasonable incomes are granted permission to immigrate to the UK; and notes that the UK's four children's commissioners all endorsed the APPG report on Migration and its recommendations.'

https://twitter.com/BritCits :
All MPs professing to care about families have their name supporting this EDM by @KatyClarkMP http://www.parliament.uk/edm/2014-15/107  Where is yours? #MMCase

Please ask your MP to sign : https://www.writetothem.com/

Previously : http://britcits.blogspot.co.uk/2014/06/early-day-motion-107-httpwww.html


Facebook: After detention support group

https://www.facebook.com/groups/525172694251482/



'In light of some new detentions that have taken place over the last few days there has been a new group set up to offer support from one detainee to another. If you have ever been detained by UKBA even if less then a day please feel free to join and offer support to others going through or have gone through this horrific experience as well.'

Dee's detention : http://britcits.blogspot.co.uk/2013/11/an-account-of-detention-of-spouse-of.html
Melissa's detention : http://britcits.blogspot.co.uk/2014/07/another-detention-original-piece-on.html
Posts on Alois Dvorzac : http://britcits.blogspot.co.uk/search/label/alois%20dvorzac
Posts on Yashika Bageerathi : http://britcits.blogspot.co.uk/search/label/yashika%20bageerathi
Detention Forum : https://twitter.com/DetentionForum

https://twitter.com/DetentionForum tweets :
Q: What would you miss most if you were detained?. A: Love. From the faith group workshop last week. #detention 

Ballad of Steve and Melissa

Shared here. Another detention : http://britcits.blogspot.co.uk/2014/07/another-detention-original-piece-on.html

We got married in Gibraltar and Melissa became my wife,
But returning to the UK caused one hell of a strife,
For the powers that be detained her, no they would not let her in,
It seems that being an American is now some kind of sin,
If you happen to fall in love with a British green-bearded guy,
Especially if you are suspected of being a Chinese spy.

Another detention

Original piece on Steve Andrews and Melissa Houghton :
http://britcits.blogspot.co.uk/2014/07/wales-online-hes-from-wales-shes.html

Steve and Melissa were recently married in Gibraltar. Melissa attempted to travel to the UK, and was detained, in circumstances very similar to those of BritCits supporter Dee late last year. You can read Dee's account of detention here :
http://britcits.blogspot.co.uk/2013/11/an-account-of-detention-of-spouse-of.html 

The piece below is via Facebook : https://www.facebook.com/groups/650212281695959/permalink/776822782368241/

Steve writes :
What has just happened after Melissa Houghton and I got married in Gibraltar yesterday and she tried to return to the UK.

--A Very Powerful Letter From Melissa About her Experience of Being Detained and Interrogated on her Wedding Night.---

It feels like I've just let every pain I've ever felt just build up, build up, build up, until some horrible event I can't possibly sugar coat no matter how pollyanna-rose-colored glasses I want to be about it, causes me to completely lose it. I shall try to spill out everything without editing, but even now I feel like I'm being watched, as I have a very kind family law officer looking after me, but still being watched nonetheless. Why do I need to be monitored? It seems they are so concerned about my "emotional state" as I was encouraged to write down any questions that came up in my mind and was told by the nurse that all questions had answers, but I do not think this is really thinking. Not all questions are created equal and they constructing being emotional around here as something to be resisted, something to be covered up by visions of a absolutely great life ahead for me in the future.

Saturday, 19 July 2014

July 2014 mailers

http://www.scribd.com/doc/233542074/July-2014-mailers

Latest updates as sent to our mailing list!
The financial (minimum income) requirement for partner visas - Commons Library Standard Note

http://www.parliament.uk/briefing-papers/SN06724/the-financial-minimum-income-requirement-for-partner-visas

Published 17 July 2014

'In July 2012 controversial new maintenance funds requirements were introduced for spouse/partner visas (affecting non-EEA national partners of British citizens, refugees and people settled in the UK).

In effect, these require visa applicants to have available funds equivalent to a minimum gross annual income of £18,600 (or higher in cases including non-EEA national dependent children). In many cases only the British/settled sponsor’s employment income can be considered, because the non-EEA national’s employment can only be taken into account if they are already in the UK with permission to work.

Various migrants’ rights groups are campaigning against the financial requirement, which they consider to be unfair, disproportionate and counter-productive to the Government’s intentions. In June 2013 a report by members of the APPG on Migration called for an independent review of the requirement and its impact.

Friday, 18 July 2014

Immigration rules bring Ryedale woman to breaking point

http://m.gazetteherald.co.uk/news/11344714._/

' A WOMAN who was adopted and brought to the UK as a child more than 30 years ago has been told she must now go through the naturalisation process to become a British citizen.

Glenda Hyde, who lives in Welburn, was born in the US and placed into care until she was three years old when she was adopted by a British couple.

The family moved to England in 1974, when Glenda was seven.

Thursday, 17 July 2014

Upcoming event : London demonstration for the rights of British citizens and their foreign spouses

Organised by divided families themselves - coordinated by Kelly and Jessica.

Saturday, August 23rd at 11:00am-3:45 pm

Facebook event :
https://www.facebook.com/events/1491757801061774/
JCWI : Home Secretary's victory in MM case

http://jcwi.org.uk/blog/2014/07/17/home-secretarys-victory-mm-case

This judgment continues to allow wealth to dictate whether a British citizen has the right to fall in love with a foreigner and be entitled to family life in the UK. This cannot be right.

More posts on the MM case :
http://britcits.blogspot.co.uk/search/label/mm

Delays to decisions so the Home Office can apply new laws/rules retrospectively.

There is a great British legacy and tradition of being one of the fairest and just societies in the world observing a system of 'rule of law'. Such is the legacy that many legal systems around the world have been heavily influenced by the British system.

But many British people are now becoming increasingly disillusioned through their dealings with the British system of democracy and law.

Britain is now ranked 13th out of 99 legal systems in the world. Even in Europe it is ranked 9th out of 24 countries. 

The rule of law depends on people who are subject to such laws being able to understand how those laws apply to them. When laws and changes are deliberately hidden through over complexity or confusion then they are being used purely as tools of oppression.

"In a society governed by the rule of law, the government and its officials and agents are subject to and held accountable under the law" In the Uk with the increasing withdrawal of appeal rights and restrictions on access to legal aid it is becoming increasingly difficult to hold the government to account.


Laws should be clear, publicised, stable, and just; applied evenly; and protect fundamental rights, including the security of persons and property.


Current UK immigration law is anything but!  The laws and current changes to the laws are laid out in such a way that the very people that these laws and rules apply would face great difficulty understanding what changes are taking place and how they may be impacted. 

One such example is the changes released on the 10th July 2014 the day before the MM ruling in the Court of Appeal.  

In these changes I find it very difficult to fully understand what changes are really being made despite in my professional life having many years experience dealing with complex legal contracts on a daily basis. 

My first concern in these changes is that many are being applied retrospectively especially those affecting spouse visas.



"The changes .............of this statement take effect on 28 July 2014 and apply to all applications to which paragraphs 276ADE to 276DH and Appendix FM apply (or can be applied by virtue of the Immigration Rules), and to any other ECHR Article 8 claims (save for those from foreign criminals), and which are decided on or after that date."

“A279. Paragraphs 398-399D apply to all immigration decisions made further to applications under Part 8 and paragraphs 276A-276D where a decision is made on or after 28 July 2014, irrespective of the date the application was made.”.



 They have also brought in a new justification for decisions 

 "....in doing so also reflects the relevant public interest considerations"


where one of those considerations is now    
"controlling immigration to safeguard the UK’s economic well-being."

There are also changes to definitions of why exemptions can be considered
"“insurmountable obstacles” means the very significant difficulties which would be faced by the applicant or their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the applicant or their partner.”

But one of the most worrying and confusing parts is especially for all those 500+ in UK application that put on hold pending the out come of the MM appeal.
"7.19. The non-suspensive appeals provision, inserted by section 17(3) of the Immigration Act 2014, allows the Secretary of State to certify an appeal where an individual is liable to deportation when, despite the appeals process not having been begun or not having been exhausted, removal of a person to the country or territory to which they are proposed to be removed, pending the outcome of an appeal in relation to their claim, would not be unlawful under section 6 of the Human Rights Act 1998, for example the individual would not face a real risk of serious irreversible harm if removed."

Does this mean that the Home Secretary can now remove people from the UK even while they are appealing as first announced in the  Immigration Act 2014 Summary of Provisions?

"Clause 12: Place from which an appeal may be brought or continued

An appellant can remain in the UK to bring or continue his appeal if the original claim was made whilst the person was in the UK. If however, the Secretary of State has certified the appeal as ‘clearly unfounded’ or a person can be removed to a safe third country, the appeal can only take place once the person has left the UK.

In the case of someone liable to deportation who raises a human rights claim the default is to remove them from the UK by certifying the appeal on the basis that they would not face, before the appeals process is exhausted ‘a real risk of serious irreversible harm if removed to [that] country or territory’. The right of appeal is then exercised from abroad."

Or does this only apply to criminals?


This is a very worrying time for those in the UK impacted by the MM ruling.

Have their rights been totally trampled on?!

Their decisions are further delayed just so these new rules of the Immigration Act 2014 can be applied retrospectively.

The timing of these changes is very worrying. 

First it has been rushed through in the last 2 weeks of parliament in the rush before the summer break.
Secondly it come into effect at the start of the Courts summer break making any injunctions against deportations much more difficult to obtain until the courts are back in October.
Will we see the Government attempt mass deportations over the summer period?
Are they so heartless and so determined to destroy the British Legal System!!!!!!!!