March 2011 – Page 2

March 5, 2011

Ignored detention centre medical reports means torture survivors left to rot

An audit of the “Rule 35” process for reviewing the detention of torture survivors that the UK Border Agency has sat on for over a year was finally published this week, confirming fears that detention centre medical reports on victims of torture have been ignored. UKBA admit their practices “require considerable sharpening”.

Rule 35 is the only safeguard UKBA has to ensure vulnerable people, including torture survivors, are not “inappropriately” detained. It requires detention centre doctors to generate a Rule 35 report on “any detained person whose health is likely to be injuriously affected by continued detention”. UKBA should then review continued detention. Continue reading “Ignored detention centre medical reports means torture survivors left to rot”

March 2, 2011

New family returns process begins

28 February 2011

A radical new process for managing the return of families found to have no right to be in the UK starts today.

A new Independent Family Returns Panel is 1 part of a wider, updated approach to managing family returns. The new 4-stage process aims to return those with no right to remain in the UK with dignity, ensuring the welfare of children at all times. Continue reading “New family returns process begins”

March 2, 2011

Family proceedings and immigration cases

An important case from late last year has so far escaped comment here on Free Movement but deserves special mention: MH (pending family proceedings – discretionary leave) Morocco [2010] UKUT 439 (IAC) (28 September 2010). In it, the Upper Tribunal confirmed the currency of the earlier Court of Appeal of MS (Ivory Coast) v Secretary of State for the Home Department [2007] EWCA Civ 133 and held that where there are ongoing family proceedings involving children, an immigrant should be granted a period of Discretionary Leave. Once the outcome of the family proceedings is known this then enables the immigrant to apply under paragraph 248A of the Immigration Rules if such an application is justified by the outcome of the family case. Continue reading “Family proceedings and immigration cases”