Legal Matters

Supreme Court Pronounces On The Immigration Rules

In Briefing Paper No 8.43, issued in July 2010, I commented on the case of Pankina v. Secretary of State for the Home Department [2010] EWCA Civ.719, decided by the Court of Appeal. The principle enunciated in that case is that changes in the law, in particular to detailed provisions in the Immigration Rules, must […]

1st August 2012 (Legal Matters, Policy)

Bill Of Rights – Second Consultation

In our legal Briefing Paper No 8.55 published in August 2011 I set out the views of Migration Watch in response to the initial consultation paper issued by the Commission on Human Rights.  For all the reasons set out in that paper we expressed ourselves to be strongly opposed to a new Bill of Rights. On […]

19th July 2012 (Legal Matters, Policy)

Right To Family Life – New Immigration Rules

The Home Office has recently promulgated a document running to 45 pages which substantially amends those paragraphs of the Immigration Rules which relate to family life. In this paper I am concentrating on those amendments which relate to the ability of convicted immigrant criminals to plead in accordance with Article 8 of the European Convention […]

Family And Employment Matters – Legal Notes

1. Abolition of family visit appeals. (i)   The Crime and Courts Bill had its second reading in the House of Lords on 28 May. Its main purpose is to establish the new National Crime Agency, but among its other miscellaneous provisions are two which are intended to make changes in the immigration appeals system.  […]

House Of Commons Debate And Motion On The Application Of Article 8 Of The Echr

 Summary of the debate held in the Commons chamber on 19th June (Hansard Reference: 19 June 2012 : Column 760). Theresa May and Damian Green's speeches are shown in full.  

21st June 2012 (Human Rights, Legal Matters, Policy)

Asylum And Temporary Admission

For a general discussion of the 1951 Geneva Convention relating to the Status of Refugees together with the New York Protocol of 1967, (together referred to in this paper as “the Convention”) you are referred to Legal Briefing Paper 8.32 “Asylum Seekers – a serious case of misunderstanding” and also to the definitions of “asylum”, […]

10th April 2012 (Asylum, Legal Matters, Refugees)

European Convention On Human Rights (echr) Article 8

This Article states: 1 Everyone has the right to respect for his private and family life, his home and his correspondence. 2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the […]

23rd February 2012 (European Union, Legal Matters)

The Prime Minister’s Speech On Immigration

Comment by Alp Mehmet, Vice Chairman, Migration Watch UK 10 October, 2011 This is the Prime Minister's second speech on immigration in six months showing he clearly means business. We wholeheartedly support this. It is refreshing that he recognises that the Points Based System is a 'box ticking exercise'.

The European Convention On Human Rights: Recent Developments

A recent report by Civitas, otherwise the Institute for the Study of Civil Society, under the title of “Strasbourg in the Dock: Prisoner voting, human rights and the case for democracy” has trenchantly analysed some of the current problems with the European Convention on Human Rights (ECHR) and in particular with the functioning of the […]

Immigration And Marriage – An Outline Of The Legal Position

This paper is not intended as an authoritative statement of the law but rather as a summary of the position. The requirements for entering the United Kingdom as a spouse are currently set out in paragraph 281 of the Immigration Rules (HC 395)…. To see the full briefing document go to briefing paper 8.9

28th April 2011 (Legal Matters)

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