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Migration, Citizenship, and Free Movement

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Category: Passports

The Windrush generation who came to the UK as children prior to 1 January 1973 often have problems proving their UK arrival, and thereafter status prior to that date, when seeking to regularise their status in the UK or when seeking compensation under the Windrush Compensation Scheme for ill-treatment at the hands of the Home Office. Some of these problems are specific to their status as minor children on arrival and thereafter when in-country. As such, they deserve discrete consideration. The most problem important is tracing status against the development of UK immigration control of Commonwealth citizens from 1962 onwards.
March 24, 2023March 24, 2023Adrian Berry

Windrush: Commonwealth Citizen children arriving in the UK prior to 1973

A passport order can be made at certain points in civil litigation. A litigant may be forced to surrender their passport, so as to prevent them from leaving the UK. But what happens if they then overstay any immigration permission to remain in the UK as they are unable to travel? Might they be prosecuted for an immigration-related criminal offence? And what about the impact of such a restriction on their liberty and movement? Is there a violation of their fundamental rights?
September 6, 2021September 6, 2021Adrian Berry

Passport Orders in Civil Litigation: Consequences for Immigration Control and Human Rights

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