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The Illegal Migration Bill: Lessons from Privy Council Commonwealth cases on the Separation of Powers principle
June 2, 2023June 2, 2023Adrian Berry

The Illegal Migration Bill: Lessons from Privy Council Commonwealth cases on the Separation of Powers principle

Much has been said about the incompatibility of provisions in the Illegal Migration Bill with the treaty-based rights of asylum seekers looking to secure Refugee status. Too little has been said about the way in which the Bill’s provisions interfere with the role of judges as the judicial branch of government.
May 23, 2023May 23, 2023Adrian Berry

The Illegal Migration Bill: Breach of the Separation of Powers principle

The Illegal Migration Bill contains provisions, the use of which would frustrate the effect of interim measures from the European Court of Human Rights (ECtHR) in Strasbourg. In practice this means that such interim measures would have limited or perhaps no legal effect in stopping the Home Secretary removing from the UK persons subject to immigration control, including those seeking asylum. This is no need for this measure.
April 1, 2023April 1, 2023Adrian Berry

The Illegal Migration Bill: Interim Measures from the European Court of Human Rights

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

Illegal Migration Bill: Entry, Settlement, and Citizenship
March 20, 2023March 20, 2023Adrian Berry

Entry, Settlement, and Citizenship in the Illegal Migration Bill

The past was a different place. People did things differently. Even the Home Secretary. That matters when members of the Windrush generation seek to regularise their status or seek compensation for past wrongs. There is a common mistake at large that when a person left the UK for more than two years, their indefinite leave lapsed. That might be true today but it was not always true in the past.
March 10, 2023March 10, 2023Adrian Berry

Windrush: Leaving the UK before 2000, the problem of Lapsing Leave

Human Rights at Sea: Italian Lessons for the UK on Jurisdiction in A.S., D.I., O.I. and G.D. v Italy
January 16, 2022January 17, 2022Adrian Berry

Human Rights at Sea: Italian Lessons for the UK on Jurisdiction in A.S., D.I., O.I. and G.D. v Italy

Age Assessments
December 8, 2021December 8, 2021Adrian Berry

Age Assessment Provisions in the Nationality and Borders Bill

Removing Asylum-Seekers under the Nationality and Borders Bill: the Legal Foundation for Off-shore Processing
October 21, 2021October 21, 2021Adrian Berry

Removing Asylum-Seekers under the Nationality and Borders Bill: the Legal Foundation for Off-shore Processing

3rd Country Rules on the Inadmissibility of Asylum Claims in the Nationality and Borders Bill
October 20, 2021October 20, 2021Adrian Berry

3rd Country Rules on the Inadmissibility of Asylum Claims in the Nationality and Borders Bill

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