Immigration & Asylum

CJEU rules that Member States are not obliged to grant refugees humanitarian visas

Judgment in Case C-638/16 PPU X and X v État beige

The Court of Justice of the European Union (CJEU) has ruled that refugees do not have to be granted humanitarian visas to the EU, even in circumstances where there is a risk of torture and inhuman or degrading treatment.

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Immigration & Asylum

Application for asylum not validly made can have no effect, says Supreme Court

Mirza and others v Secretary of State for the Home Department [2016] UKSC 63

The Supreme Court unanimously dismissed the applicants’ judicial review of the Secretary of State’s decisions to treat a number of asylum applications as invalid.

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Immigration & Asylum

CJEU rules that people smugglers can be prosecuted after immigrants have later gained EU citizenship because home country joins EU

Paoletti and Others (Judgment) [2016] EUECJ C-218/15

The Court of Justice of the European Union (CJEU) has ruled that people smugglers may still be prosecuted after illegal immigrants have since gained EU citizenship due to their country of origin being granted EU membership.

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Criminal Law, Immigration & Asylum

Court orders Syrian children to be reunited with family in Britain

On 20th January the Immigration and Asylum Tribunal of England and Wales ordered that three Syrian youths and an accompanying adult should be allowed to join relatives in Britain while their asylum claims are examined.

The four young refugees fled Syria in September 2015 and arrived at Calais in October.  The Court was told that the males had only spent one night in heated accommodation since arriving at the Calais camp.

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Immigration & Asylum

Supreme Court rules immigrants’ spouses must speak English before entering UK

R (on the application of Ali and Bibi) v Secretary of State for the Home Department (2015) UKSC 68

The UK Supreme Court has dismissed a challenge against immigration rules requiring people to be able to speak English before joining spouses in the UK. 

Since late 2010 the spouses of a British citizen or a person settled in Britain must pass an English language test before entering the country.  Prior to this, they were only required to demonstrate such knowledge two years after entry. 

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Immigration & Asylum

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