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Home Office to crack down on human rights immigration appeals | Immigration Matters

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Home Secretary Theresa May will announce in the Queen’s Speech this week yet another immigration crackdown, this time aimed at human rights appeals by foreign criminals’, which prevent deportation by the Home Office.

Several newspapers have this weekend reported that foreign criminals will be deported and removed from Britain more quickly under plans to end drawn-out costly immigration appeals.

Following last week’s election results which saw UKIP taking thousands of Tory votes, Theresa May will change Immigration Rules which allow long legal challenges in the appeal courts as part of a new crackdown to be unveiled in the Queen’s Speech this week.

May is set to ‘tighten up the whole system’ to limit the grounds for offenders to challenge deportation orders, although this alone is unlikely to persuade appeal court Judges to deny access to basic ‘European Convention’ human rights.

The latest immigration clampdown will include measures to limit immigrants’ access to the NHS, benefits and social housing.

The Home Secretary plans to shorten the complex removal process which involves 14 different decisions, which allows prisoners numerous different grounds on which to appeal against removal or deportation.

A source said: “The whole process is ridiculously complicated and we’re told a big shake-up will be announced. The aim is to give them one shot at an appeal and no more.”

Mrs May wants to make it easier to deport illegal immigrants and overstayers after the Home Office has become increasingly frustrated by those who appeal on several different grounds, including human rights.

A number of high profile cases have embarrassed the Home Office including the 10 year multi-million pound legal batter to remove Abu Qatada, who entered the UK under a false name and still lives on benefits in a taxpayer funded house in an expensive part of north London.

In another case typical of those depicted in the tabloid press, a Bosnian refugee jailed for assault and affray has mounted a number of appeals and is still in Britain 2 years after being ordered to leave.

Even convicted rapists have escaped deportation on ‘article 8’, right to a family life, grounds because they have a girlfriend or a child in the UK.

This week the Home Office has lost another appeal after an Immigration Judge allowed a convicted drug dealer, who had abandoned his children, the right to stay in Britain on “human rights” family life grounds.

Hesham Mohammed Ali won his appeal against a Home Office deportation order by Theresa May, the Home Secretary, who wanted him removed from the UK because of his crimes.

Criminals or overstayers in a relationship with an EEA national have an even better chance of remaining in the UK under European regulations which override UK Immigration Rules.

Under the proposed Immigration Rule changes, migrants will be charged for using the NHS, forced to go to the back of the housing queue and denied access to benefits.

The new policies are aimed at allaying public fears about a wave of Bulgarians and Romanians coming here at the end of the year.

But the EU commissioner has already told the UK Government that it would be illegal to deny equal rights to EU citizens from Bulgaria and Romania, and there are no plans to pull out of EU treaties.

Last week the Home Office announced that the full right of appeal for family visitor visa applicants refused leave to enter the UK after June 2013 will be removed.

Since the coalition Government came to power they have closed many immigration routes into Britain by overhauling entry rules, blocked thousands of fee paying overseas students and have recently scrapped the UK Border Agency and brought immigration work back under the wing the Home Office.

If you have been arrested or detained, need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 1, 2, Tier 4, applying for university if your college has closed, Spouse Visa, ILR/Settlement, Citizenship, Dependant Visa or an appeal against a refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: or visit for free immigration news updates.

Related immigration blogs:

Home Office to remove right of appeal on family visitor visa refusals

UKIP Leader Nigel Farage wants to stop EU immigration to UK and warns of ‘Romanian criminals’ in London

Home Office changes to the requirements for settlement and naturalisation applications from October

Home Office lose appeal against drug dealer illegal immigrant who wins right to remain in UK

Abu Qatada wins latest deportation appeal

Immigration Appeals where UKBA withdraws original decision may not always be good news for appellant

Deporting illegal immigrants costs UK £100 million a year

Visa Fee Increase 6 April 2013



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