9 October 2023
Extradition to the UK blocked
A European court recently blocked the extradition of an alleged drug dealer due to concerns over the protection of his human rights in the requesting state. Perhaps not an unusual decision at first glance. But what makes this case stand out is that the requesting state was the United Kingdom.
26 July 2023
The TCA, the ECHR and the Illegal Migration Act
While the Illegal Migration Act 2023 received royal assent on 20 July, it was not accompanied by a declaration under the Human Rights Act 2003 that its provisions are compatible with the European Convention on Human Rights (‘the ECHR’), but with an “ECHR memorandum” stating that the government was of the view that Convention rights were not infringed. Nonetheless, the Prime Minister has acknowledged that the provisions “[push] the boundaries of what is legally possible while staying within the ECHR” and that the government would be “willing to reconsider whether being part of the ECHR is in the UK’s long-term interests”.
12 July 2023
Criminality and Part 9 of the Immigration Rules: so-called “mandatory” refusal grounds will not always mandatorily result in refusal
On 1 December 2020, the Grounds for Refusal in Part 9 of the Immigration Rules were amended, providing the Home Office with wider scope to refuse permission applications and cancel existing permission. The grounds include stricter mandatory grounds of refusal which, when applicable, require that applications for permission “must be refused” or existing permission “must be cancelled.” But just how mandatory are they? A recent case of ours indicates the presence of a hidden discretion that was once explicit.
11 July 2023
INTERPOL – new voice in responsible AI innovation?
In October 2022, INTERPOL announced the creation of its Metaverse “twin” – a virtual Headquarters that would, as a first step, serve as an immersive training space for law enforcement professionals. Almost 10 months later INTERPOL and the United Nations Interregional Crime and Justice Research Institute (UNICRI) unveiled their joint “Toolkit for Responsible AI Innovation in Law Enforcement” (the “Toolkit”), a guide for law enforcement professionals worldwide on developing and using AI responsibly.
6 July 2023
Why the Illegal Migration Bill?
On 29 June the Court of Appeal found that the Government’s Rwanda policy to send some people seeking asylum in the UK to Rwanda for the processing of their claims to be unlawful. The reason for this decision was that the Court was not satisfied that asylum procedures in Rwanda are sufficiently robust for it to be considered a safe country to which to send asylum seekers. The Government has until 6 July to decide whether to appeal against the decision to the Supreme Court. In the meantime, the Illegal Migration Bill, which has been designed, among other purposes, to limit or prevent access to justice for asylum seekers on a fast track to Rwanda is nearing the end of its Parliamentary journey. With four ouster clauses in the Bill which seek to prevent judicial consideration of these kinds of asylum cases, questions still remain about access to justice more generally beyond the lawfulness of the Rwanda policy.
