Asylum meaning

In this issue When planning permission is required Planning enforcement Obtaining, amending and implementing planning permission Nationally significant infrastructure projects Daily and weekly news alerts New and updated content Related Documents When planning permission is required Court clarifies scope of section 55 of the Town and Country Planning Act 1990 and resolving ambiguity in prior approvals (Dharmeshkumar v SSLUHC) In Dharmeshkumar v SSLUHC, the High Court found that substantial refurbishment amounted to “development” for the purposes of section 55 of the TCPA 1990, as it materially altered the building’s outward appearance and therefore required express consent. The court also confirmed that any uncertainty within prior approvals can be resolved by referring to the application paperwork and drawings, ensuring compliant aspects remain authorised while only non-compliant works face enforcement. See News Analysis: Court clarifies scope of section 55 of the Town and Country Planning Act 1990 and resolving ambiguity in prior approvals (Dharmeshkumar v SSLUHC). Planning...

In this issue: Education Social care Public procurement Planning Governance Children's social care Pensions Social housing Healthcare Licensing Daily and weekly news alerts New and updated content Education Supreme Court holds that statutory religious education and collective worship in Northern Ireland school breached human rights (JR87 and another for Judicial Review (Appellant)) In In the matter of an application by JR87 and another for Judicial Review (Appellant), the Supreme Court unanimously upheld the appeal advanced by a schoolgirl, JR87, together with her father, against the Department of Education (Northern Ireland). The court determined that delivering religious education and conducting collective worship in Northern Ireland’s controlled schools, as required by the current statutory scheme, violated their rights under Article 2 of Protocol 1 (A2P1) to the European Convention on Human Rights, when read in conjunction with Article 9 ECHR. Victoria Dennis, Educational Law Solicitor at Doyle Clayton, has offered observations on the...

R (on the application of Carralyn Parkes) v Dorset Council [2024] EWHC 1253 (Admin) What are the practical implications of this case? This ruling confirms how far planning control reaches in England and Wales under the TCPA 1990 where land meets the sea, and addresses whether ‘land’ covers the sea bed beyond the foreshore’s LWM. Although the High Court was told there is considerable opposition to the Bibby Stockholm being moored in the harbour and to its role in accommodating asylum seekers, the court emphasised it was not there to judge the merits of those controversies. Its focus was strictly on the legal issues presented by the claim... What was the background? The Bibby Stockholm is a barge stationed in Portland Harbour, Dorset, used by the Home Office to house asylum seekers. Up to 500 men are expected to live on the vessel while their asylum applications are determined. It is secured over a stretch of sea that is never revealed by the tide, situated below...

This Practice Note This Practice Note outlines the narrow exceptions that can be advanced in response to an application pursuant to the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the 1980 Hague Convention), encompassing a child’s settlement in a new jurisdiction, consent, acquiescence or failure to exercise rights of custody by the left-behind parent, a serious risk of physical or psychological harm if return is ordered, and the child’s objection to return. It also addresses the courts’ overall stance in child abduction matters regarding the exercise of discretion and immigration considerations. A taking parent will frequently rely on more than one of the available arguments. Strictly speaking, although widely used, the label ‘defences’ is a misnomer; instead, there are narrowly drawn ‘exceptions’ to the ordinary consequences of a wrongful removal, rather than true ‘defences’ that exonerate a parent’s wrongful conduct. For practical guidance on proceedings under the 1980 Hague Convention, see: Child abduction—introduction and issuing proceedings (1980 Hague...

Practice Note This Practice Note sets out the procedure for lodging an appeal before the First-tier Tribunal in the Immigration and Asylum Chamber. For an overview of the principal stages involved in a standard First-tier Tribunal appeal, refer to Practice Note: Procedure in the First-tier Tribunal (IAC). For the procedural sequence and further practical considerations when preparing a First-tier Tribunal appeal, see Practice Note: Preparing for an immigration appeal to the First-tier Tribunal (IAC)...

Pre-2025 Development Illegal Migration Act 2023 (IMA 2023) Gained Royal Assent on 20 July 2023, with some parts effective immediately; remaining provisions have been commenced by regulations. Passed under the former Conservative administration. In July 2024, the new Labour government introduced regulations altering the application date of the section 2 duty to remove. Rather than applying retrospectively to anyone arriving on or after 20 July 2023 (the date of Royal Assent), the duty now takes effect from the date on which section 2 commences. This change suspends the Act’s prohibitions on leave to remain and on citizenship for individuals who arrived in the UK after 20 July 2023 and met specified criteria. Key date(s) 20 July 2023: Royal Assent; staggered commencement through regulations. Further reading News Analysis: Implications of the Illegal Migration Act for all immigration cases Illegal Migration Act 2023 (Commencement No 1) Regulations 2023, SI 2023/989 Nationality,...

In the First-tier Tribunal (Immigration and Asylum Chamber) Appeal No: XXXAPPLICANT NAME – AppellantANDSECRETARY OF STATE FOR THE HOME DEPARTMENT Application for costs under 9 (2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604 1 Introduction This application is brought pursuant to paragraph 9 (2) (b) of The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, SI 2014/2604. The appellant seeks a costs order on the basis that the respondent has behaved unreasonably in the conduct of these proceedings. 2 This application has been made in-time, within 28 days of the date of [ insert relevant event or decision ] and has been served on the respondent. 3 Background The appellant is pursuing an appeal against a refusal of her human rights claim. A’s claim was refused on [ insert date ] and an appeal was submitted on [ insert date ]. The Tribunal listed a substantive hearing for [ date ] at [...

1 The decision is unlawful under section 6 of the Human Rights Act (section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002). 1.1 For the purposes of article 8(2) of the European Convention on Human Rights and Fundamental Freedoms (ECHR), the entry clearance officer’s (ECO) decision is unlawful because it fails to comply with the partner entry clearance requirements in Appendix FM of the Immigration Rules. 1.1.1 The decision disregards pertinent evidence demonstrating the genuine nature of the relationship, notably extensive telephone contact, photographs, and letters of support from friends and family that were submitted. Paragraph E-ECP.2.6 of the Immigration Rules is met. ...

In the immigration and asylum chamber [ Insert Home Office, Port and appeal reference numbers as appropriate ] First-tier Tribunal [ Insert venue ] Among : [ Name of Appellant ] Appellant – versus – Secretary of State for...

Information on right to work checks generally can be found in the following Practice Notes: Right to work checks: when and why Right to work checks: how to conduct the check Illegal workers—civil and criminal sanctions Section 15(1) of the Immigration, Asylum and Nationality Act 2006 (IANA 2006) makes it unlawful to employ an adult who is subject to immigration control where they have either: not been granted permission to enter or remain in the UK, or permission that is invalid, has expired or otherwise ceased to have effect (for example, cancelled or curtailed), or is subject to a condition barring them from taking employment For more information, see the section of Practice Note: Right to work checks: when and why entitled ‘Why’...