‘Deport first, appeal later’ measures start to bite From:Home Office and James Brokenshire MP Immigration and Security Minister published: 6 January 2015, Borders and immigration

Nearly 800 foreign criminals are being kicked out of the country as tough new ‘deport first, appeal later’ measures start to have an impact.
Powers introduced in the government’s flagship Immigration Act are cracking down on the appeals conveyor belt used by criminals to delay their removal from the UK. And more than 300 have already been removed – with nearly 500 more currently going through the system.
Non-suspensive appeals came into force in July, meaning Home Office officials can deport criminals before they have the opportunity to launch spurious claims under the Human Rights Act or falsely claim asylum.
Those deported then have the right to launch an appeal from their own country, rather than clogging the British justice system – costing UK taxpayers time and money in fighting the cases through the courts.
And the new powers have seen a number of criminals deported despite having family members in the UK – reinforcing the government’s stance that the right to a family life should not override the rights of wider society.
Immigration and Security Minister James Brokenshire said:
Foreign nationals who abuse our hospitality by committing crime in Britain should be in no doubt of our determination to deport them.
The countless appeals and re-appeals lodged by criminals attempting to cheat the system cost us all money and are an affront to British justice.
Non-suspensive appeals are allowing us to kick out foreign criminals more quickly and more efficiently than ever before and I want to see them used as often as possible.
Alongside tougher crime fighting measures, improved protection at the border and greater collaboration between police and immigration enforcement officers, the Immigration Act will help us deliver an immigration system that is fair to the people of this country and legitimate immigrants and tough on those who flout the rules.
The Act has also slashed the number of appeals available to foreign criminals from 17 to just four. And they have been denied the right to appeal against deportation simply because they do not agree with our decision.
Under the new rules, once a decision has been taken to deport a foreign criminal they will have to lodge any appeal and all papers their lawyers think are relevant to their attempts to stay from outside the country. This is putting a stop to delaying tactics often employed by criminals desperate to thwart justice. Previously, it was commonplace for criminals to submit to the court reams of new, unconsidered ‘evidence’ creating legal delays while government lawyers studied the new paperwork.
The non-suspensive appeals measures will work alongside other powers in the Immigration Act to speed up the justice system and make it more efficient.
Note:
The figures in this article are taken from internal management information compiled by Home Office officials (between 28 July 2014, when the first Immigration Act Commencement Order was laid and when the amendments to the EEA Regulations came into effect, and 17 December 2014). They are provisional and so subject to revision.
All of these cases in this article are associated with non-suspensive appeals for deportees. These are contained in Section 17(1) and 17(3) of the Immigration Act 2014 (certification of human rights claims made by persons liable to deportation) and, in respect of EEA nationals, in Regulations 24AA and 29(3) of the Immigration (European Economic Area) Regulations 2006 (as amended) (human rights considerations and interim orders to suspend removal, and effect of appeals). Regulation 29(3) provides that an appeal against a deportation decision no longer automatically suspends removal proceedings.
Further regular information on removals and voluntary departures can be found in the Home Office’s quarterly Immigration Statistics publication.

Non-EU family members do not need visa to enter UK, says European court Judges’ decision in McCarthy case is another setback in campaign by British government to control immigration from EU

European freedom of movement rules do not allow family members of EU citizens to be blocked if they don’t have a visa. Photograph: Gregory Wrona/Alamy
Britain cannot impose a blanket visa requirement on family members originally from outside Europe but who have valid EU residence rights, the European court of justice has ruled.

The decision is another setback in the government’s campaign to control immigration from the European Union.

Concluding that the EU’s freedom of movement rules trumped British claims that visas were needed to combat abuse of the EU residence card system, the judges in Luxembourg said the Colombian wife of Sean McCarthy, a dual British and Irish national living in Spain, did not need a UK visa or family permit to visit Britain.

The high court referred the case to the ECJ after McCarthy contested UK insistence on a family permit or visa, valid for six months, for his wife, Helena, every time they visit Britain. The couple have two children, both British nationals. The ECJ decided that Helena McCarthy’s Spanish residence card entitled her to travel to Britain without first obtaining a UK visa in Spain.

“The UK is disappointed with the judgment in this case,” said a government spokesman. “As the case is still to return to the UK’s high court for a final judgment, it would be inappropriate to comment further.”

The government argues that because it views the system of residence permits in some EU countries as suspect and open to abuse, it is entitled to impose a blanket entry requirement. The EJC dismissed this view, ruling that where suspicion existed, individual cases could be investigated and visa requirements imposed, but not as a general catch-all system.

“The [UK] legislation at issue requires an entry permit to be obtained prior to entry into UK territory, even where the authorities do not consider that the family member of an EU citizen may be involved in an abuse of rights or fraud. Family members who possess a valid residence card are thus prevented absolutely and automatically from entering the territory of the member states without a visa,” the court of justice said.

“The fact that a member state is faced with a high number of cases of abuse of rights or fraud cannot justify the adoption of a measure founded on considerations of general prevention, to the exclusion of any specific assessment of the conduct of the person concerned himself.

“Such measures would mean, as in the present case, that the mere fact of belonging to a particular group of persons would allow the member states to … disregard the very substance of the primary and individual right of EU citizens to move and reside freely within the territory of the member states.”

Immigration, EU freedom of movement and whether Britain should remain in Europe are increasingly vexed issue in the runup to next year’s general election. The Luxembourg ruling looks likely to cause trouble for David Cameron since it could open doors to thousands of non-EU nationals. It will also disgruntle Eurosceptic Tory backbenchers and fuel the Ukip anti-EU and anti-immigration campaign.

“Britain will be forced to recognise residence permits issued by any EU member state, even though the system of permits is wide open to abuse and fraud,” said the Ukip MEP Steven Woolfe.

“This ruling extends the so-called ‘right to free movement’ to millions of people from anywhere in the world who don’t have citizenship of any country of the EU. This is yet more proof that Britain can never take back control of its borders as long as it remains in the European Union.”

Timothy Kirkhope, a Conservative MEP, said: “We need a visa system controlled by the UK and not the EU. Of course the UK should have an immigration system which is fair, and does not disadvantage the right of British citizens to be with their family.

“We are disappointed as we believe that the UK’s visa system is both fair and lawful. Britain will always be best placed to decide and deal with its own immigration needs … not a judge in Luxembourg.”

PM announces new 24 hour visa service

From:
Prime Minister’s Office, 10 Downing Street and The Rt Hon David Cameron MP First published: 13 November 2014

Downing Street has today unveiled plans to extend the 24 hour visa service aimed to attract more investment in Britain.
The Rt Hon David Cameron MP

As the Prime Minister arrives in Australia for the annual G20 summit where he is expected to meet with around thirty global CEOs at the B20, Downing Street has unveiled plans to extend its successful 24 hour visa service to more business leaders, investors and wealthy tourists as part of the Government’s efforts to support British businesses and to deliver our plan to secure the long-term economic recovery.

The Super Priority Visa Service – already on offer in China and India – ensures a decision on a visa application within 24 hours, removing lengthy bureaucratic hurdles which many businesses fear put off possible business travellers, investors and rich tourists and pushes them towards countries with a simpler service.

The expansion will be rolled out by April 2015 to more countries – with G20 members Turkey and South Africa topping the list of seven which also includes the United Arab Emirates, Thailand, the Philippines and visa processing centres in New York and Paris. The additional cities have been picked due to high demand from businesses and high value travellers.

Welcoming the roll-out of the service, the Prime Minister said:

As part of our long-term economic plan, we are determined to do everything we can to back business, support investment and create jobs.

We are already taking action on that front including cutting corporation tax to the lowest rate in the G7 but we’ve got to keep listening to business about what more we can do to support them. And this new 24 hour service is another way we can help – it will persuade more business travellers, investors and tourists to visit Britain, to trade with Britain and to expand in Britain.

This is good news for British business and tourism, helping us to build a more resilient economy and secure a brighter future for Britain.

Additional information about the 24 hour visa service

Each visa application will cost £600 above normal charges, the same fee charged in India and China where demand has been averaging 50-60 applications per month and over 100 per month respectively.

All applicants must meet the strict requirements of our immigration rules and applying for a visa to enter the UK through the 24 hour service does not in any way guarantee a visa application will be successful.

The UK already offers customers an excellent visa processing service and these changes will help to ensure the service remains competitive. Other recent improvements include:

Expanding the priority visa (3-5 day) services to over 100 countries.
Improving visa application centres and offering them in more locations across the world.
Extending opening hours at visa application centres and adding premium lounges.