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Problems with the Home Office’s Controversial ‘Good Character’ Test

The criterion applied under the 'good character' test regarding immigration has had disastrous effect. However, in 2021 a 'skills-based' immigration vision for all EU entrants into the UK will be implemented, transitioning our system from bad to worse.

11:00, 9th July 2019
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Fundamental No More? Dual Nationality and the Loss of EU Citizenship

The European Court of Justice has steadily granted more and more extensive protection to citizenship law. However, a recent case - Tjebbes [2019] - represented a change in tone, considering whether EU law precludes national legislation providing for the loss of nationality by operation of law.

11:00, 18th June 2019
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Nationality in Sport: Nailing your Colours to the Mast?

A person's nationality can be an emotive thing. Stringent rules often operate regarding whether one can become a national of another country. These rules, however, are somewhat short-circuited by an alternate procedure in sporting law. Can they co-exist, and what will be the position after Brexit?

11:00, 21st May 2019
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Domestic Abuse Bill: Migrants Falling Through the Cracks

The recently proposed Domestic Abuse Bill represents a great step towards protecting vulnerable persons that would otherwise continue to face life-threatening danger every day of their lives. However, it doesn't go far enough - specifically, migrants and minorities fall through its cracks.

12:00, 15th March 2019
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The Refugee Crisis and Human Rights: Where Are We Now?

The Dublin Regulation determines member state responsibility for asylum applications. Its aim was efficiency but it has faced various human rights challenges. Reform can achieve both efficiency and human rights compatibility by re-distributing the burden of applications more fairly

12:00, 30th November 2018
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R v MK: Clarifying the Defence in Section 45 of the Modern Slavery Act

Under Section 45 of the Modern Slavery Act 2015, victims of trafficking have a defence when charged with certain criminal offences. In a recent decision the Court of Appeal was asked to decide on whom the burden of proof lies; in a welcome decision it restored the orthodoxy.

11:00, 7th September 2018
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How the Home Office Misused Anti-Terror Legislation Against Skilled Migrants

Paragraph 322(5) of the Immigration Rules provides the Home Office with a broad power to refuse immigration applications. One of the grounds of refusal is 'undesirable conduct'; recently, the Home Office has misused this ground to target skilled migrants who make minor tax mistakes.

11:00, 17th August 2018
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Taming the Dragon: Keeping Welsh Law Accessible in the Devolution Age

Changes to the devolution arrangement have highlighted an increasing problem for Welsh lawyers: the inaccessibility of Welsh law. As Supreme Court justice Lord Lloyd-Jones explained in a recent speech, there are several ways to resolve this issue. His proposal is preferable, but still has flaws.

11:00, 15th May 2018
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An Age-Old Question: The Law of Refugee Age Testing

Keep Calm Talk Law makes its comeback with an examination of law covering the tests through which the age of young asylum seekers is determined, following controversial claims from the tabloid press late last year that some refugees were falsifying their age to facilitate their entry into the UK.

12:00, 10th January 2017
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Double Standards: Dual Nationality Passport Stripping

The Home Office has announced that the Asian-born perpetrators convicted of child sex exploitation in Rotherham will be stripped of their UK citizenship and deported at the end of their sentences. To what extent does the Home Secretary have such powers, and should they be used in this way?

11:00, 21st April 2016
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At Home and at Work: Consequences of the Immigration Bill 2015

Though heavily criticised both for the rhetoric and factual accuracy of this speech, the Home Secretary’s continued focus on immigration is reflective of the topic’s dominance in public concern. What are the proposed changes, and do they have any merit in terms of potential efficacy?

12:00, 13th January 2016
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‘The Nuclear Option’: Can states reject Europe and refuse refugees?

Several Eastern European countries voted against a mandatory quota introduced by the EU to relocate migrants. The decision was taken by a qualified majority in the European Parliament, instead of the norm for decisions of gravity; unanimity in the European Council. Could challenge be successful?

12:00, 20th November 2015
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Victims of human trafficking and the criminal law

Since the beginning of 2015, the English legal system has seen great numbers of both additions and failures. One such addition, which is yet to prove its worth, is the Modern Slavery Act. One potentially significant improvement is the Section 45 defence for trafficking victims. But is it flawed?

11:00, 16th October 2015
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‘Environmental Refugees’ and the possibility of subsidiary protection

Over four million Syrians have now fled from the civil war. A study by the Washington based Center for Climate and Security highlighted that a changing climate enabled the start of the Syrian Civil War and, as a result, the people fleeing are ‘environmental refugees’. Does the EU recognise this?

11:00, 6th October 2015
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