News & Views Monday 6th November to Sunday 12th November 2017  
Facing Deportation –Never Stop Fighting - Never Give Up

In June 2016, many of you responded to the Campaign to keep Kamsan Sivakumar, in the UK

Dear Friends,
                     Finally, I received letter from the immigration court and it stated that my Final Full hearing will be heard on 1st of December 2017 at 10am at Taylor House IAC in London. First of all, warm thanks to all who signed and shared my petition this definitely made a huge different that I firmly believe.

I would be grateful some of you attend to my hearing to support me, it will be a good “get together”.

If you need to know any further information please do e-mail to my address: -
In Solidarity, 

Kamsan Sivakumar

Do Not Deport Kamsan Sivakumar Back To Sri Lanka

Nationality Policy: Assessing Ordinary Residence

Newly issued guidance tells UKVI caseworkers how to consider whether an individual is ordinarily resident in the UK for the purposes of assessing nationality applications.

The Immigration Act 1971 and British Nationality Act 1981 state that a person is ‘settled’ in the UK if they are ordinarily resident in the UK without being subject to immigration time restrictions. A child born in the UK will be a British citizen if either parent is settled in the UK at the time of the birth.  (For an explanation of the term ‘parent’, see the general information guidance)

The term ordinary residence is not defined in the immigration or nationality acts and has not been defined in any Act of Parliament. The leading case in this area is R v Barnet LBC ex parte Shah [1983] 1 All ER 226. The House of Lords found that the concept of ordinary residence implied:

*  ordinary residence is established if there is a regular habitual mode of life in a particular place for the time being, whether of short or long duration, the continuity of which has persisted apart from temporary or occasional absences

*  residence must be both: voluntary AND adopted for a settled purpose

*  a person can be ordinarily resident in more than one country at the same time, distinguishing it from domicile

*  Ordinary residence is proven more by objective evidence than evidence of an individual’s state of mind at a point in time.

Although Shah was concerned with the meaning of ordinary residence as used in the Education Acts, the decision is widely recognised as having wider application and must be followed when considering applications for nationality.

Read more: McGill & co,

Transnational Marriage Abandonment Now Recognised as Abuse in the Family Justice System

Southall Black Sisters (SBS) welcomes the recognition that has finally been given to the problem of transnational marriage abandonment in the family justice system. In partnership with the University of Lincoln and Dawson Cornwall Solicitors, we have managed to persuade the President of the Family Division to include abandonment as a form of domestic abuse in his revised Practice Direction on child arrangements, domestic violence and harm.

Many South Asian women in particular, contact SBS with appalling accounts of abuse and abandonment. The practice involves abusive British national or British resident husbands deliberately disposing of unwanted brides in their countries of origin where they are often at risk of violence, exploitation, poverty, destitution and social stigma. They are left trapped in abusive and limping marriages and in circumstances that involve the deliberate infraction of their legal rights to protection, support and rehabilitation. Until recently, this problem was little understood in family law, policy and practice in the UK. We hope that the revised Practice Direction will mean that family courts will now be more responsive to abandoned women who wish to assert their legal rights to property, maintenance, dowry and children upon divorce in the UK.

The Practice Direction will provide guidance not only to family court judges but also to family law practitioners and the Legal Aid Agency which has often failed to recognise abandonment as a form of abuse and so refused legal aid. Much more needs to be done to secure protection for abandoned women, but the Practice Direction is an important step forward as we also turn our attention to immigration law and policy to make similar demands.

Source SBS:

'No Deportations' v Home Office - Breaches of Section 17(3) + sections 1 and 10 of the FOIA

On 2 May 2017, the complainant wrote to the Home Office and requested information in the following terms:

"Number of reported 'Food Refusals' across the detention estate Ql January/ February/ March 2017 Inclusive

From which IRC's [Immigration removal centres] were the reports made and how many".

ICO Decision (including any steps ordered)

The complainant requested information relating to food refusals across the detention estate.

To date he has not received a substantive response.

The Commissioner's decision is that, although it has complied with section 17(t) in stating which exemption is to be relied upon, by failing to complete its public interest test considerations within a reasonable time period the Home Office has breached section 17(3) of the FOIA.

The Commissioner also found breaches of sections 1 and 10.

The Commissioner requires the Home Office to take the following steps to ensure compliance with the legislation: issue a substantive response to the complainant's request, either disclosing the requested information or issuing a refusal notice which includes the outcome of the public interest considerations.

The Home Office must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

Information Commissioners Office Friday 3rd November

Crisis Group Watch List 2017 – Third Update

Crisis Group’s third update to our Watch List 2017 includes entries on the Northern Triangle of Central America, the Democratic Republic of Congo, post-ISIS Iraq, Myanmar’s Rohingya crisis, and Turkey’s refugee challenge. This annual early-warning report identifies conflict situations in which prompt action by the European Union and its member states would generate stronger prospects for peace.


Failure to Take Account of Material Evidence

Muhammad Usman ( MU ) came to the UK as a student. He complied by all accounts with regards to the conditions imposed by his Tier 4 Visa. He studied and undertook part time work as permitted up to 10 hours a week. When he was encountered by Immigration officers at his place of work, the restaurant manager mistakenly indicated that he was working almost full-time hours. He was subsequently detained and was served with notice curtailing his leave with immediate effect indicating that he had used deception in seeking leave to remain under para 323(ia) of the Immigration Rules.

Judicial Review proceedings ensued on the basis that the Secretary of State had wrongly based her decision on the allegation of deception. That initial decision was withdrawn but a further notice of curtailment issued on the basis that MU had failed to comply with conditions attached to his grant of leave to remain.

However, what was quite unforgiving was that it was a matter of agreement between the parties that the resturant manager had gone to the offices of the Secretary of State the following day, partook in an interview by a Home Office official retracting his statement and providing correcting evidence attesting to the actual hours MU had worked ie: the permitted 10 hours per week.

Read more: McGill & co,

A Chance to Live and Work Legally in the US With A Green Card

American DV-2019 Green Card Lottery?

Enrolment into this year’s USA Diversity Visa Green Card Lottery program is open to all individual’s world-
wide, who meet the two entry requirements specified below. If you meet these two entry requirements, you can enter the USA Green Card lottery here: Register for the DV-2019 Lottery. Note: This year’s lottery is called the DV-2019 Lottery, where 2019 means the year where successful applicants can enter the United States of America in January, 2019 after they have won a permanent resident card in the lottery, submitted their immigration forms and participated in a successful green card interview at the Embassy closest to where they live.
1. To be Eligible to enter the Green Card Lottery you must be a native of a qualifying country
To qualify for the USA Diversity Visa Lottery, you must be a foreign citizen or national not born in the United States of America, from a country with a low immigration rate to the United States. People born in countries with high US immigration are excluded from this immigration program. Please see the table below, for countries whose natives are currently excluded from this year’s immigration lottery program. Please note, eligibility is determined only by the country of your birth, it is not based on country of citizenship or current residence. This is the most common misperception that applicants make when entering this immigration program.

Natives from the following countries are excluded from participation in the Green Card lottery program this year: Bangladesh, Brazil, Canada, China (mainland only), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom, (except Northern Ireland), Vietnam.

Natives from all other countries may register and apply for a USA Permanent Resident Card, also known as a green card in this immigration program, if they also meet the second eligibility requirement described below.
If you were born in one of the non-qualifying countries in the table above, you may still be able to participate in the USA Diversity Visa Lottery based on the country of birth of your parents or spouse, click on More

Information to see how you can charge your eligibility to either your spouse or parents country of birth.

Natives born in the Gaza Strip are chargeable to Egypt for the USA Diversity Visa Lottery this year and should use Egypt as their country of birth. Natives born in Hong Kong SAR, Macau SAR, and Taiwan are eligible to enter this year’s DV immigration program.

Full information on how to apply can be found here:

Do not contact ‘No-Deportations’, we cannot help with this.

Continuing Conflicts That Create Refugees - November 2017

Deteriorated Situations: Cameroon, Somalia, Afghanistan, Spain, Iraq, Libya

Conflict Risk Alerts, Nigeria, Libya   -   Improved Situations: None

Global Overview October 2017: Iraq faced greater instability when government forces swiftly took back disputed territories including Kirkuk in the aftermath of the Kurdish region’s independence referendum, while in Libya fighting worsened in the west and could spread in November. Insurgent violence spiked in Afghanistan resulting in mass casualties, and Somalia saw its deadliest ever terror attack. In Cameroon, security forces cracked down on militant secessionist groups in the Anglophone minority, while tensions over the contested independence referendum in Spain’s Catalonia deepened. Clashes between herders and farming communities in Nigeria could flare with the Benue state government imposing its ban on unrestricted grazing.

Read more: International Crisis Watch,

The Link Between Your Mobile Phone and Human Rights Violations In DRC

Everyone who uses a tablet, smartphone and laptop computer should know about cobalt which is used to build batteries found in mobile technology. Sixty per cent of the world's cobalt comes from the Democratic Republic of Congo where men, women and children work in dangerous and unhealthy conditions to provide the world with its most up to date communications. DRC is a mineral-rich country yet the people who live there are impoverished and living under the brutal regime of Joseph Kabila which has committed countless human rights violations.

Housing Intimidation Northern Ireland: Over 2,000 Incidents but Only 32 Convictions

Despite nearly 2,000 validated incidents of people being forced from their homes in Northern Ireland due to intimidation in the past five years, just 32 convictions for housing intimidation have been secured during a similar time period.  Leading victims and justice groups are calling on the Police Service of Northern Ireland (PSNI) to provide greater transparency on how it is addressing the problem, which has cost the Housing Executive more than £7.5million since 2012. Information on where the majority of incidents have taken place suggests the involvement of loyalist paramilitaries.

Housing intimidation is a long-term problem which since the signing of the Good Friday Agreement in 1998 has seen more than 10,000 accepted cases. Thousands of other alleged cases were reported but not verified.

Read more: The Detail,