National Justice Project’s Post

The writ of habeas corpus functions as a protector of liberty; enabling review by superior courts of the legality of custody or detention. Physical control of a person’s custody by a respondent must be proved for the issue of habeas corpus. Where it is the Executive who itself unlawfully detains an individual, this element of control will be satisfied. However, more difficult questions arise where the depriver of liberty is a foreign actor who, in furtherance of some common objective, acts in consort with the Australian Government. As I detail in the below article, such questions were recently confronted by the Full Federal Court in Save the Children Australia v Minister for Home Affairs [2024] FCAFC 81.

Update: Home Office Guidance for Asylum Claim Withdrawals On 3rd October 2024, the Home Office updated its guidance on withdrawing asylum claims, clarifying several key points. Asylum seekers must now ensure that their contact details are up-to-date, as failing to do so could lead to an implicit withdrawal of their claim. If a claim is withdrawn incorrectly, a review can be requested within 60 days of the withdrawal notice, with exceptions for victims of domestic abuse or modern slavery. For those considering voluntary return, formal consent is required to withdraw an asylum claim, and if departure does not occur, the Home Office will seek confirmation on whether they intend to continue their claim. Read more: https://lnkd.in/ep9FCFFQ #AsylumGuidance #HomeOffice #ImmigrationLaw #AsylumSeekers #UKLaw #LegalUpdates

Australia's inhumane detention centre on Nauru was emptied in July 2023. However, there are distressing reports indicating the government plans to refill it. On February 16, 2024, a group of people seeking safety arrived near the former West Australian church mission of Beagle Bay, sparking a significant response from Australian media and politicians over the weekend. Once again, refugees and asylum seekers have become politicized and are being used as pawns in a political game. Offshore detention is one of Australia’s most enduring and brutal policies, involving the detention of people in the Pacific while they await resettlement in a third country. This policy has caused immense suffering to individuals and families, while also placing significant pressure on the Australian economy and taxpayers. Furthermore, it has proven to be ineffective. The Edmund Rice Centre advocates for a compassionate approach to resolving this issue. We strongly oppose indefinite offshore detention. Externalizing Australia’s asylum obligations has undermined the rights of those seeking safety and protection, leading to serious harm to their physical and mental health.

My Petitioner Died. Can I Still Immigrate? If your petitioner dies, the I-130 petition filed on your behalf is automatically revoked, except for widows or widowers of a U.S. citizen. In such cases, the I-130 converts to an I-360 widower) petition. For other applicants, the I-130 is revoked, and immigration under the revoked petition requires a request for and approval of humanitarian reinstatement by USCIS. BBI Law Group 12901 Worldgate Dr, Ste 540
Herndon, VA 20170
Email: crm@bbilawgroup.com
Phone: (703) 496-7722 #BBILawGroup #familylaw #EstatePlanning #DivorceLaw #ChildCustody #LegalAdvice #TrustsAndWills #LegalSupport #HerndonLawyer #VirginiaLawyers #LawFirm #LegalServices#AttorneyAtLaw #LawyerLife #LegalHelp

People have been detained for show because it has been clear that the stated aim of putting people on a flight to Rwanda was not at this time going to happen (nor should it). If governments are permitted to just lock people up for no purpose beyond trying to look tough by oppressing some people, who some other people may or may be persuaded to dislike or suspect, that is an emphatic endorsement of all forms of prejudice. Essentially, what the government has done is treated some of us as if not fully human beings. It has acted as if basic principles of law and humanity do not apply because the people it has locked up for no proper purpose are, in its mind, not entitled to be treated with the basic respect for human dignity that is everyone's right. That includes not to be used (let alone used in such a harmful and oppressive way) simply as objects for other people's benefit - in this case, a presumed political/electoral benefit. https://lnkd.in/e8TTe_GY.

Hostility for Survivors, Impunity for Traffickers: How the Hostile Environment enables Modern Slavery So pleased to be able to share this new report which I have been working on with my colleagues at Hope for Justice and Slave-Free Alliance. We have known for a long time that traffickers use threats of detention and deportation as a means of controlling their victims – sadly, The Safety Rwanda Bill makes the traffickers’ threats a reality. This bill is currently being considered by the House of Lords, as part of the Government's strategy, to restrict the rights of asylum seekers and survivors of modern slavery. The bill creates more barriers for survivors to come forward and receive support, this is not only damaging for those individuals, it hinders the ability of law enforcement to hold the traffickers to account. Survivors hold crucial evidence and testimony for police and prosecutors. If they don’t come forward, traffickers can act with impunity. We’ve released a briefing paper with a ranch of recommendations:  1. undo the conflation of modern slavery and immigration control 2. allow survivors to report exploitation without fear of deportation 3. create safe and legal routes for people to reach the UK without having to rely on criminal networks. Please join us in advocating for greater protection for survivors of modern slavery and others who seek refuge in the UK. Read our briefing paper and contact your local MP and ask them to get in touch with Hope for Justice for more information.

Brilliant news for Dorset! The fight against the inhumane Bibby has been ongoing for months, and it's a victory for humanity. Now, I seek clarity from Keir Starmer on whether Rishi Sunak and his billionaire wife will reimburse the nation for the £22 million cost of the floating prison. Financial calculations revealed it cost more than just housing people, with an additional £370 million wasted on the Rwanda plan. What will be the next steps in this situation? The recent revelation that the UK Home Office has lost 440 asylum-seeking children between 2021 and 2024 to trafficking gangs is alarming. What systems can be implemented to prevent such tragic losses in the future? #humanrights #refugees #asylumseekers

A recent High Court decision critical of persons claiming to be refugees who attempt to manipulate the system for their own ends may be an initial signal to a change in attitude to the way in which our legal system will deal with migration cases in the future. #migrationaustralia #asf17 #highcourtofaustralia #migrationlawyer

The UN Committee on the Rights of the Child (CRC) considered the combined fifth and sixth periodic reports of Lithuania and adopted its concluding observations on 2 February 2024. CRC urged Lithuania to end the detention of asylum-seeking and migrant children in all circumstances, including detention at the border, by reviewing the Law on the Legal Status of Foreigners accordingly and ensure alternatives to detention with the timely provision of safe and dignified accommodation. Recommendations to Lithuania also include ceasing the practice of pushback operations and ensuring that children have access to information on asylum procedures and to legal aid. Read more: https://bit.ly/49uWxRC

New report -“NO SUCH THING AS JUSTICE HERE” THE CRIMINALISATION OF PEOPLE ARRIVING TO THE UK ON SMALL BOATS." Humans for Rights Network has identified 15 age-disputed children who were wrongly treated as adults and charged with these new offences, with 14 spending time in adult prison. Despite the Government’s rhetoric, both offences target people with no role in organised criminal gangs. The vast majority of those convicted of both ‘illegal arrival’ and ‘facilitation’ have ongoing asylum claims. Survivors of torture and trafficking been prosecuted. Those arrested include people from nationalities with a high asylum grant rate, including people from Sudan, South Sudan, Afghanistan, Iran, Eritrea, and Syria. Criminalising arrival to claim asylum will not 'stop the boats'. These offences must be abolished. Full report here - https://lnkd.in/e7pDE2Yp