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Showing posts from April, 2017
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Understanding Re-Entry Bans T he Home Office can impose entry bans to individuals who have previously breached immigration law or used deception in their applications for leave. Bans can last 1 year, 2 years, 5 years or 10 years.  Generally speaking, and except for some minor exception, an individual will not be allowed to re-enter the UK during the length of the ban. Tough penalties for employers and employees who breach the immigration rules are of a recurring theme in this Immigration Special. When does the ban period start? The ban period will start on the date an individual left UK or, if there in the case of a 10 year ban following the use of deception in an application, from the date of the refusal of that application. When do re-entry bans not apply? Re-entry bans do not apply to applications made under: ▪      Appendix FM (Immigration Rule A320) ▪      Appendix Armed Forces (Immigration Rule B320) EEA Regulations, namely applicat
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The Lounani case: when can a member of a terrorist group be excluded from refugee status? A person applying for protection under the 1951 Refugee Convention can be excluded from its provisions under certain circumstances. As the Court of Justice of the European Union explained in B and D in 2010, these circumstances include those guilty of committing terrorist attacks. The background facts Mr Lounani left Morocco in 1991. He travelled to Germany where he submitted an application for asylum which was rejected. He then travelled to Belgium. He has resided illegally there since 1997. The legal framework The first port of call is the Refugee Convention itself. Article 1F states that: ·          The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: ·          …. (b). he has committed a serious non-political crime outside the country of refuge prior to his admission to t