Immigration analysis: This appeal was a challenge to the lawfulness of the Immigration Exemption contained within paragraph 4 of Schedule 2Â of the Data Protection Act 2018 (DPA 2018). The Immigration Exemption allowed important data protection rights to be restricted by data controllers if it was said compliance with the rights in question would prejudice the maintenance of effective immigration control. This broad Immigration Exemption could be applied not only by public bodies but also private entities such as banks and landlords. Since its enactment it had been applied on several thousands of occasions by the Home Office alone. The Court of Appeal allowed the appeal, ruling unanimously that the Immigration Exemption contained inadequate safeguards and was incompatible with Article 23 of the General Data Protection Regulation (EU GDPR). A hearing to determine the appropriate remedy will take place later this summer. This ruling is likely to strengthen the data rights of...
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Does an immigration officer need a warrant to enter a client’s home address?Immigration officers have wide—but far from unlimited—statutory powers to enter an individual’s home without a warrant issued by a JP or (in Scotland) a sheriff.Powers derive primarily from the Immigration Act 1971 (IA 1971)
Can an applicant have two applications pending with the Home Office at the same time, where one application has been made under the Immigration Rules, and the other under the Immigration (European Economic Area) Regulations 2016?An application for leave to remain in the UK under domestic Immigration
False representations etc, deception and challenging grounds for refusalThis Practice Note looks at the common grounds for refusal and cancellation in the Immigration Rules, Part 9 which cover false representations, false information, false documents, relevant non-disclosure, and the linked ground
Biometric Immigration DocumentsWhat is a Biometric Immigration Document?A Biometric Immigration Document (BID) is the key ‘document’ that evidences the holder’s biometric and biographical information, immigration status, any conditions of stay, and entitlement to public funds. It can also confirm
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