Maria Fernandes

Monday 27th July 2015 10:37 EDT
 

Scam in operation: Beware

A number of people have been scammed recently using personal details that have come in their possession. How this highly confidential information has come into their hands should be a serious question for the Home Office and their partners to answer. However many migrants who are in many cases completely legal categories have responded out of fear of having their status curtailed. Especially as the caller appears to have personal information. They are being asked to post funds to immediately and threatened with removal and deportation. The scam sounds fanciful and it is unimaginable that applicants would fall for this but many have. The details and the manner of extracting the cash varies depending on the vulnerability of the migrant. It is important to report the matter to the police immediately if such a call is made. The UKVI should be on high alert to deal with the issue of personal information being leaked in this way.

Human rights: the last port of call

With the removal of rights of appeal, and the introduction of a wholly unsuitable system of administrative review, the issue of human rights will assume of greater importance than it has so far. The Home Office have argued that they are not obliged to consider human rights unless there is a specific application in place. The Court of Appeal recently rejected this argument and made it clear that human rights is an obligation that exists regardless of whether there was a specific application made or not. This means that the Home Office must not be allowed to refuse to consider human rights in any case. It is also worth remembering that where there are human rights arguments, applicants should lodge an appeal in the Tribunal regardless of what the notice states. A hearing before a Tribunal is far superior to an Administrative Review. If in doubt, a suggestion that is worth considering is both exercising a right of appeal in a Tribunal and applying for an Administrative Review. The law in this area is developing and because rights of appeal are so restricted, human rights assume greater importance than ever.


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