Police and criminal justice newsletter may 2013

Page 4

Important information about Family visit Visas

Victory for common sense

Immigration is high on the political agenda at the moment, but away from the often heated debate, changes are due to be made to Family Visit Visas towards the end of June which are likely to affect many people.

Status of 17 year olds clarified

As a result of the Crime and Courts Act 2013, there will no longer be the right of appeal in the event that a Family Visit Visa is refused, unless the appeal is on human rights or race discrimination grounds. This change means it is essential that anyone applying for a Family Visit Visa provides all the evidence required when they make their application. There will be no right of appeal if an application is refused as a result of some supporting evidence not being included. The only option will be to make a fresh application and pay the fee again. Many of the cases relating to visas I deal with are trying to resolve problems with Family Visit Visas. It is vital that anyone applying for one of these visas ensures that they provide all the necessary information to avoid unnecessary delays, cost and inevitable disappointment when applications fail. Often the visas are for family occasions such as weddings, visits to new born family members. Getting the application wrong will mean the visit cannot go ahead and I urge families to ensure their relatives understand the importance of making sure the application contains all of the required information. More information is available on the UK Border Agency website http://www.ukba.homeoffice.gov.uk/ visas-immigration/visiting/family/.

A recent successful legal challenge will mean that 17 year olds will no longer be treated as adults while they are in police custody. In all other areas of law, 17 year olds are treated as children, but until this successful challenge, a 17 year old could be arrested and detained without there being any requirement to inform their parents or a legal guardian. The challenge was brought in the wake of several cases; one in particular involved a 17 year old being arrested and held without his parents knowledge. Tragically, he later took his own life. His parents have long campaigned for a change in the law, arguing that had they been informed, they could have offered their son vital support. A large public petition supported the campaign. The High Court ruled on April 25th that current rules were incompatible with human rights law. It is now expected that the Home Office will revise guidelines to reflect the finding of the Court. This will be done following a consultation. Sources of information The House of Commons has two select committees who have responsibility for scrutinising the work of the Home Office and the Ministry of Justice. They both produce regular reports on a range of issues. More information about the work of the Home Affairs Select Committee and its reports can be found here http://tinyurl.com/6uyk8hq . Similar information for the Justice Select Committee can be found through this link http:// tinyurl.com/7q8sty9

Get in touch: 47 Nolton Street Bridgend, CF31 3AA Call: 01656 750002 Email: moonm@parliament.uk Facebook: http:// www.facebook.com/madeleine.moon; or Visit www. madeleinemoonmp.com

Printed and promoted by Jennifer Humphreys on behalf of Madeleine Moon MP, House of Commons, London, SW1A 0AA


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