The High Court has rejected a judicial review challenging the Home Secretary’s refusal to consider an application made outside the rules. In doing so, the court rejected the argument that the Home Secretary should create a specific application form for leave outside the rules under the Afghan Relocations and Assistance...
In this briefing we look at the existing and developing mechanisms for support for migrant victims in the modern slavery system. We also recommend looking at “A guide to assisting survivors of modern slavery in the asylum system” produced by ATLEU and the Asylum Support Appeal Project in partnership with...
The High Court found a reasonable grounds (first stage) decision in a trafficking case to be unlawful because the Home Office decision maker adopted a restrictive and rigid approach to the definition of forced labour. The case is SAC v Secretary of State for the Home Department [2025] EWHC 1400...
Welcome to the weekly Free Movement newsletter! Just spotted this – a challenge has gone in on the pause to settlement applications from Syrian refugees. I have been saying for a while that I think this is where the stronger challenge is with the pause, given the different test at...
A new statement of changes to the immigration rules (HC: 836) has been published today and before your adrenaline gets going I can tell you that unlike some of the more recent ones, there are no immediate changes being made. As ever, the explanatory memorandum is a useful read but...
Recently a Ukrainian national got in touch with me to raise concerns about mass refusals of asylum/humanitarian protection claims within the community. As I have been predicting for a while, he told me that many people have been driven into the asylum system through a fear of being forced to...
The Upper Tribunal has upheld a decision to reject an application for indefinite leave to remain as invalid because the wrong box was ticked by the applicant’s lawyer at the outset, meaning the wrong application form was used. An opportunity provided by the Home Office to rectify the error before...
The 11th edition of the essential Macdonald’s Immigration Law & Practice has been published. The first edition was published by the late, great, Ian Macdonald QC in 1983 and the most recent edition in June 2021. Updating this comprehensive handbook is a huge and important undertaking, the general editors for...
The mantra of “safe and legal routes” is regularly repeated by the government when justifying increasingly draconian legislation in an attempt to prevent refugees from travelling to the UK under their own steam. The argument is that refugees should use these safe and legal routes instead of arriving in small...
Today the government has published the Deprivation of Citizenship Orders (Effect during Appeal) Bill which will mean that a deprivation order removing a person’s British citizenship remains in effect even if the person has successfully appealed, while any further appeals can be or are being made by the Home Secretary....
Over and over again we hear that refugees should claim asylum in the first safe country the reach. There are variations on the theme. Genuine refugees claim asylum in the first safe country. Refugees should or even must claim asylum in the first safe country. The asylum seekers coming to...
On the face of it, refugee status and humanitarian protection seem like two sides of the same coin. Both are a form of international protection granted to a person in need. Both result in a grant of five years’ permission to remain in the UK on a pathway to settlement...
Welcome to the weekly Free Movement newsletter! Two things happened last week that were covered by the media in a way that was incredibly annoying to anyone who values accuracy (hi!). The first happened on Tuesday morning and prompted an incredibly early start to my day as I thought I...
The High Court in Northern Ireland has refused leave (known as permission in England and Wales) for a judicial review challenging the pause on Syrian asylum claims, saying that the grounds were “unarguable”. The case is JR332, Re Application for Judicial Review [2025] NIKB 33. The applicant is a Syrian...
The current immigration rules on when a refugee may be joined by family members — often referred to as refugee family reunion — are woefully outdated and simply do not reflect the nature of modern families. Reform is long overdue. But in the meantime, it is feasible to make successful...
Asylum lawyers like me tend to focus on just one clause of the Refugee Convention: the definition of a refugee. This is the gateway to formal recognition as a refugee and is therefore of vital importance to any person seeking asylum. From this definition, set out at Article 1A(2) of...
The Upper Tribunal has made a declaration that the Home Office’s delay in considering further submissions was unlawful, after the Home Office “voided” the further submissions without telling the applicant. The case is R (D1527) v Secretary of State for the Home Department JR-2025-LON-001018. The applicant is an Egyptian national...
The Court of Appeal has issued a welcome corrective to the tribunals, telling them not to impose an “unrealistic evidential burden” on asylum applicants who claim that they are subject to monitoring by their home government. The case is MH (Bangladesh) v Secretary of State for the Home Department [2025]...
The latest tribunal quarterly statistics show that the immigration tribunal’s total appeals backlog stood at 90,389 cases as at 31 March 2025. At the same time the previous year it was 50,332 cases. The current appeals backlog consists of: 50,976 outstanding asylum appeals, up from 27,133 at the same point...
The latest report from Dr Jo Wilding, “No Access to Justice 2” looks at the continuing immigration and asylum legal aid crisis. This is an update to her 2022 report and includes a region by region analysis of demand and provision. In the 2022 report, London was the only region...
An appellant who is a Yemeni national who has lived in China since he was one year old has lost his appeal against the refusal of humanitarian protection on the grounds that he can return to China, despite the absence of evidence that China would grant him entry. The court...
Welcome to the weekly Free Movement newsletter! When I said last week that I expected we might get some answers on the immigration white paper from the Home Secretary at the Home Affairs Select Committee, I will admit that I had not yet watched this committee in action with this...
The Migration Advisory Committee has published its report on the minimum income requirement for families of British or settled migrants and has recommended that the government does not increase the minimum income threshold to the skilled worker threshold of £38,700 from the current level of £29,000. The call for evidence...
May is over and the immigration white paper has finally been published, so Sonia spends a bit of time at the beginning of this month’s podcast reliving the horrors of that. Andrew covers a very wide range of topics in this episode, from deprivation of citizenship to “self sponsorship” to...
Associate / Senior Associate – Immigration Solicitor Location: Hybrid – Office based Woking, with at least 3 days/week in office PQE: Up to 5 years Firm: Helen Smith Immigration Salary: Competitive, dependent on experience Helen Smith Immigration is a boutique, purpose-driven immigration practice handling high-quality personal and business immigration work....
The Upper Tribunal has refused a judicial review challenging a decision to refuse the applicant leave to enter as a visitor and to set directions for her removal from the UK. The case is R (Ezeh) v Secretary of State for the Home Department JR-2024-LON-001069. The applicant had previously been...
In my previous article, I outlined the precipitous fall in the rate of recognition for Afghan asylum claims following the change in the Home Office policy position in October 2024. I noted that the immigration statistics indicated that 26 Afghan women had their asylum claims refused. It seemed unbelievable...
The Court of Appeal has upheld a decision by the Home Office to refuse a certificate of travel to a woman granted leave to remain on family grounds following an unsuccessful asylum claim. The claimant in R (KH) v The Secretary of State for the Home Department [2025] EWCA Civ...
The seasonal worker route is a popular way to work in the UK temporarily. Migration statistics in 2024 confirm that 46% of all temporary worker visas were granted for seasonal work. The duration is short and doesn’t lead to settlement in the UK. Seasonal worker schemes were launched after the Second World...
A new report from Humans for Rights Network, Oxford Border Criminologies, Refugee Legal Support and Captain Support UK, “I told them the truth” looks at the ongoing criminalisation of people, including age disputed children, arriving in the UK in small boats from February 2024 to April 2025. This is an...
The Court of Appeal has found that an error by the Upper Tribunal in failing to place a relevant document before the decision making judge brought the case within the very limited exceptions for a Cart judicial review to proceed. The substantive challenge, however, was dismissed. The case is R...
Welcome to the weekly Free Movement newsletter! The Home Affairs Select Committee will take evidence from the Home Secretary tomorrow and she will be questioned on the immigration white paper, among other topics. The committee will be far more difficult to stonewall than MPs’ written questions, and so there is...
The High Court in R (TJ Trading Express Limited) v Secretary of State for the Home Department [2025] EWHC 1274 (Admin) held that before revoking the sponsor’s licence for non-compliance, the Home Office should have given the business an opportunity to make representations in response to its allegations. Background The...
So, you’re training to become an Immigration Advice Authority (“IAA”, formerly “OISC”) adviser. But what can you actually do once you’re accredited? In most cases, it’s straightforward. But not always. Even fully fledged advisers will encounter situations where they have to have a serious think about whether they can provide...
Mr Justice Swift has given some guidance on costs in judicial review applications that are compromised before the full hearing, stating that context is important and that all relevant matters should be considered, even where it appears that the applicant has obtained the relief sought. The case is R (IX)...
What is a creative worker visa and why is this route useful? A creative worker is someone who can make a unique contribution to the country’s rich cultural life, for example, as an artist, dancer, musician or entertainer, or as a model contributing to the fashion industry. The Creative Worker...
