Free Movement Weekly Immigration Newsletter #23

Welcome to the weekly Free Movement newsletter!

The Home Office appears to be continuing to refuse to release those people being unlawfully detained under threat of being sent to Rwanda, as Bail for Immigration Detainees and others reported further bail grants last week. The new date provided by the Home Office for when removals will start is 24 July, although as Mr Justice Chamberlain pointed out, “All this is, of course, subject to the outcome of the General Election”. Removal continues to be in no way imminent.

The Asylum Aid case has had an individual claimant, SM, linked and a rolled up hearing is listed for four days in the week commencing 8 July. Importantly, this case will also address the use of the inadmissibility process. The 12 Wilsons cases that are already pending in the Upper Tribunal on this point seem likely to be joined, along with others. 

In other Rwanda-related news, anyone who thinks that a solution for the people stuck on Diego Garcia is for them to be sent to Rwanda would be advised to read this BBC article which describes what those sent to Rwanda for medical treatment have been experiencing. 

A judicial review has been lodged on behalf of Reunite Families UK, challenging the recent increase to the minimum income requirement for spouses/partners. Part of the challenge is to the legal basis for the increase and what advice was received from civil servants. For those who don’t remember, this increase was seemingly launched in a last ditch and ultimately unsuccessful attempt to prevent Jenrick from resigning as Home Secretary. So it will be very interesting to see what evidence of the decision making process is disclosed here.

On Free Movement, Jack Freeland wrote up the latest successful judicial review by a care home which lost its sponsor licence. I did a piece looking at which parts of the Illegal Migration Act are actually in force now and why it should be repealed rather than ignored. We also updated our post on applying for a sponsor licence and I wrote up what seems to be the conclusion of the current round of litigation on how unaccompanied children arriving in Kent should be looked after. 

For anyone eagerly awaiting it, I am about to start writing up Friday’s section 3C decision and publishing that in the next day or so (we are also recording the podcast this afternoon so keep an eye out for that if you subscribe). 

On the training front, our OISC level 1 course for 15 July is already fully booked, so anyone who is working towards their level 2 exams would be wise to book a place on our level 2 course quickly. For webinars, there is one week to go until our family reunion session and less than a month until the one on mastering sponsor licence applications. 

Finally, a quick reminder that the consultation on sentencing guidelines for immigration offences closes on Wednesday.

Read on for the rest of the week here and elsewhere.

Cheers, Sonia

What we’re reading

Bad cases making bad law: how the politics of denaturalising bad guys created second class citizens – Colin’s Substack, 6 June

Labour pledges to investigate treatment of migrant workers in care sector – The Guardian, 4 June

Life inside Essex’s ‘prison-like’ asylum seeker site Wethersfield – The Independent, 10 June

Man stranded in Turkey can return to UK after Home Office U-turn – The Guardian, 5 June

‘He didn’t have a contract for me’: the Indian careworkers who paid agents to work in Britain – The Guardian, 2 June

Migrant workers ‘fear for their safety’ after deaths on Diego Garcia – The Observer, 9 June

Home Office asks Ukrainian woman scammed over visa scheme to leave UK – The Guardian, 9 June

UK growth since 2010 has been lacklustre and largely driven by immigration, says report – The Observer, 9 June