Free Movement Weekly Immigration Newsletter #65

Welcome to the weekly Free Movement newsletter!

Anyone relying on a US State Department “Country Reports on Human Rights Practices” report in an asylum or human rights claim should check the date on it carefully going forward, after reports on the weekend that these will no longer cover many areas, including reports of violence and discrimination against LGBTQ+ people. The report from NPR said that “forcibly returning a refugee or asylum-seeker to a home country where they may face torture or persecution will no longer be highlighted”. 

The change will affect the 2024 reports which are to be published in May this year. Last year’s reports will still be useable in many cases unless there has been a significant change and there are alternatives including the Home Office’s country policy and information notes, although those are not free of problems or political pressures either. The work of Asylos will be more important than ever. 

Another person died trying to cross the Channel from France to the UK last week. I cannot believe that the government actually thinks that the proposed “people swap” with France would have any impact on crossings. Similarly, this whole “returns hub” idea seems unworkable and almost certainly unlikely to impact the number of people arriving. LBC (and no doubt others) reports that Italy has been sending people to Albanian detention centres “for some time”, but that is hardly the whole story and anyone paying attention is aware of what a disaster the roll out of those centres has been.

It was a short week on the blog because of the Easter long weekend, we covered this Court of Appeal decision on an attempt to switch from the student route to skilled worker, after the immigration rules were amended to prohibit such a switch. 

We also updated our briefing on the asylum system with the 2024 statistics and our guide on right to work checks to include the pending changes to those working in the gig economy. 

Today’s post is a really interesting one from Iain Halliday looking at whether the eligibility requirements in Appendix FM that prohibit non-EEA nationals with pre-settled status from sponsoring a spouse/partner are discriminatory. The Home Office has conceded at least one judicial review on the point so it is worth being aware of the argument. 

For everything else on Free Movement and elsewhere, read on.

Cheers, Sonia

What we’re reading

Have we reached ‘late-stage immigration legislation’? – Colin in Legal Action Group magazine, April 2025

ILPA Statement on Upholding the Independence of Immigration Lawyers and Judges – ILPA, 16 April

Top cancer experts ‘being put off UK by politicians’ messaging on immigration’ – The Guardian, 21 April

Ten assaults a day on asylum seekers in Home Office care, figures reveal – The Guardian, 21 April

Lack of immigration legal aid ’emotional torture’ – BBC News, 20 April

Yvette Cooper facing fresh pressure to close ‘prison-like’ Wethersfield asylum camp – Independent, 19 April

Fact sheet: Criminalisation of modern slavery survivors – After Exploitation and Hibiscus, 15 April

I interviewed desperate mothers seeking asylum in the UK. Their stories drastically changed my view of the ‘migrant crisis’ – Glamour, 4 April 2025

High Court grants interim relief and orders the Home Office to release HIV positive detainee – Garden Court Chambers, 16 April

As legal fight raged, ICE buses filled with Venezuelans heading toward airport turned around, video shows – NBC News, 20 April