The Home Office must reconsider an application in the now closed Turkish business person route after an poor initial decision to refuse was then compounded by flawed decision making on administrative review and in the subsequent judicial review. The case is R (Ozmen) v Secretary of State for the Home...
The Court of Appeal has dismissed a case on the basis that it does not have jurisdiction to hear it following the changes to section 11A of the Tribunals, Courts and Enforcement Act 2007, made by the Judicial Review and Courts Act 2022. This was an application for permission to...
Our October immigration round up is here and as we recorded shortly after the Supreme Court’s decision in the Rwanda litigation we included discussion of that at the beginning. Do keep listening after that though, as Colin and I cover everything from fishing to legal aid shortages via eSports, medico-legal...
The two statutory instruments that will pave the way for the use of x-rays and magnetic resonance imaging (MRI) scans of children’s bones and teeth for the purpose of immigration control are on track to be approved by Parliament. This is despite concerns being raised around the inability for children...
In this article we look at what registration as an Immigration Advice Authority (formerly the Office of the Immigration Services Commissioner or “OISC”) Level 2 adviser really means and how to go about it. We talk you through the Immigration Advice Authority requirements for advancing from Level 1 to Level...
It has been a bumper day for statistics, as the Office for National Statistics and the Home Office have published their latest quarterly figures covering all aspects of immigration and asylum. Contrary to the government’s line that their Rwanda deal and Illegal Migration Act are reducing small boat crossings, we...
The High Court has told the government that they should not be routinely redacting the names of civil servants when disclosing documents in the course of judicial review proceedings. The substantive judicial review challenge is to the Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023 which exempts asylum accommodation...
The Court of Appeal has dismissed an appeal against the deportation of a mother with a British citizen child, finding that their separation would not be “unduly harsh”. The case is FN (Burundi) v Secretary of State for the Home Department [2023] EWCA Civ 1350. Background The appellant is a...
The Court of Appeal has agreed with the High Court and dismissed an appeal on a point of statutory interpretation regarding when the right of abode was acquired through a person’s parent. The case is Indran Murugason, R (on the application of) v Secretary of State for the Home Department...
The UK is falling significantly short of international labour standards. In fact, the government’s labour migration policy and wider hostile environment actively produces risks of labour exploitation. In 2022, labour exploitation was the most commonly reported form of adult modern slavery cases recorded on the National Referral Mechanism, amounting to...
This post reflects on Wednesday’s momentous Supreme Court decision in the Rwanda litigation. You can read Colin’s initial take on the judgment here. The Supreme Court’s decision To recap, the Supreme Court decided that there are substantial grounds for believing that the removal of any asylum seeker to Rwanda under...
The Court of Appeal has sent a case back to the Upper Tribunal for reconsideration after a failure to properly consider article 8 and the making of a material error in relation to the appellant’s husband’s nationality. The case is Gurdeep Kaur v Secretary of State for the Home Department...
£28,302 – £32,549 full time equivalent (FTE) gross per annum Full-time at 37.5 hours per week (1.0 FTE), or part-time at 30 hours per week (0.8 FTE) One year fixed-term contract Member of the UK Legal Team London office with the option to work from home up to three days...
The Court of Appeal has allowed an appeal from the Upper Tribunal (IAC) against the refusal of an asylum claim by an Iraqi man whose claim was partly based on a risk of violence because of his relationship with his girlfriend. The case is ASO (Iraq) v Secretary of State...
Immigration lawyers tend to have a good grasp of the definition of a refugee. We can confidently recite the “well-founded fear” definition at Article 1(A)(2) of the 1951 UN Convention on the Status of Refugees (the “Refugee Convention”) which, if met, can lead our clients to a grant of refugee status....
The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court of Appeal’s judgment has been dismissed. Lord Reed, giving the court’s judgment, emphasised the non-political nature of the court’s...
The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent remains abroad. The United Kingdom’s immigration rules effectively presume that a child should remain outside the country with the other parent, unless the parent moving...
A new report comes with a stark warning: “As the number of sponsored migrant workers rises every quarter, the issue of migrant labour exploitation is only likely to increase”. Work Rights Centre, a charity that works to support migrants and disadvantaged British residents access employment justice, has today published their...
The Court of Appeal has dismissed an appeal where it was argued that evidence from an earlier judicial review should not be admitted to proceedings in the First-tier Tribunal due to late disclosure by the Home Office. The case is Kanhirakandan v The Secretary of State for the Home Department...
She managed longer than 43 days this time. But achieved little if anything more the second time around. Braverman forced the Illegal Migration Act 2023 through Parliament in record time on the basis that it was desperately urgent. Almost all of the legislation has not yet been brought into force....
The Home Office has changed the immigration rules and the guidance on making applications to the EU Settlement Scheme, taking a far more restrictive approach to late applications than has been the case previously. The Office of the Immigration Services Commissioner (OISC) has updated its guidance to reflect these changes...
Seraphus, a leading law firm specialising in European citizens’ rights and UK immigration law, is currently seeking a self-motivated and proactive individual to join our team. We are hiring a remote-working Immigration Caseworker or newly qualified Solicitor to contribute to our dynamic and talented team of twelve. This is a...
Britain has a proud history of welcoming refugees. It also has a shameful history of hostility to refugees. Often exactly the same refugees at the same time. As with all real life and real history — as opposed to more transparently ideologically driven accounts — it is a complex story....
The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority intervening) [2023] EWCA Civ 1307, meaning that people with pre settled status under Appendix EU are able to access universal credit in circumstances where they...
Draft regulations have been laid which will add India and Georgia to the list of ‘safe’ countries at section 80AA of the Nationality, Immigration and Asylum Act 2002. The Nationality, Immigration and Asylum Act 2002 (Amendment to List of Safe States) Regulations 2024 need to be voted through by both...
We have a vacancy at Settled for a Senior Immigration Adviser – Salary £33,250 per annum. The details are on the Charity Job website and applicants should apply here: https://www.charityjob.co.uk/jobs/settled/senior-immigration-adviser-scotland-wales-/936936?tsId=36 This is a new position funded by the Scottish and Welsh Governments, to increase the availability of free, high quality,...
Permission has been granted in a judicial review case where an Albanian man claiming asylum had his claim certified on the basis that he was from a ‘safe country’, meaning that he was not allowed to appeal. There was also an unlawful detention claim. The case is R (H) v...
An Iranian refugee who, according to MI5, holds an Islamist extremist mindset and is supportive of ISIL (Islamic State of Iraq and the Levant), has won his appeal against revocation of his refugee status. If the Home Office decides to revoke a person’s refugee status, there is a right of...
We are looking to recruit more specialist freelance contributors to Free Movement. If you can write fluently, you are interested in being read by a wide audience and you are fascinated by immigration law and practice then have a think about joining our small team of contributors. Free Movement is a platform...
The UK government is limiting evacuations from Gaza to British citizens only, forcing families to separate if any of them are to be safe, leaving others in extremely dangerous circumstances. It has been one month since the war started, and Israel’s heavy bombardment of Gaza has intensified during this time....
On 27 September 2023 the Solicitors Regulation Authority published a “warning notice” for solicitors carrying out immigration work, causing some alarm within the sector. Specifically, concerns were raised about the SRA stating that solicitors should be taking steps to authenticate a client’s account and evidence, without any further explanation of...
The Special Immigration Appeals Commission (SIAC) has concluded that the guidance given by the Supreme Court in Begum v Special Immigration Appeals Commission & Anor [2021] UKSC 7 on how deprivation decisions should be made is not limited to cases involving national security, it also applies where a person has...
As anticipated, the latest published trafficking statistics covering July to September 2023 show a substantial reversal in the number of refusals at reasonable grounds stage, although these are still far higher than before the Nationality and Borders Act 2022. How does the modern slavery protection process work? Firstly, a potential...
South West London Law Centres are recruiting a level 2 IAAS accredited caseworker/solicitor Salary up to £36,377 per annum depending on experience. Hours – Full Time or Part Time Considered South West London Law Centres (SWLLC) is recruiting a new solicitor/caseworker posts to permanent positions expanding our highly respected and...
The Court of Appeal has reiterated the process that should be followed in article 3 medical treatment cases in relation to the shifting burden of proof, as set out in AM (Zimbabwe) v SSHD [2020] UKSC 17 and in the headnote to the Upper Tribunal’s consideration of the case. This case...
The Home Office has explained in newly published guidance ‘Asylum decision-making prioritisation‘ how they will decide the order for decision making of asylum claims. This provides some much-needed clarity to the process. As anyone working in the sector can tell you, there is no fixed timeframe for an asylum claim...
The High Court has issued a damning judgment lamenting the Home Secretary’s attempt to defend a decision to place a highly vulnerable person seeking asylum in accommodation in Swindon, where he could not access his support network in London. The case is R (NS) v Secretary of State for the...
The House of Lords’ Secondary Legislation Scrutiny Committee has published a report criticising the Home Office on two fronts. This is in relation to Draft Immigration (Age Assessments) Regulations 2023 and linked Draft Justification Decision (Scientific Age Imaging) Regulations 2023, and the Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations...
In this podcast, Jamila Duncan-Bosu of the Anti-Trafficking and Labour Exploitation Unit discusses how the seasonal agricultural workers scheme facilitates exploitation, the barriers to people raising complaints about their treatment, and what the government can and should be doing about it. Last week, the Bureau of Investigative Journalism and the...
