The government is right that the asylum backlog needs to be urgently addressed, but the Illegal Migration Bill will not tackle the backlog in any meaningful sense and could cause devastating harm to the rights of some of the most persecuted people in the world and the international refugee system....
An addendum to the Memorandum of Understanding between the UK and Rwanda signed last month when Suella Braverman visited Rwanda has now been published. The memorandum aim is to “create a mechanism for the relocation to Rwanda of individuals arriving illegally in the United Kingdom, who do not make an...
The High Court has upheld the effectiveness of the ouster clause in the Judicial Review and Courts Act 2022, which ousts the jurisdiction of the courts in Upper Tribunal permission to appeal decisions except in very limited circumstances. The decision is R (Oceana) v Upper Tribunal (Immigration and Asylum Chamber)...
Over the past week the Home Office have announced a number of plans to re-accommodate asylum seekers, culminating in yesterday’s announcement of an “accommodation barge”. So far the government has announced substitute accommodation to hotels at: When and if all sites are up and running (most likely not at full...
The Project for the Registration of Children as British Citizens (PRCBC) is seeking to recruit an experienced, self-motivating and committed Legal Practice Administrator to assist Solange Valdez-Symonds, PRCBC’s supervising solicitor and CEO. The postholder is expected to be at the core of and involved in all aspects of PRCBC’s work....
The High Court has rejected a challenge to the Secretary of State’s decision to move a group of Afghan families rescued from the Taliban in 2021 from one temporary hotel to another temporary hotel. R(HZ) v Secretary of State for the Home Department [2023] EWHC 660 (Admin) leaves open the...
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Will the Illegal Migration Bill breach the 1951 Refugee Convention, a global treaty to which the UK is party? The key point of contention in relation to this question is the Bill’s imposition of a blanket duty on the Home Office to remove to a “safe third country” non-nationals who...
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As well as guidance for individuals receiving the new asylum questionnaires under the streamlined process, Refugee Action has produced guidance for unregulated or OISC Level 1 caseworkers, and guidance for asylum volunteers. The aim of these guides is to assist those who have been approached by or who are working...
Immigration lawyers will occasionally, or in some cases frequently, take on a client whose level of English is limited. Or they may not speak any English at all. It’s crucial that lawyers understand their instructions and that clients understand the advice given. Misunderstandings can have devastating results in immigration cases....
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The High Court has ruled that the government’s second attempt to produce an immigration exemption to the Data Protection Act 2018 is still incompatible with the UK General Data Protection Regulation (GDPR). Only a week after the hearing, the judgment in R (on the application of the3million & Anor) v...
A new report by the international aid spending watchdog has revealed that the Home Office spent one third of the UK’s international aid budget on domestic asylum costs, leading to severe cuts to genuine international aid programmes. The Independent Commission for Aid Impact (ICAI) found that the permission given by...
In a bizarre policy-like update, the Home Office has amended its guidance on automatic acquisition of British citizenship: “While the Home Office assesses recently identified legal issues, the policy for acquisition of citizenship by individuals born in the UK between 1 January 1983 and 1 October 2000 inclusive to an...
In a colourfully-worded and expressive judgment, the High Court has found that challenges to the Home Secretary’s decision to refuse citizenship naturalisation applications can only be challenged on grounds of irrationality. The judgment is R (Sandy) v Secretary of State for the Home Department [2023] EWHC 640 (Admin). The facts...
The High Court has rejected a challenge to the Home Office’s dysfunctional and chaotic accommodation system. The case is MQ, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 205 (Admin). The Claimant and her two young children had spent months in a hotel...
The Home Office has emailed sponsor licence holders today to announce a few small but significant improvements that used to clog up the sponsor management system. Annual certificate of sponsorship (‘CoS’) allocations will now be automatically renewed with the same number as the previous year’s allocation. This saves the annual...
The Government Authorised Exchange (GAE) category of the Immigration Rules is one of the least known of all the UK’s visa options. It can be found in Appendix Temporary Work – Government Authorised Exchange to the immigration rules. The temporary work routes offer visas for temporary workers. According to the...
The Independent Chief Inspector of Borders and Immigration, David Neal, has expressed his frustration at the Home Office’s inability properly and promptly to address report recommendations in his comments published yesterday alongside the annual report for 2021-22. The annual report was sent to the Home Secretary on 8 July 2022,...
Resources have been published by Refugee Action to assist those who have received one of the new asylum questionnaires under the Home Office’s streamlined process. You can read more in detail about what to do with the questionnaire, how to fill it in, what to be cautious of when asking...
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The Home office has published new guidance introducing a streamlined process to deal with child asylum applications. The policy explained in the guidance apparently intends to help the Home Office fulfil the commitment made by Rishi Sunak to clear the asylum backlog by the end of 2023. The policy applies...
The adult dependent relative rules have been buried in Appendix FM since their inception on 9 July 2012. From 1 June 2023, they have been transposed into their own standalone Appendix Adult Dependent Relative. The new appendix was announced in the 9 March 2023 Statement of Changes to the Immigration...
Yesterday’s Spring Budget 2023 announced upcoming changes to the business visitor visa requirements and the addition of construction workers to the Shortage Occupation List. Additional language support for Ukraine Visa Scheme holders was also announced. Business visitor visa The changes expected in autumn 2023 will include expanding the range of...
Yesterday, the Court of Appeal handed down a judgment dealing with applications for permission to appeal on grounds refused by the High Court. An annex to yesterday’s judgment lists the grounds granted permission by the High Court. Permission to appeal The additional grounds granted permission in yesterday’s judgment include: First,...
This month Sonia and I talk a bit about denaturalisation generally and the case of Shamima Begum specifically, we cover the new streamlined asylum process and a few other asylum-related blog posts and then we run through a few cases. We manage to keep things a bit shorter than normal,...
On 15 February 2023, the High Court yet again found that the Secretary of State’s policy prohibiting migrants from accessing mainstream welfare benefits was unlawful. The policy, known as the no recourse to public funds (NRPF) condition, was the target of two judicial review claims brought on behalf of destitute...
As the House of Common’s second reading of the Illegal Migration Bill takes place today, this post looks at the detention provisions in clauses 11-14 and what they mean for individuals arriving in the UK. You can read Colin’s analysis of the Bill in full, here. The current legal position...
The treatment of a person’s job in human rights claims has been ambiguous and inconsistent in previous High Court decisions, but the judgment in Kulumbegov v Home Office [2023] EWHC 337 (KB) usefully corrals the decisions of Denisov v Ukraine (app. no. 76639/11), R (oao Atapattu) v SSHD [2011] EWHC...
This post provides an update on legal challenges to the Home Office’s policy and practice of requiring people on immigration bail to wear Global Positioning System (GPS) devices. You can read more about the policy and the legal framework here and here. To summarise, in August 2021 the Home Office...
A new statement of changes to the immigration rules has now been published. The explanatory memorandum to the statement can be found here. The most significant changes are the addition of the Electronic Travel Authorisation scheme, and the introduction of the Innovator Founder route on 13 April 2023. The minimum...
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The Illegal Migration Bill was published yesterday. You can access the Bill here and the Explanatory Notes here. While it remains a Bill, the individual provisions are referred to as clauses and once it becomes an Act — as it surely will — they are referred to as sections. The...
The scandal of asylum-seeking children going missing from Home Office hotels (Ministers resist terms such as ‘kidnapped’) is an extreme situation. But they are not the only children suffering at the hands of the UK’s migration policies. The Lords Justice and Home Affairs Select Committee has recently published All families...
On 1 February 2023 Mr Justice Cavanagh made a ruling, following a preparatory hearing on 14 and 15 December 2022, that asylum seekers can be prosecuted for arriving in the UK without valid entry clearance and for assisting unlawful immigration, contrary to sections 24(D1) and 25(1) of the Immigration Act...
Last week the immigration inspector published a 74-page stinging criticism of the Home Office’s approach to family reunion applications. After three previous inspections the Home Office’s performance had “deteriorated” and the inspection revealed “a system beset with delays and a team ill-equipped to manage the complexity and volume of applications”....
To try to reduce the asylum decision backlog, the Home Office has introduced a “streamlined” process, including a questionnaire to be completed, in English, by individuals from Afghanistan, Eritrea, Syria, Yemen and Libya who claimed asylum before 28 June 2022. Around 12,000 questionnaires are expected to be sent out, with...
