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...
Contract: Permanent Hours: 35 hours or 42 hours per week if a job share between a doctor (21 hours) and solicitor/barrister (21 hours) Location: Any centre: London, Manchester, Birmingham, Glasgow, Newcastle, Starting Salary: London – £60,862 – £70,600 per annum (including London Weighting) Outside London – £57,185 – £66,335 per...
Danielle Cohen Immigration Law Solicitors Limited are looking to hire Consultant Solicitors. We are a niche firm specialising in immigration law and human rights. We are a small team based in the heart of Camden Town. We are dedicated to support experienced lawyers to continue their careers as Consultant Solicitors....
There aren’t many books about immigration law in the United Kingdom so the publication of a new one should be regarded as something of an event. On top of that, it’s not often a book challenges your view of the concept of “law”. Professor Robert Thomas’ Administrative Law in Action:...
A new commencement order has been made today that will bring further provisions of the Nationality and Borders Act 2022 into effect. The Nationality and Borders Act 2022 (Commencement No. 7 and Transitional Provisions) Regulations 2023 means that parts of section 46 (removals: notice requirements) and section 52 (use of...
At least 51% of asylum applicants in England and Wales – 37,450 people – are now unable to find a legal aid lawyer. That is the deficit between the number of new legal aid cases opened (‘matters’) and the number of new applications for asylum. This analysis comes from Freedom...
Job Advert: Consultant/Freelancer (preferably), or possibly an employed Solicitor. We have two vacancies for two qualified Solicitors with proven experience in Immigration, Family or Civil Litigation to join our vibrant and friendly team, either as Consultants/Freelancer (preferably) or possibly as an employed Solicitor. The Roles: The successful candidates should have...
Here, we look at the practicalities involved in getting a good medico-legal report. We have previously explained what a medico-legal report is and that article should be read alongside this one. These reports can be a game changer in cases involving vulnerable clients, but in the current climate it is...
UNHCR has published their recommendations on how the Illegal Migration Act 2023 should be implemented in order to bring it “closer to conformity with the UK’s international obligations”. UNHCR is explicit that its position remains that the core provisions of the Act are inconsistent with those obligations, however notes that...
On 16 January 2024 or later, the immigration health surcharge will increase from £470 per year to £776 per year for children, students, their dependants and youth mobility workers. The charge will increase from £624 per year to a whopping £1,035 per year for everyone else. We now have confirmation...
Diego Garcia did not have any sort of asylum system in place when it received its first asylum seekers in 2021. Following litigation, the British Indian Ocean Territory has for the first time put in place processes for protection claims to be lodged and decided there. What happens to people...
