Across Europe, asylum seekers and displaced people are facing growing hostility as they look to start new lives escaping war and persecution. In Greece, there is continually mounting evidence of “pushbacks” to which Frontex, the European Border and Coast Guard Agency, have been shown to be turning a blind eye....
The Solicitors Regulation Authority (SRA) published the Immigration and Asylum Thematic Review and new Immigration work – Guidance on 23 November 2022. The review acknowledges that users of immigration and asylum services can be vulnerable and the consequences of poor advice can be particularly severe and difficult to rectify. Three...
Strategic litigation is a hot topic. Jolyon Maugham’s controversial Good Law Project provokes a visceral marmite effect. Some people absolute love it. Some, not so much. Sometimes referred to as ‘impact’, ‘test case’ or ‘public interest’ litigation, the idea that legal cases can be brought in order to achieve a...
Who are we looking for? Rainbow Migration is looking for an asylum lawyer to join our board of trustees. You should be, or within the last 3 years have been, either a practicing solicitor, legal adviser or barrister and have a strong interest in advancing the rights and interests of...
With many thanks to Donald Campbell for sharing, you can find the Home Office research report on asylum journeys here. It’s well worth a read in full but here’s a few selected highlights: Social networks often play an important role in shaping migrant decision-making and movements (p20) Where migrants can...
The Home Office has launched a new application process for people of Chagossian descent to obtain British citizenship or British overseas territories citizenship. The introduction of this route is certainly welcome. Whilst the Chagossians are still fighting to return to their homeland, this is a step in the right direction...
Yesterday the Home Secretary faced questions in front of the Home Affairs Select Committee. Today the quarterly statistics on immigration were released by the Office for National Statistics. What do the two say about the state of the asylum process, backlogs and whether there is a brighter future in store?...
Back in the heady days of 2019, journalist Jon Stone started what turned out to be a very long thread on Twitter. Over and over and over again, he wrote “Abolish the Home Office”. Every tweet linked to example after example after example of appalling conduct by officials at the...
The Court of Appeal has found that the Upper Tribunal should not have continued to decide an appeal itself when it set aside a decision of the First-tier Tribunal. The case is AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512. Background AEB was convicted of...
It seems that the UK’s three separate legal jurisdictions are continuing to cause problems in immigration cases. Back in 2019 there was the Scottish immigration appeal incorrectly lodged in England, which nobody noticed for four years. A couple of years later it was re-iterated in another case that English...
Figures the Ministry of Justice was instructed to publish by the Office for Statistics Regulation show that just 8% of all deportation appeals lodged in 2020/21 were allowed on human rights grounds only. The one-off statistical release follows from the consultation on Dominic Raab’s proposed Bill of Rights Act, which...
Hot on the heels of Celik and Batool comes another case dealing with the complex mess of post-Brexit free movement law. The case is Elais (fairness and extended family members) [2022] UKUT 300 (IAC). You can read more about the cases of Celik and Batool here. In this case, the Upper Tribunal considered...
Legal battles concerning appropriate accommodation for asylum-seekers are not limited to claims concerning the welfare of those seeking asylum. The High Court recently heard injunction applications sought by local authorities against a number of hotels and third-party contractors after they potentially violated planning law when they agreed to house asylum...
It is often not possible to mitigate additional distress when working with children given the nature of the asylum regime and the need to explore the hardest moments in your client’s life. This post gives some ideas on how to mitigate this distress when helping a child prepare an asylum...
The minimum income requirement for a spouse or partner visa is well known. Broadly speaking, applicants must show that their sponsor has a gross annual income of at least £18,600. Alternatively, they can rely on savings or, if they are already in the UK and working legally, on their income....
The Divisional Court has now published its judgment addressing the Home Office’s breach of the duty of candour in the mobile phone seizures case. It is reported as R (HM, MA & KH) v SSHD [2022] EWHC 2729 (Admin). Earlier posts address the Divisional Court’s main judgment and order. Edis...
In Elmi [2022] EWCA Crim 1428, the Court of Appeal quashed the conviction of a failed asylum seeker who had been found guilty of possessing a false identity document. Elmi had not been advised that he could use the defence of a presumptive refugee under s.31 of the Immigration and...
SGW is a UK-based refugee and Eritrean national. His brother, FGW, is a young person who was trapped in Libya until recently. FGW’s journey to the UK has not been quick, safe or simple. In the case of R (SGW) v Secretary of State for the Home Department (Biometrics, family...
The Divisional Court has refused applications for habeas corpus made on behalf of two British women and their children detained in a camp in northeast Syria. The case is C3 and C4 v Secretary of State for Foreign, Commonwealth & Development Affairs [2022] EWHC 2772 (Admin). A writ is essentially...
The Home Office has made several changes that businesses sponsoring overseas workers should be aware of. Amendments have been made to the Workers and Temporary Workers: guidance for sponsors part 2: sponsor a worker – general information (“general information guidance”) and the Workers and Temporary Workers: guidance for sponsors: sponsor...
We’ve published a new practical skills course for Free Movement members on professional conduct and ethics in immigration advice. The topic is particularly important for immigration lawyers, who often represent vulnerable clients and are expected to conform to a high level of professional standards. We take a look at the...
At the now infamous Manston processing centre in Kent, conditions are dire. Home Secretary Suella Braverman has known for weeks about the situation and did nothing until the media stepped in last week. But the UK is not alone in struggling to provide new arrivals access to safe and legal...
The Home Office finally receive a reasonable review in the inspection report of the Hong Kong British National (Overseas) visa route. The report considered standings from April to June 2022 and found that even though the route was implemented within tight timescales it “provide[d] an efficient service with most applicants...
For immigration lawyers, a First-tier Tribunal appeal hearing is a routine experience. It’s easy to forget how intimidating and stressful this moment can be for people appealing, many of whom have never set foot in a courtroom in their lives and whose continued presence in this country hinges on the...
Salary: £38,000 to £42,000 Salary is dependent on qualifications and experience. Plus 3% auto-enrolment pension contribution, in line with government criteria. 35-hour week, excellent Terms and Conditions. Applications from those wishing to work part-time will be considered (minimum 21 hours per week) and salary calculated pro rata. ISLINGTON LAW CENTRE,...
Welcome to the October 2022 episode of the Free Movement immigration update podcast. This month, Colin and Sonia talk politics, asylum, the statement of changes to the immigration rules and case law. The episode is a bit longer than usual as there was a lot going on! If you would...
On 3 November 2022, the latest quarterly release of statistics on modern slavery claims was published, covering 1 July to 30 September this year. During this period, 4,586 people were referred into the National Referral Mechanism (NRM) or via the Duty to Notify as potential victims of modern slavery. This...
The High Court has quashed a decision to refuse entry to the children of an Afghan judge who was relocated to the UK under the Afghan Relocations and Assistance Policy. The case of R (BAL) v Secretary of State for Defence [2022] EWHC 2757 (Admin) is a rare example of...
It hasn’t been a great week to be the Home Secretary or a Home Office official. Since Suella Braverman’s statement to the House of Commons on Monday, there has been one crisis after another. The Manston facility remains egregiously overcrowded. The camp is designed to hold no more than 1000...
Contract: 2 years minimumHours: As required, a minimum of 6 cases per yearLocation: Any location, working remotelySalary: £30 per hour Freedom from Torture is looking for Legal Contractors to ensure that cases are adequately prepared prior to an MLR assessment by one of our MLR Doctors and to provide legal...
The Home Office has released a new Interim Guidance: Requesting a second opinion for an external medical report/Medico-Legal Report as part of their offender management caseworker guidance. The new guidance aims to “introduce an additional, clinical input to assist decision-making for those who may be vulnerable in immigration detention”. The...
There have been lots of different numbers and statistics relating to the UK’s asylum system mentioned over the last week. One of these is the backlog of people waiting for an initial decision on their asylum claim. Depending on whether or not people include dependents, the backlog of initial decisions...
The Home Office has finally responded to the Court of Justice of the European Union’s judgment in the case of VI v Her Majesty’s Revenue and Customs C-247/20, handed down on 10 March 2022, by updating its guidance on European Economic Area (EEA) national qualified persons. The update effectively concedes...
This is the story of what might be the longest-running appeal within the UK’s immigration appeal system. The story starts in rather ordinary fashion. AA arrived in the UK on the back of a lorry in early January 2009 when he was a child. He was a young Sunni Kurd...
The Home Affairs Select Committee held an oral evidence session about Channel crossings and other key asylum issues last week. Since the evidence that was heard on Wednesday, figures and quotes have hit the headlines. Criticism of Suella Braverman has been extensive and the Manston processing centre has become the...
A new report has been published this morning by HM Chief Inspector of Prisons on the controversial short term holding facility for refugees at Manston in Kent. The inspection took place in late July 2022, before the current Home Secretary, Suella Braverman, is reported to have prevented hotel bookings that...
Small boat crossings attract a lot of media and political attention. The images we see of refugees arriving on our shores clearly upset some people. The Conservative Member of Parliament for Dover and Deal in successive tweets, for example, says crossings are “no refugee crisis… but simply illegal immigration” and...
Central England Law Centre are seeking an Immigration caseworker or solicitor with OISC level 2 accreditation minimum. Full time, Salary £29,437. Hybrid working option available. CELC are looking for a dynamic and enthusiastic person to lead their new Migrants Rights in the Community project. The project will increase access to...
The Tribunal Procedure Committee (“TPC”) has launched a consultation on the potential changes to the Immigration and Asylum Chamber Rules and the Upper Tribunal Rules that will arise from the Nationality and Borders Act 2022 and the New Plan for Immigration programme. The planned changes include: Accelerated detained appeals Priority...
