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The Court of Session has concluded in SOOY v Secretary of State for the Home Department [2023] CSOH 93 that the Judicial Review and Courts Act 2022 has been effective in removing the ability to bring a Cart/Eba judicial review of Upper Tribunal permission to appeal decisions, except in very...

22nd December 2023
BY Iain Halliday

In Dani (non-removal human rights submissions) Albania [2023] UKUT 293 (IAC) the Upper Tribunal has said that an application made under the EU settlement scheme does not in itself amount to a human rights claim. This is yet another case where people trying to access their rights under the EU...

21st December 2023
BY Sonia Lenegan

The High Court has issued a damning interim relief decision with a laundry list of Home Office failures in a case challenging the detention of a potential victim of trafficking with mental health issues and several criminal convictions. The case is R (ER) v Secretary of State for the Home...

21st December 2023
BY Sonia Lenegan

A new version of the Home Office caseworker guidance “Withdrawing asylum claims” has been published, halving the amount of time people are given to explain reasons for missing an interview as well as setting out some additional steps for those who miss an interview. You can see a comparison of...

21st December 2023
BY Sonia Lenegan

Reunite Families UK, a lived experience organisation, have published a timely new report looking at the negative mental health impact of family separation caused by the immigration rules, particularly the minimum income requirement. The research looks at the current position, which is shortly to become considerably worse when the increase...

20th December 2023
BY Sonia Lenegan

We have two exceptional opportunities to join the Anti Trafficking and Labour Exploitation Unit’s award winning legal team in 2024. Lead Immigration Lawyer We are looking for a dynamic and committed individual to join our legal team as Lead Immigration Lawyer, based in our London office. This is an exciting...

20th December 2023
BY Free Movement

The two district councils and local resident who brought a judicial review challenging the use of decommissioned Ministry of Defence sites at Wethersfield and Scampton to accommodate men seeking asylum have been unsuccessful in the High Court. The case is R (Clarke-Holland) v Secretary State for the Home Department &...

20th December 2023
BY Sonia Lenegan

The Independent Monitoring Boards have published their National Annual Report for 2022 on the immigration detention estate and concerns have been raised in relation to several areas, many of which will be familiar to anyone working in this area. People are still being detained for too long, including one person...

19th December 2023
BY Sonia Lenegan

The Home Office has conceded a judicial review and accepted that the ‘Detention Services Order 04/2020: Mental Vulnerability and Immigration Detention‘ was not operating effectively or as intended in ‘certain cases’, particularly in cases where there are concerns about a detained individual’s ability to make immigration related decisions. The concession...

19th December 2023
BY Jamie Bell

This article provides an overview of some of the safeguards available for those who are held in immigration detention, focussing particularly on those who have been victims of torture. These safeguards are all the more important following the expansion of detention powers under section 12 of the Illegal Migration Act....

18th December 2023
BY Beth Mullan-Feroze

Rainbow Migration, the longest-running charity in Europe dedicated to supporting LGBTQI+ people through the asylum and immigration system, is recruiting for a Legal Service Manager to join our management team. The Legal Service Manager will lead and develop our unique immigration advice service and work closely with colleagues to provide...

18th December 2023
BY Free Movement

The Free Movement website will be down over the weekend while it is updated. When it comes back up, hopefully on Sunday, it will look subtly different. We are updating the software behind the website for the first time since 2016. We’re not planning any major changes to the design,...

15th December 2023
BY Colin Yeo

As anyone who has ever battled the Home Office over whether a client has “sole responsibility” over a child’s upbringing or whether their exclusion is otherwise undesirable will know, this requirement is antiquated, outdated and causes a lot of unnecessary stress and hassle while separating children from their parents. Paragraph...

15th December 2023
BY Alex Piletska

Our November roundup is here, where Colin and I cover the latest asylum and trafficking statistics, changes to the way late applications to the EU settlement scheme are treated, questions the Solicitors Regulation Authority still hasn’t answered, a couple of articles on the situation for Palestinians as well as quite...

14th December 2023
BY Sonia Lenegan

It is well established that the requirements of procedural fairness will very often require that a person who may be adversely affected by a decision is given an opportunity to make representations before the decision is taken with a view to producing a favourable result. There is a duty to...

13th December 2023
BY Iain Halliday

The Home Secretary must set out a lawful plan to completely end its use of hotels for accommodating lone refugee children. This is the conclusion of Judge Chamberlain in  R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin). The case...

12th December 2023
BY Colin Yeo

Our new OISC Level 2 course: immigration and asylum online training is now live and available to all Free Movement members. It covers the whole of the OISC immigration and asylum syllabuses and is perfect for anyone relatively new to the immigration sector who wants to take their knowledge of immigration law...

11th December 2023
BY Jasmine Quiller-Doust

The Home Secretary has conceded the claims of two former immigration detainees relating to a power outage at Harmondsworth immigration removal centre (IRC), a detention centre next to Heathrow airport. The Home Secretary not only paid both claimants substantial amounts in damages for unlawfully detaining them, but also declared that...

11th December 2023
BY Dominic Chambers

An Albanian national was mistakenly allowed to enter the UK by an immigration officer who used a stamp described by the Home Office Presenting Officer as “a stamp which is regularly encountered, but the use of which is shrouded in mystery”. As a result, he did not meet the requirements...

8th December 2023
BY Sonia Lenegan

A new statement of changes has been laid today. Most of the changes relate to the EU Settlement Scheme and travel document requirements for school groups visiting the UK from France. There are also three new appendices (taking us up to 81 separate appendices to the immigration rules), Appendix Bereaved...

7th December 2023
BY Sonia Lenegan

On Monday the new Home Secretary presented a “five-point plan” to reduce UK immigration after a feverish fortnight of the right of the Conservative party, most of the opposition, plus every news outlet badgering him about the Office for National Statistics revising its estimate of 2022’s net migration up to...

7th December 2023
BY Ross Kennedy

The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds, set out at paragraph 6 of the immigration rules. A person who deliberately claims public funds despite such...

7th December 2023
BY Colin Yeo

The Safety of Rwanda (Immigration and Asylum) Bill has been published. There is no explanatory memorandum that I have seen, so I have done my best without that to explain what is in the Bill. As was the case with the Illegal Migration Bill, it begins with a declaration by...

6th December 2023
BY Sonia Lenegan

The text of the UK’s new treaty with Rwanda to relocate people seeking asylum here to Rwanda instead has been published. For reference, the previous memorandum of understanding is here. Much of the treaty is just an expanded version of the memorandum, for example Article 11 in both deals with...

6th December 2023
BY Sonia Lenegan

The Court of Appeal has emphasised that consideration of whether there are very significant obstacles to a person’s reintegration is a practical test which must take into account objective evidence. The case is NC v Secretary of State for the Home Department [2023] EWCA Civ 1379. Background The appellant is...

6th December 2023
BY Sonia Lenegan

This week, the Supreme Court brought us the (hopefully) final instalment of the long residence cases, R (Afzal) v Secretary of State for the Home Department [2023] UKSC 46. Immigration lawyers have followed the long series in this line of cases the way we followed Game of Thrones: they both...

5th December 2023
BY Alex Piletska

Changes have been made to the evidence refugees need to apply for Universal Credit and they should now be able to access this with their grant letter and Asylum Registration Card (ARC). We have previously covered the issue of Home Office changes to the notice period for stopping asylum support...

4th December 2023
BY Sonia Lenegan

The Home Office has recently updated its guidance to clarify that leave under the Hong Kong BN(O) route cannot be cancelled because of relationship breakdown. Background Like most other immigration routes, a dependent spouse/ partner under the Hong Kong BN(O) route needs to show the Home Office that they are...

1st December 2023
BY Nicole Masri

The Court of Appeal has dismissed a claim for damages against the Home Secretary for a five month delay in granting refugee status, following a successful appeal, to a person with severe mental health issues. The case is FXJ v Secretary of State for the Home Department & Anor [2023]...

30th November 2023
BY Sonia Lenegan

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...

29th November 2023
BY Sonia Lenegan

The asylum system seems finally to have turned a corner: the asylum backlog is starting to fall. The backlog is the single most important problem with the asylum system. Unlike arrivals, it is something the government can control. It creates huge financial costs for the taxpayer. It sucks money out...

28th November 2023
BY Colin Yeo

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...

27th November 2023
BY Sonia Lenegan

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...

24th November 2023
BY Kama Petruczenko

This is the second in our series of blog posts on how to become an OISC adviser and we are writing this as we publish our new OISC Level 2 Accreditation online course, available only to members. Our first post covered what you need to do to register at level...

24th November 2023
BY Jasmine Quiller-Doust

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...

23rd November 2023
BY Sonia Lenegan

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...

23rd November 2023
BY Sonia Lenegan
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