All Articles

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:...

26th October 2023
BY Colin Yeo

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...

25th October 2023
BY Jo Wilding

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...

25th October 2023
BY Free Movement

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...

24th October 2023
BY Beth Mullan-Feroze

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...

23rd October 2023
BY Ben Nelson

Gross per annum at £51,090 – £56,038 FTE (Full Time Equivalent) Full-time at 37.5hrs per week, or 0.8 FTE at 30 hrs per week Permanent contract Member of the Leadership Team, reporting to the CEO (Chief Executive Officer) This post can be remote or based in our London office, with...

23rd October 2023
BY Free Movement

Our September roundup is here, featuring the latest statement of changes and new parts of the Illegal Migration Act 2023 being brought into force. We also discuss the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines and have an impromptu book club.  If you listen...

20th October 2023
BY Sonia Lenegan

It appears that we may start seeing changes in overseas visa processing centres soon, after TLScontact was unsuccessful in an attempt to stop the Home Office from entering into a new contract with VFS Global. The case is Teleperformance Contact Ltd v Secretary of State for the Home Department [2023]...

19th October 2023
BY Sonia Lenegan

The Court of Appeal in R v Ginar [2023] EWCA Crim 1121 has given guidance on the appropriate criminal sentences for those convicted for the offence of arriving (or attempting to arrive) in the UK without entry clearance, contrary to section 24(D1) of the Immigration Act 1971. The offence was...

18th October 2023
BY Larry Lock

Last week, the Supreme Court heard an argument that the Rwanda policy breaches retained EU law, which the president Lord Reed described as a potential “knock out” blow in the Rwanda litigation. Under the Rwanda policy, asylum seekers arriving by small boat or other illegal clandestine means would be flown...

17th October 2023
BY Jed Pennington

The Home Office has conceded the latest in an increasingly long line of cases challenging the operation of the no recourse to public funds policy. This challenge was to the refusal to lift the no recourse condition from a person with section 3C leave as a student dependant. The case...

16th October 2023
BY Sonia Lenegan

This article provides an overview of what a medico-legal report is, the different types of reports available and when they should be used. A medico-legal report is frequently used to document the psychological and/or physical result of torture and other forms of ill-treatment which an individual has been subjected to....

13th October 2023
BY Beth Mullan-Feroze

The Court of Appeal has upheld a decision made the Home Secretary to deprive a person of their British citizenship on the basis that it was obtained by dishonest concealment of a material fact. Namely, that the appellant did not disclose what appeared to be an ongoing relationship between he...

12th October 2023
BY Sonia Lenegan

The Work Rights Centre is looking for an Immigration Adviser or Solicitor to join our ambitious and fast-growing team. We are a charity set up by migrants and for migrants, and as one of few organisations with Ukrainian and Russian speaking staff, we are at the forefront of the UK’s...

11th October 2023
BY Free Movement

Changes made by section 43 of the Nationality and Borders Act 2022 will have a wide-ranging effect on UK maritime sectors and risks some vessels unintentionally incurring illegal working fines. This is because the changes alter some long established and fundamental concepts of UK immigration law concerning what it means...

11th October 2023
BY Darren Stevenson

Last week, we at Safe Passage published our Routes to Safety report, which makes recommendations for a new compassionate and competent approach to dangerous journeys across the channel.  Implementing our proposals could disrupt the smuggler’s business model, save lives and uphold the UK’s commitment to protect refugees.   Safe routes work  At Safe Passage,...

10th October 2023
BY Alamara Khwaja Bettum

We had slightly over 1,100 responses to our 2023 Free Movement reader survey. A big thank you to everyone who took the time to respond. We really appreciate it. Every single response has been read and considered. As we did last time, we’ve tried to summarise as well as analyse what...

9th October 2023
BY Sonia Lenegan

Here is our August roundup and the first podcast with Sonia both leading and at the editing helm (eek!). This month we cover statistics, illegal working fines, asylum support, homeless refugees, adult dependent relatives, some EUSS updates and all things OISC.  If you listen to podcasts on your mobile phone,...

6th October 2023
BY Sonia Lenegan

Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in primary legislation, the deportation of foreign criminals is in the public interest. The law in this area is rent through with politics, shifting relentlessly with...

5th October 2023
BY Nick Nason

SUPERVISING SOLICITOR or SENIOR CASEWORKER Supervising Senior Caseworker Accredited (LAW SOCIETY IALA) Kids in Need of Defense UK Project, based at the Migrant and Refugee Children’s Legal Unit (MiCLU), at Islington Law Centre Salary:            £24,000 to £26,483 for 3 days per week (equivalent to £40,000 – £44,138 pa full...

4th October 2023
BY Free Movement

The Migration Advisory Committee has recommended that the shortage occupation list is abolished and that people in the asylum system with permission to work are allowed to work in any role. These are some of the recommendations in the full review of the shortage occupation list, published yesterday. The committee...

4th October 2023
BY Sonia Lenegan

In this article we look at how foreign eSports (competitive video gaming) competitors can use the visitor route to participate in UK competitions and what the rules say about earning prize money. We also look at options for gamers looking to apply their trade in the UK on a long-term...

3rd October 2023
BY Jack Freeland

Readers of this blog will have noticed that the fairness of the Home Office’s procedure for deciding who to send to Rwanda is not among the issues being argued in the Supreme Court in October. This post highlights the important findings made by the Court of Appeal on procedural fairness...

2nd October 2023
BY Alison Pickup

From 1 October 2023 any claim governed by the Civil Procedure Rules relating to a breach of citizens’ rights under the withdrawal agreements must be notified to the Independent Monitoring Authority. The authority was set up under the terms of the withdrawal agreements with a duty to investigate  breaches of...

29th September 2023
BY Lisa Salkeld

The impact of age assessment decisions on unaccompanied asylum seeking children coming to the UK is huge. As we explored in this earlier article, an age assessment decision will affect a young person’s entitlement to social work support and care. It will also have implications on how their asylum claim...

28th September 2023
BY Francesca Sella

Back in “Small Boats Week” during the summer, the government announced the tripling of employer penalties for illegal workers to £45,000 per worker. The immigration minister said that the increase was necessary because “making it harder for illegal migrants to work and operate in the UK is vital to deterring...

27th September 2023
BY Sonia Lenegan

Last year 1,334 people came to the UK and claimed asylum based on their sexual orientation, amounting to 2% of all asylum claims. A lot of them are probably feeling quite frightened this morning after the Home Secretary has chosen to single them out for attack, as being undeserving of...

26th September 2023
BY Sonia Lenegan

On the face of it, refugee status and humanitarian protection seem like two sides of the same coin. Both are a form of international protection granted to a person in need. Both result in a grant of five years’ permission to remain in the UK on a pathway to settlement...

26th September 2023
BY John Vassiliou

Theresa May’s unironically named book, The Abuse of Power, reveals that even now, five years later, she still does not understand what caused the Windrush scandal. She blames Clement Attlee’s government, other governments over the intervening years and issues a classic non-apology. It was anyone’s fault but hers. “At the...

25th September 2023
BY Colin Yeo

A visit visa is a visa allowing a person to visit the United Kingdom for up to six months at a time, during which time they are not allowed to work. Visa nationals have to apply for and be granted a visit visa before they travel otherwise they will automatically...

24th September 2023
BY colinyeo

In BSG v R [2023] EWCA Crim 1041, the Court of Appeal quashed the convictions of a young Somali citizen, who suffered ‘a clear injustice’ after being ‘groomed, exploited and threatened’ [para 57] by a human trafficking gang in the UK. Background The applicant, “BSG”, had been convicted of possession...

21st September 2023
BY Colin Gregory

Staff working at Brook House immigration removal centre were verbally and physically abusive towards the people who were detained, including the use of extremely racist language. There were 19 incidents of inhuman and degrading treatment of people at a single removal centre over a period of just five months. That...

20th September 2023
BY Sonia Lenegan

The Home Office annual report for 2022 has belatedly been published. It shows an additional £3 billion had to be allocated to pay for unexpected asylum system expenditure. An extra £1.6 billion had to be allocated because of “pressures within the asylum system” — the asylum backlog, basically — and on...

19th September 2023
BY Colin Yeo

In AB and NB v Secretary of State for the Home Department (PA/07865/20119), the First-tier Tribunal found that the United Nations Relief and Works Agency (UNRWA) was unable to provide “protection and assistance” to a severely disabled Palestinian child living in Lebanon. As a direct consequence of that he was...

19th September 2023
BY Grace Capel

The government has published the new application fees previously announced earlier this year. The statement describes the increase as being made “to pay for vital services and allow more funding to be prioritised for public sector pay rises”. The explanatory memorandum provides a bit more detail: “an increase of 15-20%...

18th September 2023
BY Sonia Lenegan

The most recent Border Force People Survey reveals “a dissatisfied workforce which is a breeding ground for insider risk to grow and become insider acts, enabled by privileged access”. That is according to a new report from the Independent Chief Inspector for Borders and Immigration that looks at how internal...

18th September 2023
BY Sonia Lenegan
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