Welcome to the April 2018 edition of the Free Movement immigration update podcast. This was the month that the Windrush scandal came to a head, so I start by focusing on the fallout from that before looking at an issue that would otherwise have led this update: more law firms in serious trouble with the regulator over their conduct of litigation. It’s not just those representing migrants who the judges took to task, though: the Home Office has been strongly criticised by the Court of Appeal for its performance in court. Finally I run through some interesting and/or significant case law (“interesting” and “significant” not always being synonymous, sadly) in the fields of deportation and asylum before finishing on the nature of human rights appeals to the tribunal.

The material is all drawn from the April blog posts on Free Movement.

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The main content of the downloadable 40 minute audio podcast follows the (non chronological) order of content below:

Windrush fallout

Legal aid would have prevented the Windrush scandal

What the Home Office is (finally) doing for the Windrush generation

Guest post: the fee for children to register as British is the next Windrush scandal

Briefing: what is the hostile environment, where does it come from, who does it affect?

Hamid cases

Malik Law Chambers solicitors shut down by regulator

Immigration solicitor strike-off appeal fails as more firms face misconduct investigations

High Court’s denunciation of immigration lawyers will have a chilling effect

Home Office litigation

Court of Appeal to Home Office: go away

Unlawful delays by the Home Office: a line in the sand

Deportation

No permanent residence, no enhanced protection from deportation

Court of Appeal upholds deportation of foreign criminal (again)

Upper Tribunal: deported person remains “liable to deportation”

Upper Tribunal: automatic deportation regime relieves Secretary of State of decision-making function

Asylum

Subsidiary protection for people intentionally deprived of healthcare

Upper Tribunal publishes new Afghanistan country guidance

Appeal rights

No right of appeal under EEA Regulations against notice of removal window

Tribunal sets out current approach to assessing whether out-of-country appeal is adequate

Tribunal finally asks: what is a human rights appeal anyway?