The High Court has held that an unlawfully withdrawn asylum claim can amount to exceptional circumstances meaning that an extension of time should be granted
Asylum seekers who would otherwise face destitution must rely upon support from the government. This support is limited to either £8.86 a week if their
Your client has (at last) got a date for their asylum interview. What could possibly go wrong? Quite a lot really, and so below I
The Independent Chief Inspector of Borders and Immigration has published a report on “An inspection of contingency asylum accommodation November 2023 – June 2024” highlighting
The Law Society is launching its latest round of reaccreditations for senior caseworkers and supervising senior caseworkers in immigration law. Here we take a look
The Supreme Court has held that express reference to the Home Secretary’s guidance on her duty under section 55 of the Borders, Citizenship and Immigration
In a decision on an interim relief application in an age assessment judicial review, the Administrative Court has reiterated the requirements of the Civil Procedure
Internal and cross-border climate and disaster displacement are not under-studied fields. An abundance of research spanning decades depicts a clear global map of the intersecting
Spain has been ordered by the European Court of Human Rights to pay a Nigerian woman €15,000 in damages as compensation for failures relating to
The High Court of Justice in Northern Ireland has dismissed a judicial review alleging a breach of article 8 of the European Convention of Human
In this post, we will look at who is eligible to apply under Appendix Child staying with or joining a Non-Parent Relative (Protection), what the
The Upper Tribunal has given useful guidance on when such grants can be made to non-Afghan nationals as well as setting out a summary of
New figures published today show the asylum appeals backlog had risen to 33,227 cases at the end of June 2024, under the last government. In
The report into the Rwanda country policy and information notes by the Independent Chief Inspector of Borders and Immigration has finally been published. The Rwanda
A new commentary by Asylos, in partnership with Rainbow Migration, has considered the Home Office’s country policy and information note on sexual orientation and gender
The autumn statement of changes HC 217 has been published, accompanied by a written statement from Seema Malhotra MP, the Parliamentary Under-Secretary of State for
Anecdotal evidence of a recent increase in Afghan asylum refusals, along with publication of two updated country policy and information notes suggests that the Home
The Commissioner of the British Indian Ocean Territory has unsuccessfully appealed a grant of bail allowing the small group of people seeking asylum on Diego
A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend
The latest quarterly statistics show little movement on the asylum backlog, which was to be expected given the Home Office was not making many decisions
The latest modern slavery statistics show that the record low grant rate noted in the previous update have continued in the period April to June
This post is for those working with children and young people from Sudan in refugee status determination and humanitarian protection. New country of origin information
When does the risk of suicide on removal trigger the article 3 threshold? Tragically, the question surfaces more often than it should. Cases of this
The Solicitors Regulation Authority has published two reviews as part of their ongoing work in the sector, one is a review of asylum legal services
As the third anniversary of the Operation Pitting flights loom, the Home Secretary has finally announced a scheme, Afghan Citizens Resettlement Scheme Pathway 1 Stage
In response to the judicial review claim R (MS) v SSHD AC-2024-LON-000866, the Home Secretary has admitted a practice of intentionally delaying claims for temporary
Last week the asylum process formally got moving again as the Illegal Migration Act 2023 (Amendment) Regulations 2024 came into force and so I thought
A claimant has successfully challenged a move from his asylum accommodation after a failure on the part of the Home Office to engage with the
The Illegal Migration Act 2023 (Amendment) Regulations 2024 have ended the prohibition on grants of leave for people who have claimed asylum. The effect of
A recent response to a Freedom of Information request shows that there has been a sharp increase in the number of people being invited to
The process for identifying and supporting survivors of trafficking has been seriously degraded over the past couple of years and in this article I look
Due to the stated position of the previous Conservative government that there would be a removal flight to Rwanda on 24 July 2024, a High
The Asylum Support Tribunal has found that there is a right of appeal against a decision to stop a person’s asylum support where their asylum
The Home Office introduced immigration concessions and special visa schemes in response to Russia’s full-scale invasion of Ukraine in 2022. These were the Ukraine family
Following last year’s legacy backlog clearance exercise, the backlog of cases has shifted to either end of the asylum process. There are tens of thousands
Over and over again we hear that refugees should claim asylum in the first safe country the reach. There are variations on the theme. Genuine
This piece is about refugees, asylum seekers, and the Refugee Convention. It outlines who can be a refugee, and how being a refugee and having
One of the changes wrought by the Nationality and Borders Act 2022 (remember that?) is an apparent increase in the standard of proof in refugee
Lawyers do not own the word “refugee”. The term has been in use since the eighteenth century and has its own evocative, wider meaning in
Shortly after it received Royal Assent last year, the Illegal Migration Act 2023 was described as “utterly unworkable and extortionately expensive”, “deeply unethical” and “a
The High Court has held that an unlawfully withdrawn asylum claim can amount to exceptional circumstances meaning that an extension of time should be granted for a reconsideration request of a trafficking decision. The case is R (KM) v Secretary of State for the Home Department [2024] EWHC 2870 (Admin)....
Asylum seekers who would otherwise face destitution must rely upon support from the government. This support is limited to either £8.86 a week if their accommodation provides meals or £49.18 in other cases which means most will struggle to meet their basic needs. Given this meagre level of support, it...
The Independent Chief Inspector of Borders and Immigration has published a report on “An inspection of contingency asylum accommodation November 2023 – June 2024” highlighting the usual problems around lack of stakeholder engagement and data as well as concerns about the lack of Home Office checks on accommodation providers. The...
The Law Society is launching its latest round of reaccreditations for senior caseworkers and supervising senior caseworkers in immigration law. Here we take a look at what we know and do not know about the scheme and then turn to how we can help you at Free Movement. Before we...
The Supreme Court has held that express reference to the Home Secretary’s guidance on her duty under section 55 of the Borders, Citizenship and Immigration Act 2009 is not required in a decision letter in order to demonstrate that the duty has been complied with. The court also held that...
In a decision on an interim relief application in an age assessment judicial review, the Administrative Court has reiterated the requirements of the Civil Procedure Rules on expert evidence and in particular the need to make an application to rely on this as soon as possible. The case is R...
Internal and cross-border climate and disaster displacement are not under-studied fields. An abundance of research spanning decades depicts a clear global map of the intersecting and multifaceted issues at play, and indeed, many solutions. However, the legal rights of those who have or will likely move are what hangs in...
Spain has been ordered by the European Court of Human Rights to pay a Nigerian woman €15,000 in damages as compensation for failures relating to the investigation of allegations that she was trafficked to Spain for forced prostitution. The case is T.V. v. Spain (application no. 22512/21) and although the...
The High Court of Justice in Northern Ireland has dismissed a judicial review alleging a breach of article 8 of the European Convention of Human Rights because of the delay in the applicant’s asylum claim. The case is JR247, Re Application for Judicial Review (Rev1) [2024] NIKB 72. Background The...
In this post, we will look at who is eligible to apply under Appendix Child staying with or joining a Non-Parent Relative (Protection), what the requirements are, what leave is granted if successful and routes to settlement. Appendix Child staying with or joining a Non-Parent Relative (Protection) is a relatively...
The Upper Tribunal has given useful guidance on when such grants can be made to non-Afghan nationals as well as setting out a summary of the legal principles to be followed on the interpretation of policy. The case is R (Bam Bahadur Gurung) v Secretary of State for the Home...
New figures published today show the asylum appeals backlog had risen to 33,227 cases at the end of June 2024, under the last government. In the period April to June 2024, the immigration tribunal received 9,318 asylum appeals and disposed of 3,598 asylum appeals. These figures look bad as they...
The report into the Rwanda country policy and information notes by the Independent Chief Inspector of Borders and Immigration has finally been published. The Rwanda scheme may be over, and the relevant country notes withdrawn shortly after the Supreme Court’s decision but as I pointed out last week, there are...
A new commentary by Asylos, in partnership with Rainbow Migration, has considered the Home Office’s country policy and information note on sexual orientation and gender identity and expression in Georgia and identified various assertions on risk that are inconsistent with or unsupported by the country evidence elsewhere in the note....
The autumn statement of changes HC 217 has been published, accompanied by a written statement from Seema Malhotra MP, the Parliamentary Under-Secretary of State for Migration and Citizenship. The errors we covered last week in relation to skilled worker going rates are being corrected from 8 October 2024 and we...
Anecdotal evidence of a recent increase in Afghan asylum refusals, along with publication of two updated country policy and information notes suggests that the Home Office has changed its approach to those who have come to the UK from Afghanistan and sought protection. Background I wrote previously about the history...
The Commissioner of the British Indian Ocean Territory has unsuccessfully appealed a grant of bail allowing the small group of people seeking asylum on Diego Garcia to access certain parts of the island. The case is The Commissioner v The King (on the application of VT & Ors) (No. 3)...
A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend their asylum interview has been dismissed by the High Court. The case is R (Alhasan) v Director of Legal Aid Casework & Anor [2024] EWHC...
The latest quarterly statistics show little movement on the asylum backlog, which was to be expected given the Home Office was not making many decisions due to the Illegal Migration Act. Following restrictions to the ability of people to bring their immediate family to the UK with them, we have...
The latest modern slavery statistics show that the record low grant rate noted in the previous update have continued in the period April to June 2024, with positive decisions made by the immigration enforcement competent authority at around 20% for both stages of the trafficking identification process. Background: how does...
This post is for those working with children and young people from Sudan in refugee status determination and humanitarian protection. New country of origin information is available. The resource, published by the charity Asylos, aims to assist evidence-based decision-making. Situation for children and young people in Sudan In April 2023,...
When does the risk of suicide on removal trigger the article 3 threshold? Tragically, the question surfaces more often than it should. Cases of this kind are notoriously difficult to win, but certainly not impossible. This post will offer practical tips to practitioners handling such a case. The case law...
The Solicitors Regulation Authority has published two reviews as part of their ongoing work in the sector, one is a review of asylum legal services and the second a review of training records. These reviews contain some important points and should be read carefully by solicitors working in immigration and...
As the third anniversary of the Operation Pitting flights loom, the Home Secretary has finally announced a scheme, Afghan Citizens Resettlement Scheme Pathway 1 Stage 2, that will allow for evacuated families to be reunited. Background In August 2021, the world watched in horror as the Taliban began to overwhelm...
In response to the judicial review claim R (MS) v SSHD AC-2024-LON-000866, the Home Secretary has admitted a practice of intentionally delaying claims for temporary permission to stay made by asylum seeking trafficking victims who were at the time earmarked for possible removal to Rwanda. The pause, which was not...
Last week the asylum process formally got moving again as the Illegal Migration Act 2023 (Amendment) Regulations 2024 came into force and so I thought it was a good opportunity to review the highs and lows of last year’s backlog clearance exercise. The impact assessment for the new regulations provides...
A claimant has successfully challenged a move from his asylum accommodation after a failure on the part of the Home Office to engage with the evidence as to why the move was unsuitable because of his particular circumstances. In his case those circumstances were that he had won a scholarship...
The Illegal Migration Act 2023 (Amendment) Regulations 2024 have ended the prohibition on grants of leave for people who have claimed asylum. The effect of the regulations is to consolidate the inadmissibility backlogs as broken down by me previously. All cases currently sitting in the inadmissibility process will now be...
A recent response to a Freedom of Information request shows that there has been a sharp increase in the number of people being invited to more than one substantive asylum interview. In 2022, a total of 4,144 asylum applicants were invited to more than one substantive interview. In 2023 this...
The process for identifying and supporting survivors of trafficking has been seriously degraded over the past couple of years and in this article I look at the position in relation to grants of leave made to those people who have been identified as survivors of trafficking. Some recent decisions considering...
The Asylum Support Tribunal has found that there is a right of appeal against a decision to stop a person’s asylum support where their asylum claim has been deemed withdrawn by the Home Office, for example where the substantive asylum interview was missed. The Home Office guidance “Ceasing Section 95...
The Home Office introduced immigration concessions and special visa schemes in response to Russia’s full-scale invasion of Ukraine in 2022. These were the Ukraine family scheme, Ukraine extension scheme, and Homes for Ukraine scheme. The department’s “core plan” was to issue visas rather than formal refugee status to Ukrainian citizens,...
Following last year’s legacy backlog clearance exercise, the backlog of cases has shifted to either end of the asylum process. There are tens of thousands of cases that are sitting in the inadmissibility process and not even being considered, and then there are also tens of thousands of cases that...
Over and over again we hear that refugees should claim asylum in the first safe country the reach. There are variations on the theme. Genuine refugees claim asylum in the first safe country. Refugees should or even must claim asylum in the first safe country. The asylum seekers coming to...
This piece is about refugees, asylum seekers, and the Refugee Convention. It outlines who can be a refugee, and how being a refugee and having “refugee status” are two very different things. We also explore the rights and entitlements available to refugees and to asylum seekers awaiting the outcome of...
One of the changes wrought by the Nationality and Borders Act 2022 (remember that?) is an apparent increase in the standard of proof in refugee status claims. This change applies to everyone who applied for asylum on or after 28 June 2022. There has been a huge waiting time for...
Lawyers do not own the word “refugee”. The term has been in use since the eighteenth century and has its own evocative, wider meaning in the public consciousness. Those fleeing Ukraine or relocating to the United Kingdom from Hong Kong can validly be referred to as “refugees”, for example, even...
Shortly after it received Royal Assent last year, the Illegal Migration Act 2023 was described as “utterly unworkable and extortionately expensive”, “deeply unethical” and “a traffickers’ charter”. Despite those comments by the shadow Immigration Minister, Labour has not committed to repealing the Illegal Migration Act. However I am hopefully not...
