All Articles: Asylum

Briefing: four looming problems in the UK asylum system and how to address them

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 fina ...

28th November 2023 By

House of Commons approves use of scientific tests on children, Lords to decide on Monday

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 ...

24th November 2023 By

Reflections on the Supreme Court’s Rwanda judgment

This post reflects on Wednesday’s momentous Supreme Court decision in the Rwanda litigation. You can read Colin’s initial take on the judgment here. The Supreme Court’s decision To recap, the Supreme Court decided that there are substantial grou ...

20th November 2023 By

Briefing: Article 1D of the Refugee Convention and Palestinian refugees

Immigration lawyers tend to have a good grasp of the definition of a refugee. We can confidently recite the “well-founded fear” definition at Article 1(A)(2) of the 1951 UN Convention on the Status of Refugees (the “Refugee Conv ...

16th November 2023 By

Supreme Court finds Rwanda is not a safe country to which refugees can be removed

The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court of Appeal’s judgment has been dismissed. Lord Reed, giving the co ...

15th November 2023 By

India and Georgia to be added to the list of ‘safe’ countries

Draft regulations have been laid which will add India and Georgia to the list of ‘safe’ countries at section 80AA of the Nationality, Immigration and Asylum Act 2002. The Nationality, Immigration and Asylum Act 2002 (Amendment to List of S ...

9th November 2023 By

Returning a refugee to persecution must be a last resort

An Iranian refugee who, according to MI5, holds an Islamist extremist mindset and is supportive of ISIL (Islamic State of Iraq and the Levant), has won his appeal against revocation of his refugee status. If the Home Office decides to revoke a personâ ...

8th November 2023 By

Gaza: what is the UK doing to rescue British citizens and their family members?

The UK government is limiting evacuations from Gaza to British citizens only, forcing families to separate if any of them are to be safe, leaving others in extremely dangerous circumstances. It has been one month since the war started, and Israel̵ ...

7th November 2023 By

Latest trafficking figures show benefit of change in Home Office policy

As anticipated, the latest published trafficking statistics covering July to September 2023 show a substantial reversal in the number of refusals at reasonable grounds stage, although these are still far higher than before the Nationality and Borders ...

2nd November 2023 By

How is the Home Office prioritising asylum claims?

The Home Office has explained in newly published guidance ‘Asylum decision-making prioritisation‘ how they will decide the order for decision making of asylum claims. This provides some much-needed clarity to the process. As anyone working ...

1st November 2023 By

Over half the people seeking asylum are now unable to access a legal aid lawyer

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 applicat ...

25th October 2023 By

Medico-legal reports: how to instruct and common mistakes to avoid

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 v ...

24th October 2023 By

Brexit and the Rwanda agreement: what was argued in the Supreme Court?

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 s ...

17th October 2023 By

What is a medico-legal report?

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 oth ...

13th October 2023 By

Safe Passage report: the case for safe routes 

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 bu ...

10th October 2023 By

Fairness in safe third country removals: the Court of Appeal’s judgment in Asylum Aid’s case

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 ...

2nd October 2023 By

LGBT+ people face persecution and are no less deserving of protection

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 f ...

26th September 2023 By

What is the difference between refugee status and humanitarian protection?

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 ...

26th September 2023 By

First-tier Tribunal finds that UN Agency is unable to provide protection and assistance to a severely disabled Palestinian child

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 ...

19th September 2023 By

Home Office to start non-therapeutic scientific testing on children

In what seems to be a prelude to the introduction of the use of ionising radiation (x-rays) for non-medical reasons on children, the government has published the Justification Decision (Scientific Age Imaging) Regulations 2023. There is also a draft e ...

14th September 2023 By

Illegal Migration Act 2023: expanded detention powers to be brought into force

The Secretary of State will reduce judicial oversight of detention and increase her detention powers when more of the Illegal Migration Act 2023 comes into force on 28 September 2023. Those and other changes set out in the Illegal Migration Act 2023 ( ...

12th September 2023 By

The Rwanda litigation: who is arguing what in the Supreme Court?

The government was granted permission to appeal in the Rwanda litigation in July. This post provides an update on the current state of play ahead of the Supreme Court hearing. You can read Free Movement’s coverage of the Court of Appeal’s judgment ...

12th September 2023 By

Refugee family reunion: a user’s guide

This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are fairly straightforward and simple for chi ...

7th September 2023 By

Will the Illegal Migration Act stop the Home Office raid on international aid funds?

The Home Office may no longer be able to meet the rules it currently relies on to use the international aid budget to support people in their first year in the UK if the government brings more of the Illegal Migration Act 2023 into force. This is acco ...

6th September 2023 By

Safe routes for refugees: how does it work in Spain?

With the number of asylum claims on the rise across Europe and around the world, the discussion on safe routes for people seeking asylum is not unique to the UK. I thought it would useful to look at what processes other countries have in place for rec ...

4th September 2023 By

Home Office change in practice increases risk of homelessness for recognised refugees

The Home Office is reported to have reduced the notice period a successful asylum seeker is given to leave their asylum accommodation once they have been granted refugee status. It was 28 days and now it is reported to be just 7 days. If so, this ...

30th August 2023 By

What next for evacuated Sudanese nationals?

Following the outbreak of the conflict in Sudan earlier this year the UK government evacuated thousands of people. This included a number of Sudanese nationals, some of whom were single parents accompanying their British children. What their current e ...

23rd August 2023 By

Is the Home Office unlawfully treating asylum claims as withdrawn?

We have been flagging up concerns about the Home Office use of withdrawals for a couple of months now. We have covered the changes to the immigration rules relating to the withdrawal of asylum claims that come into effect on 7 August 2023, and publish ...

8th August 2023 By

‘Systematic and routine’ use of hotels for unaccompanied asylum-seeking children is unlawful

The Home Secretary’s systematic and routine accommodation of unaccompanied asylum-seeking children in hotels is unlawful, the High Court has held. The case, R (on the application of ECPAT UK) v Kent County Council and another [2023] EWHC 1953 (Admin ...

3rd August 2023 By

High Court demands radical change to Home Office asylum support

In the recent judgment R (HA and Ors) v SSHD [2023] EWHC 1876 (Admin) the High Court (Swift J) found that the Home Secretary failed to meet even her minimalist legal obligations to provide support to destitute asylum seekers. The details of the case m ...

1st August 2023 By

Asylum seekers don’t need ‘direct evidence’ they’re being covertly monitored

In WAS (Pakistan) v Secretary of State for the Home Department [2023] EWCA Civ 894, the Court of Appeal has given guidance on the lower standard of proof in asylum appeals. WAS claimed to be at risk because of his involvement with MQM-London, a UK-bas ...

31st July 2023 By

Briefing: why and how is the Home Office treating more asylum claims as “withdrawn”?

The Home Office is increasingly treating asylum claims as being withdrawn. This seems to be a new policy intended to reduce the asylum backlog. The number of asylum decisions made by the Home Office at first glance appears to be increasing. When we lo ...

26th July 2023 By

Mother and four children spent over a year in ‘inadequate’ accommodation

An asylum-seeking mother and her four children were placed in inadequate hotel accommodation for over a year, the High Court has found. The case is R (on the application of SA) v Secretary of State for the Home Department [2023] EWHC 1787 (Admin). It ...

20th July 2023 By

Home Office withdraws objective evidence test for trafficking decisions

The Home Office has, following a judicial review challenge for two claimants of Duncan Lewis, published new modern slavery statutory guidance which no longer requires a potential victim of trafficking and modern slavery to produce ‘objective’ evid ...

19th July 2023 By
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