Border Force needs to ‘up their game’ on slavery
3 February 2017
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According to estimates, there are 10,000-13,000 victims of modern slavery living in the UK. In order to tackle this problem, the UK government operates a
According to estimates, there are 10,000-13,000 victims of modern slavery living in the UK. In order to tackle this problem, the UK government operates a
The High Court has ruled in the case of R (On the Applications Of TN (Vietnam) & US (Pakistan)) v Secretary of State for the
If the case of Tarakhel was considered another body blow to the Dublin system, the recent Court of Appeal case of NA (Sudan) v The
In a new case on dental age assessments, the tribunal has ordered that a young asylum seeker to undergo a dental x-ray and age assessment.
Recently, after being introduced to someone, I mentioned that I work on statelessness policy. When faced with the confused look I am growing to recognise
Written by Eleanor BONNER & Beate DASARATHY Following on from the Proving Torture conference in October last year which Free Movement wrote about at the
The Home Office has made public its internal guidance for officials on the process and criteria for admitting children to the UK who were living
Can the Family Court ignore a decision by the Home Office to grant asylum to a child by ordering the child’s return to the country
In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the
The Upper Tribunal has issued a new Country Guidance case on Eritrea: MST and Others (national service – risk categories) (CG) [2016] UKUT 443 (IAC).
The Chief Inspector of Borders and Immigration, David Bolt, has criticised Home Office handling of applications by family members of refugees settled in the UK.
The UK government, and Europe, has spared no expense to ensure that wherever the people trying to get to Europe end up, it isn’t here.
The Home Office has published a new 285 page report of a UK fact finding mission to Eritrea from February 2016 and updated its country policy
The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office,
The case of Ruhumuliza (Article 1F and “undesirable”) [2016] UKUT 284 (IAC) concerns an Anglican bishop judged by the Secretary of State on the balance of probabilities
“I’ll never forget that day” We tend to believe that the more important an experience, the more likely it is that it will be ‘engraved’
Interesting from the BBC: Converts to Christianity are being unfairly treated by the asylum system, according to a report by a parliamentary group. But how
The President of the Upper Tribunal, Mr Justice McCloskey, has allowed on human rights grounds the appeal of the mother and brother of a refugee
Very upsetting news on Saturday from the French lawyers in the migrant camp in Calais. You can donate here to show solidarité. Today, March 17th 2016,
An interesting set of draft Council conclusions on convergence in asylum decision practices obtained by Statewatch sets out a roadmap towards greater consistency in asylum
Why do we think this? There’s an English phrase – “to keep your story straight”. If you can’t do this, the saying goes, you’re making
A new report into asylum casework at the Home Office has just been published by David Bolt, the Independent Chief Inspector of Borders and Immigration.
Full judgment is available here: R (on the application of ZAT and Others) v Secretary of State for the Home Department (Article 8 ECHR – Dublin
This announcement is being reported differently in different outlets. The actual text of the announcement so far (a Ministerial statement will follow later today) is
Over the last two weeks a local group, with ever mounting, incredible support from so many through word of mouth and social media, raised funds
Several news outlets are reporting this morning that the Dublin III Regulation is likely to be scrapped by the Commission in March. It may be
In yet another example of a refugee who was not properly advised on his defence to a prosecution for illegal entry, Shabani, Re [2015] EWCA
In a very interesting judgment the Canadian Supreme Court has declared unconstitutional the criminal offence of organising, inducing, aiding or abetting undocumented entry. The case
The Home Office has updated its guidance on asylum claims by EU nationals (Asylum Policy Instruction EU/EEA Asylum Claims) to reflect changes to the Immigration
Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for
Yesterday Home Secretary Theresa May gave a speech on immigration and asylum issues at the Conservative Party conference in Manchester. It was a nakedly political
The first week of September 2015. On the most northerly coast of Lesvos, one of the most easterly outposts of Greece’s many islands and a
In last weekend’s Sunday Times, Nigel Lawson lashed out at the emotional response of leading politicians and spiritual leaders to the image of “the sight
Monday: 3:30pm. Like most asylum lawyer geeks — you know who you are — I was hanging on every word of the Prime Minister when
Germany has taken the extremely welcome step of suspending the transfer of Syrian asylum seekers under the Dublin III Regulation. As long ago as November
In the absence of legal means by which to enter countries of sanctuary, refugees resort to the use of irregular means of entry. Some will falsely
A consultation and impact assessment on the new panic proposals to remove asylum support for failed asylum seekers have been published. These reveal the details
Finding Home: Real Stories of Migrant Britain is a new book by Emily Dugan. Emily is Social Affairs Editor at The Independent and has reported
“Cockroaches” according to Katie Hopkins. A “swarm” according to our likeminded Prime Minister, David Cameron, and The Daily Mail (again). An “army” according to the
The Upper Tribunal has found in the case of MSM (journalists; political opinion; risk) Somalia [2015] UKUT 00413 (IAC) [BAILII](with UNHCR intervening) that a Somali journalist
According to estimates, there are 10,000-13,000 victims of modern slavery living in the UK. In order to tackle this problem, the UK government operates a Modern Slavery Strategy, and the Border Force plays its part by identifying potential victims, and ‘targeting’, ‘intercepting’ and ‘disrupting’ traffickers, primarily at the border. How...
The High Court has ruled in the case of R (On the Applications Of TN (Vietnam) & US (Pakistan)) v Secretary of State for the Home Department & Anor [2017] EWHC 59 (Admin) that over 10,000 asylum appeals had been decided under procedure rules so unfair that the determinations could...
If the case of Tarakhel was considered another body blow to the Dublin system, the recent Court of Appeal case of NA (Sudan) v The Secretary of State for the Home Department [2016] EWCA Civ 1060 has picked up the Dublin system up off the ropes for another round. The...
In a new case on dental age assessments, the tribunal has ordered that a young asylum seeker to undergo a dental x-ray and age assessment. If he refuses, his court case will be struck out. The case also gives general guidance on the correct approach to be followed in similar...
Recently, after being introduced to someone, I mentioned that I work on statelessness policy. When faced with the confused look I am growing to recognise when I tell people about my work, I began to explain: some people don’t have citizenship of any country. He (thinking hipster-type ‘citizens of the...
Written by Eleanor BONNER & Beate DASARATHY Following on from the Proving Torture conference in October last year which Free Movement wrote about at the time, Freedom from Torture has released a new report, ‘Proving Torture: Demanding the Impossible,’ which highlights UKVI’s significant failings when it comes to considering medical...
The Home Office has made public its internal guidance for officials on the process and criteria for admitting children to the UK who were living in the Calais camp. The obligation to admit the children comes from section 67 of the recently passed Immigration Act 2016, a section otherwise known...
In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the previous country guidance case, PO (trafficked women) Nigeria [2009] UKAIT 00046, in order to demonstrate a real risk of persecution on return to Nigeria, a...
The Upper Tribunal has issued a new Country Guidance case on Eritrea: MST and Others (national service – risk categories) (CG) [2016] UKUT 443 (IAC). It weighs in at 459 paragraphs plus voluminous appendices. The findings are good news for Eritrean refugees seeking sanctuary; the tribunal recognises the danger they...
The Chief Inspector of Borders and Immigration, David Bolt, has criticised Home Office handling of applications by family members of refugees settled in the UK. His new report found the Home Office was too quick to refuse applications which might ultimately succeed once fuller evidence was provided, particularly where it...
The UK government, and Europe, has spared no expense to ensure that wherever the people trying to get to Europe end up, it isn’t here. But the courts are seemingly doing their best to help. The Court of Appeal’s judgment in Secretary of State for the Home Department v ZAT...
The Home Office has published a new 285 page report of a UK fact finding mission to Eritrea from February 2016 and updated its country policy documents on illegal exit from Eritrea and military service. From a quick glance, it looks like there is little change in the Home Office...
The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum claims, even though this has been held to be unlawful, as a matter...
The case of Ruhumuliza (Article 1F and “undesirable”) [2016] UKUT 284 (IAC) concerns an Anglican bishop judged by the Secretary of State on the balance of probabilities to have been involved in crimes against humanity, specifically genocide, in Rwanda in 1994. He was therefore excluded from the protection of the...
Interesting from the BBC: Converts to Christianity are being unfairly treated by the asylum system, according to a report by a parliamentary group. But how do you prove someone is Christian? The full report by the All Party Parliamentary Group for International Freedom of Religion or Belief is available here:...
The President of the Upper Tribunal, Mr Justice McCloskey, has allowed on human rights grounds the appeal of the mother and brother of a refugee child from Eritrea. The mother and brother were the appellants and the child in the UK was the sponsor. The appellants had fled Eritrea after...
Very upsetting news on Saturday from the French lawyers in the migrant camp in Calais. You can donate here to show solidarité. Today, March 17th 2016, just prior to 6 p.m., an arson attack was committed against the wooden cabin occupied by the Calais Appeal Legal Centre. This wooden cabin,...
An interesting set of draft Council conclusions on convergence in asylum decision practices obtained by Statewatch sets out a roadmap towards greater consistency in asylum decision making. There is a lot of work to do on this front, as shown by IRIN in their excellent and infographic heavy piece Playing...
A new report into asylum casework at the Home Office has just been published by David Bolt, the Independent Chief Inspector of Borders and Immigration. The inspection took place between March and July 2015 and was presented to Theresa May on 9 December 2015, so publication has been delayed for...
Full judgment is available here: R (on the application of ZAT and Others) v Secretary of State for the Home Department (Article 8 ECHR – Dublin Regulation – interface – proportionality) IJR [2016] UKUT 61 (IAC). The applicant children were all clearly very vulnerable and all had family members in...
This announcement is being reported differently in different outlets. The actual text of the announcement so far (a Ministerial statement will follow later today) is as below. There is a clear reference to reuniting children in Europe with refugee family members already in the UK, which is very much to...
Over the last two weeks a local group, with ever mounting, incredible support from so many through word of mouth and social media, raised funds and collected priority items to take to the Calais ‘Jungle’ and Dunkirk camp. We filled 3 large vans and a car with men’s clothes, blankets,...
Several news outlets are reporting this morning that the Dublin III Regulation is likely to be scrapped by the Commission in March. It may be that Peter Sutherland, the UN Special Representative on Migration, was right when he said last year that the Regulation was “dead”. If it is dead...
In yet another example of a refugee who was not properly advised on his defence to a prosecution for illegal entry, Shabani, Re [2015] EWCA Crim 1924 (22 July 2015), the Lord Chief Justice has overturned the conviction but this time has also referred the solicitors responsible for investigation by...
In a very interesting judgment the Canadian Supreme Court has declared unconstitutional the criminal offence of organising, inducing, aiding or abetting undocumented entry. The case is R. v. Appulonappa – SCC Cases (Lexus). This post reviews that case and then goes on to consider whether similar reasoning might here in...
The Home Office has updated its guidance on asylum claims by EU nationals (Asylum Policy Instruction EU/EEA Asylum Claims) to reflect changes to the Immigration Rules taking effect on 21 November 2015. These changes introduced a presumption that asylum claims by EU nationals are inadmissible and will not be considered...
Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being introduced with effect from tomorrow, 12 November 2015. The changes are wrought by Statement...
Yesterday Home Secretary Theresa May gave a speech on immigration and asylum issues at the Conservative Party conference in Manchester. It was a nakedly political speech that was clearly intended to appeal to the right wing of the Conservative Party. Theresa May is positioning herself to make a bid for...
The first week of September 2015. On the most northerly coast of Lesvos, one of the most easterly outposts of Greece’s many islands and a far flung outpost of the European Union, nestles the beautiful fishing port of Skala Sykaminias reached by a melting tarmac road at the end of...
In last weekend’s Sunday Times, Nigel Lawson lashed out at the emotional response of leading politicians and spiritual leaders to the image of “the sight of a drowned toddler”, thereby causing us to believe it was necessary for the UK to accept more Syrian refugees. He thinks we should not...
Monday: 3:30pm. Like most asylum lawyer geeks — you know who you are — I was hanging on every word of the Prime Minister when he made his announcement on how many Syrian “refugees” would be provided resettlement in the UK. He was at pains to distinguish between refugees and...
Germany has taken the extremely welcome step of suspending the transfer of Syrian asylum seekers under the Dublin III Regulation. As long ago as November 2013 UNHCR called for countries not to return Syrian nationals to their first point of entry in the EU. As the war has worsened and...
In the absence of legal means by which to enter countries of sanctuary, refugees resort to the use of irregular means of entry. Some will falsely apply for and obtain a visit or student visa and then apply for asylum once within the UK. Others will use clandestine means to...
A consultation and impact assessment on the new panic proposals to remove asylum support for failed asylum seekers have been published. These reveal the details of the proposals. The summary of the Government’s preference in the impact assessment is: Remove support for failed asylum seekers whose asylum claim is finally...
Finding Home: Real Stories of Migrant Britain is a new book by Emily Dugan. Emily is Social Affairs Editor at The Independent and has reported with empathy on immigration issues on a number of occasions. I generally try to avoid films, television and books on immigration and asylum issues simply...
“Cockroaches” according to Katie Hopkins. A “swarm” according to our likeminded Prime Minister, David Cameron, and The Daily Mail (again). An “army” according to the popular press, who seem to think we should literally send troops into France (without asking the French, we can assume) to hold the thin red...
The Upper Tribunal has found in the case of MSM (journalists; political opinion; risk) Somalia [2015] UKUT 00413 (IAC) [BAILII](with UNHCR intervening) that a Somali journalist would be at risk of persecution if returned to Somalia and that, crucially, he cannot be expected to change profession in order to avoid...
