Key duties in the Children Act 1989 apply to the children on Diego Garcia
24 May 2024
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After over two and a half years of children being held in inhumane conditions on Diego Garcia, the Supreme Court of the British Indian Ocean
After over two and a half years of children being held in inhumane conditions on Diego Garcia, the Supreme Court of the British Indian Ocean
The Home Office has published statistics for the period January to March 2024 showing a marked drop in the grant rate for asylum cases, tens
All successful applications for asylum or humanitarian protection in the UK result in the grant of five years leave to remain, on what is known
The Upper Tribunal has found the guidance to be used those who cannot travel to enrol their biometrics because it is unsafe to be unlawful.
This blog explains why Asylum Aid continues to believe that the Home Office’s interpretation of the Safety of Rwanda Act as excluding consideration of “onward
As I explained in a previous blog, in its June 2023 judgment in AAA & Others v SSHD, the Court of Appeal accepted Asylum Aid’s
The latest modern slavery statistics have been published and show that the ‘immigration enforcement competent authority’ had made its lowest percentage of positive conclusive grounds
On Monday the Home Office updated the guidance documents relating to removals to Rwanda and retroactively amended the Rwanda agreement to include the possibility of
Following a legal challenge, the small group of Sri Lankan people seeking asylum in Diego Garcia have been granted bail so that they are able
Leigh Day, instructed by Asylum Aid, have today sent a pre action letter challenging the lawfulness of certain aspects of the Safety of Rwanda guidance
The Independent Chief Inspector of Borders and Immigration’s report on the Afghan relocation and resettlement schemes reveals yet another undisclosed pause on cases, this one
The second part of a challenge to the family reunion rules that exclude child refugees from bringing their family to the UK has been dismissed
I have set out below what the legal process is for sending a person to Rwanda following the Safety of Rwanda (Asylum and Immigration) Act
The Court of Appeal has rejected a claim that Afghan nationals have been unlawfully treated less favourably than Ukrainians when it comes to the requirement
In what is a day of enormous shame for any right thinking person in this country, the UK’s treaty with Rwanda has today been ratified
The Home Office has published its latest “ad hoc” statistics release, showing a dramatic increase in the number of Vietnamese people coming to the UK
Almost two years after changes were made by the Nationality and Borders Act 2022 to the standard of proof, we have our first reported decision
The backlog of cases in the inadmissibility process was in the news again last week following senior Home Officials’ evidence session at the Public Accounts
During judicial review proceedings it has been disclosed that around 80 children were evacuated from Afghanistan and separated from their families and a new route
On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who
The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement
In recent months two cohorts of young people, those granted ‘Calais leave’ and those granted leave under section 67 of the Immigration Act 2016, have
The High Court has dismissed a judicial review raised by an Albanian national challenging a negative reasonable grounds (first stage) decision in his trafficking claim,
As reported last week, the Irish High Court has held that the decision to put the UK on the list of safe third countries to
This week the Sentencing Council published new draft sentencing guidelines for immigration offences within the Immigration Act 1971 and Identity Documents Act 2010. This includes
The Home Office has updated its guidance on voluntary returns, now re-named voluntary departures which now includes the possibility of sending those who agree to
The Home Office has updated its “Allocation of asylum accommodation” guidance so that a list of people who were previously excluded from the Bibby Stockholm,
As the government’s Rwanda plan continues to court controversy, there is one area of their policy which by their measures could be seen to be
A guidance change made in July 2023 is affecting the ability of the new-born babies of refugees to obtain refugee status. This is an issue
This is another successful challenge from a former Afghan judge who was unlawfully excluded from the Afghan Relocations and Assistance Policy scheme (ARAP). The case
This is our write up of the first of the Home Secretary’s recent dump of the much delayed reports from the Independent Chief Inspector of
A few days before the two-year anniversary of the full-scale invasion of Ukraine, the UK government announced a series of sweeping changes to the Ukraine
Following a request from the Chairs of the Public Accounts and Home Affairs Committees, the National Audit Office has published a report on the costs
The latest immigration and asylum statistics have been published today. We have highlighted some of the interesting data below on asylum, EU Settlement Scheme, fee
The Court of Appeal has gone to town on a First-tier Tribunal decision for the second time in as many weeks, this time allowing an
The Upper Tribunal has confirmed that the Home Secretary’s “Discretionary Leave” guidance, version 10, published on 16 March 2023 is unlawful to the extent that
In the latest case challenging a decision made under the Afghan Relocation and Assistance Policy, the High Court has quashed the refusal decision on the
Although now largely eclipsed by the Illegal Migration Act 2023, the Nationality and Borders Act 2022’s legacy will be its criminalisation of the act of
Having presumably learned from their much criticised mishandling of certain trafficking cases, the government published a statement yesterday stating that they have paused consideration of
In a recent decision, Mohammed Ismael Suliman Abdullah for judicial review [2024] ScotCS CSOH_8, the Court of Session clarified that when a young person is
After over two and a half years of children being held in inhumane conditions on Diego Garcia, the Supreme Court of the British Indian Ocean Territories has ruled that key safeguarding provisions of the 1989 Children Act apply to the territories. Background In September 2021, a group of Tamil asylum...
The Home Office has published statistics for the period January to March 2024 showing a marked drop in the grant rate for asylum cases, tens of thousands of EU Settlement Scheme applications rejected as invalid, and a fee waiver backlog that seems to be rapidly spiralling out of control. My...
All successful applications for asylum or humanitarian protection in the UK result in the grant of five years leave to remain, on what is known as a “protection route”. People granted leave on a protection route are then eligible to apply for settlement on completion of those five years. Their...
The Upper Tribunal has found the guidance to be used those who cannot travel to enrol their biometrics because it is unsafe to be unlawful. The individual refusal decisions were also quashed. The linked cases are RM and others v Secretary of State for the Home Department JR-2024-LON-000082 and WM...
This blog explains why Asylum Aid continues to believe that the Home Office’s interpretation of the Safety of Rwanda Act as excluding consideration of “onward removal” (where someone is removed from Rwanda) claims is wrong and that this guidance is therefore unlawful. We believe that properly interpreted, the Act permits...
The latest modern slavery statistics have been published and show that the ‘immigration enforcement competent authority’ had made its lowest percentage of positive conclusive grounds decisions confirming that a person is recognised as a victim of trafficking since it was set up, with a recognition rate of 20.68% for the...
On Monday the Home Office updated the guidance documents relating to removals to Rwanda and retroactively amended the Rwanda agreement to include the possibility of sending failed asylum seekers there. This was done via a letter from the British High Commissioner in Rwanda to Rwanda’s Permanent Secretary Ministry of Foreign...
Following a legal challenge, the small group of Sri Lankan people seeking asylum in Diego Garcia have been granted bail so that they are able to access more of the island beyond the tiny encampment they were kept in previously. We have previously published a post providing the historical context...
Leigh Day, instructed by Asylum Aid, have today sent a pre action letter challenging the lawfulness of certain aspects of the Safety of Rwanda guidance that was published on Monday 29 April 2024. The pre action letter is being shared widely within the immigration law sector (see below) so that...
The Independent Chief Inspector of Borders and Immigration’s report on the Afghan relocation and resettlement schemes reveals yet another undisclosed pause on cases, this one relating to grants of entry clearance for those who met the requirements of the Afghan Relocations and Assistance Policy (ARAP). Between October 2022 and March...
The second part of a challenge to the family reunion rules that exclude child refugees from bringing their family to the UK has been dismissed by the High Court. The case is R (DM) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2024]...
The Court of Appeal has rejected a claim that Afghan nationals have been unlawfully treated less favourably than Ukrainians when it comes to the requirement to enrol biometrics as part of an entry clearance application. The case is R (AB) v Secretary of State for the Home Department [2024] EWCA...
In what is a day of enormous shame for any right thinking person in this country, the UK’s treaty with Rwanda has today been ratified which means that the Safety of Rwanda (Asylum and Immigration Act) 2024 which received Royal Assent today is now in force. On 22 January 2024...
The Home Office has published its latest “ad hoc” statistics release, showing a dramatic increase in the number of Vietnamese people coming to the UK and a 24% increase in people detected crossing the Channel so far in 2024. The statistics were published to support the Prime Minister’s speech in...
Almost two years after changes were made by the Nationality and Borders Act 2022 to the standard of proof, we have our first reported decision from the Upper Tribunal on how the assessment of whether a person’s fear of persecution is “well-founded” should be carried out. The case is JCK...
The backlog of cases in the inadmissibility process was in the news again last week following senior Home Officials’ evidence session at the Public Accounts Committee on Monday. This article looks at legal arguments that can be made in relation to the Home Office’s delay in making admissibility decisions for...
During judicial review proceedings it has been disclosed that around 80 children were evacuated from Afghanistan and separated from their families and a new route is to be put in place to facilitate the reunion of these families shortly. The case is R (HR & Ors) v Secretary of State...
On 13 March 2024, in AUS v R [2024] EWCA Crim 322, the Court of Appeal quashed the 2010 conviction of a Somali citizen who was sentenced to 12 months’ imprisonment for possession of a false identity document, contrary to s25(1) of the Identity Cards Act 2006. The applicant was...
The Court of Appeal has told the Ministry of Defence that they must reconsider whether an Afghan former Supreme Court judge is eligible for resettlement to the UK under the Afghan Relocations and Assistance Policy (ARAP). This was following an unsuccessful appeal by the Home Secretary and the Defence Secretary...
In recent months two cohorts of young people, those granted ‘Calais leave’ and those granted leave under section 67 of the Immigration Act 2016, have begun to reach the end of five years’ limited leave to remain. The immigration rules currently provide a route to either further limited leave or...
The High Court has dismissed a judicial review raised by an Albanian national challenging a negative reasonable grounds (first stage) decision in his trafficking claim, finding that his employer did not have the intention to exploit him at the point of recruitment. The case is R (MT) v Secretary of...
This week the Sentencing Council published new draft sentencing guidelines for immigration offences within the Immigration Act 1971 and Identity Documents Act 2010. This includes offences expanded by the Nationality and Borders Act 2022. Previously, there had been no formal guidelines for these offences. The draft guidelines have been published...
The Home Office has updated its guidance on voluntary returns, now re-named voluntary departures which now includes the possibility of sending those who agree to a safe third country. Although not explicitly named in the guidance, the intention is clearly to try to get people to agree to go to...
The Home Office has updated its “Allocation of asylum accommodation” guidance so that a list of people who were previously excluded from the Bibby Stockholm, Napier and the other ex-Ministry of Defence sites and from having to share a bedroom, can now be accommodated in these places. The euphemism being...
As the government’s Rwanda plan continues to court controversy, there is one area of their policy which by their measures could be seen to be succeeding: their efforts to stop Albanians from seeking refuge in the UK. Since 2019, the Migrant and Refugee Children’s Legal Unit at Islington Law Centre...
A guidance change made in July 2023 is affecting the ability of the new-born babies of refugees to obtain refugee status. This is an issue that affects a limited group of people, namely those who have been granted refugee leave for five years, and have a child born in the...
This is another successful challenge from a former Afghan judge who was unlawfully excluded from the Afghan Relocations and Assistance Policy scheme (ARAP). The case is MP1, R (On the Application Of) v Secretary of State for Defence [2024] EWHC 410 (Admin). Background MP1 worked as a criminal defence lawyer...
This is our write up of the first of the Home Secretary’s recent dump of the much delayed reports from the Independent Chief Inspector of Borders and Immigration. The one point I will make from the outset is that anyone who is working on Albanian claims should read the relevant...
A few days before the two-year anniversary of the full-scale invasion of Ukraine, the UK government announced a series of sweeping changes to the Ukraine schemes, giving just four hours’ notice of their implementation. Among the most significant changes are the closure of the Ukraine Family Scheme, and a new...
Following a request from the Chairs of the Public Accounts and Home Affairs Committees, the National Audit Office has published a report on the costs to date of setting up the Migration and Economic Development Partnership with Rwanda. The report also looks at the basis on which future costs would...
The latest immigration and asylum statistics have been published today. We have highlighted some of the interesting data below on asylum, EU Settlement Scheme, fee waivers and student and work routes. Asylum As many have been predicting for a while now, the asylum grant rate has dropped substantially in the...
The Court of Appeal has gone to town on a First-tier Tribunal decision for the second time in as many weeks, this time allowing an appeal in an asylum claim from an Iranian national. The case is FA (Iran) v Secretary of State for the Home Department [2024] EWCA Civ...
The Upper Tribunal has confirmed that the Home Secretary’s “Discretionary Leave” guidance, version 10, published on 16 March 2023 is unlawful to the extent that it excludes victims of trafficking who had been accepted by the Home Office to be a victim before 30 January 2023 and had, before that...
In the latest case challenging a decision made under the Afghan Relocation and Assistance Policy, the High Court has quashed the refusal decision on the basis that it was not supported by the evidence that had been provided in support of the application. The case is R (MA) v Secretary...
Although now largely eclipsed by the Illegal Migration Act 2023, the Nationality and Borders Act 2022’s legacy will be its criminalisation of the act of seeking asylum in the UK. This article aims to give an overview of the changes to the law. Entry vs arrival By way of background,...
Having presumably learned from their much criticised mishandling of certain trafficking cases, the government published a statement yesterday stating that they have paused consideration of asylum claims from a certain group. Those affected are people who arrived on or after 1 January 2022 and who received a notice of intent before...
In a recent decision, Mohammed Ismael Suliman Abdullah for judicial review [2024] ScotCS CSOH_8, the Court of Session clarified that when a young person is seeking for a court to make a finding in relation to their age in Scotland, the action should be raised as a declarator of age...