Briefing: Can criminals be denied refugee status?
2 February 2024
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The short answer is “yes, criminals can be denied refugee status.” There is a moral dimension to the Refugee Convention. But the criminal offence or
The short answer is “yes, criminals can be denied refugee status.” There is a moral dimension to the Refugee Convention. But the criminal offence or
Gender-based violence is an umbrella term used to describe crimes including rape, domestic violence, forced marriage and female genital mutilation. Women who are fleeing gender-based
On 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old
On 21 December 2023 the Immigration Minister published a letter setting out a concession for people who wish to make an application to the Hong
The Immigration (Age Assessments) Regulations 2024 providing for the use of scientific age testing of children have come into force on 10 January 2024. A
The latest statistics from the Home Office break down the “flow” backlog (i.e. asylum claims made on or after 28 June 2022) into three separate
In December 2022 the Prime Minister pledged to clear the ‘legacy’ backlog (claims made before 28 June 2022 when certain provisions of the Nationality and
A new version of the Home Office caseworker guidance “Withdrawing asylum claims” has been published, halving the amount of time people are given to explain
The Home Secretary must set out a lawful plan to completely end its use of hotels for accommodating lone refugee children. This is the conclusion
The Safety of Rwanda (Immigration and Asylum) Bill has been published. There is no explanatory memorandum that I have seen, so I have done my
The text of the UK’s new treaty with Rwanda to relocate people seeking asylum here to Rwanda instead has been published. For reference, the previous
Changes have been made to the evidence refugees need to apply for Universal Credit and they should now be able to access this with their
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
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
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)
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
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
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
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
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,
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
At least 51% of asylum applicants in England and Wales – 37,450 people – are now unable to find a legal aid lawyer. That is
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
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
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
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
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
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
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
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
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
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
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
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
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
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,
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 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
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
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
The short answer is “yes, criminals can be denied refugee status.” There is a moral dimension to the Refugee Convention. But the criminal offence or offending must be particularly serious in nature. The offending or behaviour must be serious in nature because denying refugee status to a person and sending...
Gender-based violence is an umbrella term used to describe crimes including rape, domestic violence, forced marriage and female genital mutilation. Women who are fleeing gender-based violence from their country of origin and enter the UK can seek protection and claim asylum in the UK on this basis. As practitioners who...
On 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old under Regulation 10A of the Asylum Support Regulations 2000 would be increased in line with the Department of Health and Social Care’s ‘Healthy Start’ scheme....
On 21 December 2023 the Immigration Minister published a letter setting out a concession for people who wish to make an application to the Hong Kong British National (Overseas) route but who are currently in the UK without permission. A formal Ministerial Authorisation under the Equality Act 2010 has also...
The Immigration (Age Assessments) Regulations 2024 providing for the use of scientific age testing of children have come into force on 10 January 2024. A reminder of the response from the Royal College of Paediatrics and Child Health to these proposals: Evidence shows that using x-rays to determine age can...
The latest statistics from the Home Office break down the “flow” backlog (i.e. asylum claims made on or after 28 June 2022) into three separate groups. It is important to understand the different ways that they are treated, all of which involve the inadmissibility process in some way. Taking them...
In December 2022 the Prime Minister pledged to clear the ‘legacy’ backlog (claims made before 28 June 2022 when certain provisions of the Nationality and Borders Act 2022 were brought into force) by the end of 2023. Yesterday he claimed that this goal had been achieved, despite the government’s statistics...
A new version of the Home Office caseworker guidance “Withdrawing asylum claims” has been published, halving the amount of time people are given to explain reasons for missing an interview as well as setting out some additional steps for those who miss an interview. You can see a comparison of...
The Home Secretary must set out a lawful plan to completely end its use of hotels for accommodating lone refugee children. This is the conclusion of Judge Chamberlain in R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin). The...
The Safety of Rwanda (Immigration and Asylum) Bill has been published. There is no explanatory memorandum that I have seen, so I have done my best without that to explain what is in the Bill. As was the case with the Illegal Migration Bill, it begins with a declaration by...
The text of the UK’s new treaty with Rwanda to relocate people seeking asylum here to Rwanda instead has been published. For reference, the previous memorandum of understanding is here. Much of the treaty is just an expanded version of the memorandum, for example Article 11 in both deals with...
Changes have been made to the evidence refugees need to apply for Universal Credit and they should now be able to access this with their grant letter and Asylum Registration Card (ARC). We have previously covered the issue of Home Office changes to the notice period for stopping asylum support...
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 concerns being raised around the inability for children...
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 grounds for believing that the removal of any asylum seeker to Rwanda under...
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 Convention”) which, if met, can lead our clients to a grant of refugee status....
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 court’s judgment, emphasised the non-political nature of the court’s...
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 Safe States) Regulations 2024 need to be voted through by both...
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 person’s refugee status, there is a right of...
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 Israel’s heavy bombardment of Gaza has intensified during this time....
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 Act 2022. How does the modern slavery protection process work? Firstly, a potential...
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 in the sector can tell you, there is no fixed timeframe for an asylum claim...
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 applications for asylum. This analysis comes from Freedom...
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 vulnerable clients, but in the current climate it is...
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 small boat or other illegal clandestine means would be flown...
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 other forms of ill-treatment which an individual has been subjected to....
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 business model, save lives and uphold the UK’s commitment to protect refugees. Safe routes work ...
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 Court of Appeal on procedural fairness...
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 for attack, as being undeserving of...
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 child living in Lebanon. As a direct consequence of that he was...
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 explanatory memorandum containing a statement by the Secretary of State for...
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 (Commencement No. 1) Regulations 2023, published last night,...
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 here and here. In essence, the Court of...
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 receiving refugees aside from...
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 just isn’t enough time for...
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 entitlements and next steps are is unclear. There is no published...
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 published a briefing on withdrawals. The...
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), looks at what happens when local authorities don’t comply with their...
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 make shocking reading, even for those...
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-based faction of a Pakistani political...