What is in the Illegal Migration Bill?
8 March 2023
No Comments
The Illegal Migration Bill was published yesterday. You can access the Bill here and the Explanatory Notes here. While it remains a Bill, the individual
The Illegal Migration Bill was published yesterday. You can access the Bill here and the Explanatory Notes here. While it remains a Bill, the individual
To try to reduce the asylum decision backlog, the Home Office has introduced a “streamlined” process, including a questionnaire to be completed, in English, by
The Court of Appeal has granted refugee status in a case turning on the credibility of the appellant’s evidence. MAH (Egypt) v Secretary of State
Quarterly immigration statistics released last week show the asylum backlog has hit a record high as 160,919 asylum seekers await an initial asylum decision, quadruple
The latest quarterly immigration statistics are out. I’m focussing here on what the figures reveal about the system, including the backlog, arrivals, resettlement, grant rate,
In December, Asylos and the Dutch Council for Refugees jointly published two country of origin information reports on Russia, focusing on the treatment of military
The Upper Tribunal has confirmed that a recognised victim of trafficking who is also an asylum seeker, partly fearing re-trafficking on return as well as
One of the changes to immigration law made by the government in response to the sharp increase in small boat crossings was the creation of a
On 1 February 2023, the Court of Appeal heard an appeal against a preliminary ruling that asylum seekers can be prosecuted for arriving in the
The Home Office’s new policy temporary permission to stay for victims of trafficking and slavery was published on 30 January 2023. It accompanies the new
The system of legal aid for asylum seekers in the UK is broken. The legal advice and representation available is becoming so inadequate that it
In yet another Afghan evacuation case, the court in KBL v Secretary of State for the Home Department [2023] EWHC 87 (Admin) looked at whether
There have been many stories over the last few years about the reasons asylum seekers risk their lives crossing the Channel to come to the
This article reviews some common cross-cultural pitfalls between legal representatives and young people claiming asylum. It also provides some ideas on how to mitigate cultural
On 16 January 2023 there was a High Court hearing to deal with all matters following on from its ruling published on 19 December 2022.
The fall of Kabul in August 2021 prompted an emergency evacuation of around 15,000 people eligible for repatriation or relocation in the UK. Within weeks,
Yesterday, the interim Age Estimation Science Advisory Committee report on the evaluation methods used to assist in assessing the age of unaccompanied asylum-seeking children was
Those following the law around the prosecution of arrival in small boats may be interested in the ruling from the preparatory hearing in R v
In a powerful judgment given on 21 December 2022, the High Court ordered the Secretary of State for the Home Department to immediately increase the
Now that the High Court has decided that the Rwanda policy is lawful, at least at a general level, many people will be wondering when
The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin) that
Rishi Sunak announced yesterday a number of measures to address the government’s self-made asylum backlog. The tone of Sunak’s statement was more measured than the
Further submissions or a ‘fresh claim’ is a process for submitting an asylum (or human rights) application where there has been a previous failed claim
Across Europe, asylum seekers and displaced people are facing growing hostility as they look to start new lives escaping war and persecution. In Greece, there
The idea of a ‘white list’ of countries which are presumed to be safe and whose nationals will be swiftly returned is not a new
Yesterday the Home Secretary faced questions in front of the Home Affairs Select Committee. Today the quarterly statistics on immigration were released by the Office
Back in the heady days of 2019, journalist Jon Stone started what turned out to be a very long thread on Twitter. Over and over
It is often not possible to mitigate additional distress when working with children given the nature of the asylum regime and the need to explore
The Home Office has released a new Interim Guidance: Requesting a second opinion for an external medical report/Medico-Legal Report as part of their offender management
There have been lots of different numbers and statistics relating to the UK’s asylum system mentioned over the last week. One of these is the
The Home Affairs Select Committee held an oral evidence session about Channel crossings and other key asylum issues last week. Since the evidence that was
A new report has been published this morning by HM Chief Inspector of Prisons on the controversial short term holding facility for refugees at Manston
Small boat crossings attract a lot of media and political attention. The images we see of refugees arriving on our shores clearly upset some people.
The new Statement of Changes, published on 18 October 2022, has introduced yet another appendix to the Immigration Rules: Appendix Temporary Permission to Stay for
The Ukraine Extension Scheme is one of the three visa schemes set up for people displaced by the Russian invasion of Ukraine (alongside the Homes
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in
It is now twenty two years since I first started work as an asylum lawyer at the Oakington detention centre, a converted former barracks near
The European Court of Human Rights has handed down a significant judgment concerning the age-assessment process and rights of child asylum seekers. In Darboe and
OH v Secretary of State for the Home Department [2022] UKAITUR JR2021LON001003 concerns the rights of a dependant of an asylum seeker to work in
It has been reported that thousands of Russian men are fleeing their country in order to avoid being conscripted into the army. Miles long queues
The Illegal Migration Bill was published yesterday. You can access the Bill here and the Explanatory Notes here. While it remains a Bill, the individual provisions are referred to as clauses and once it becomes an Act — as it surely will — they are referred to as sections. The...
To try to reduce the asylum decision backlog, the Home Office has introduced a “streamlined” process, including a questionnaire to be completed, in English, by individuals from Afghanistan, Eritrea, Syria, Yemen and Libya who claimed asylum before 28 June 2022. Around 12,000 questionnaires are expected to be sent out, with...
The Court of Appeal has granted refugee status in a case turning on the credibility of the appellant’s evidence. MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 provides helpful guidance on the standard of proof in asylum claims, credibility and the role of the...
Quarterly immigration statistics released last week show the asylum backlog has hit a record high as 160,919 asylum seekers await an initial asylum decision, quadruple the number awaiting an initial decision at the end of 2019. In December 2022, following intense criticism over continuous unprecedented delays, Prime Minister Rishi Sunak...
The latest quarterly immigration statistics are out. I’m focussing here on what the figures reveal about the system, including the backlog, arrivals, resettlement, grant rate, modern slavery referrals, detention and removals. Backlog The asylum backlog has reached over 160,000 people: 160,919 awaiting an initial decision, or 166,261 in total once fresh...
In December, Asylos and the Dutch Council for Refugees jointly published two country of origin information reports on Russia, focusing on the treatment of military deserter and of political dissidents. These were published in response to two reports by the European Union Agency for Asylum (‘EUAA’) on these issues dated...
The Upper Tribunal has confirmed that a recognised victim of trafficking who is also an asylum seeker, partly fearing re-trafficking on return as well as political persecution, should have been granted permission to stay (leave to remain) whilst their asylum claim was pending, in line with findings in R (KTT)...
One of the changes to immigration law made by the government in response to the sharp increase in small boat crossings was the creation of a ten year route to settlement for refugees. This followed the commencement of the Nationality and Borders Act 2022, although the change was wrought by an...
On 1 February 2023, the Court of Appeal heard an appeal against a preliminary ruling that asylum seekers can be prosecuted for arriving in the UK without a valid entry clearance. The case is R v. Mohamed and others. The appeal was brought on behalf of four Sudanese defendants who...
The Home Office’s new policy temporary permission to stay for victims of trafficking and slavery was published on 30 January 2023. It accompanies the new appendix to the Immigration Rules of the same name, which was published on 18 October 2022 and came into force on 30 January this year....
The system of legal aid for asylum seekers in the UK is broken. The legal advice and representation available is becoming so inadequate that it may breach the state’s human rights obligations and will inevitably lead to significant miscarriages of justice. The underlying problem is that legal aid no longer...
In yet another Afghan evacuation case, the court in KBL v Secretary of State for the Home Department [2023] EWHC 87 (Admin) looked at whether the guidance issued for the benefit of potential beneficiaries of the evacuation, known as “Operation Pitting”, created a legitimate expectation that Afghans in similar circumstances...
There have been many stories over the last few years about the reasons asylum seekers risk their lives crossing the Channel to come to the UK. If they are willing to do this, many people ask, then what is the point of making life more difficult for them when they...
This article reviews some common cross-cultural pitfalls between legal representatives and young people claiming asylum. It also provides some ideas on how to mitigate cultural misunderstandings. Going into your initial meeting, a basic understanding of your client’s culture is helpful to build trust and a good rapport. It is not...
The fall of Kabul in August 2021 prompted an emergency evacuation of around 15,000 people eligible for repatriation or relocation in the UK. Within weeks, amid intense criticism of the UK government’s mishandling of the situation and leadership failures surrounding the Afghanistan evacuation, Operation Warm Welcome was launched, to ensure...
Yesterday, the interim Age Estimation Science Advisory Committee report on the evaluation methods used to assist in assessing the age of unaccompanied asylum-seeking children was published. In October 2021, Priti Patel threatened to use x-rays to verify age. The report says that using X-rays to check age could put them...
Those following the law around the prosecution of arrival in small boats may be interested in the ruling from the preparatory hearing in R v Mohamed and others. The purpose of the hearing was to provide a clear ruling on points of law that are likely to arise time again...
In a powerful judgment given on 21 December 2022, the High Court ordered the Secretary of State for the Home Department to immediately increase the weekly support payments made to asylum seekers to £45. This is the largest ever single increase in the rate of asylum support and is made...
Now that the High Court has decided that the Rwanda policy is lawful, at least at a general level, many people will be wondering when the government will attempt another removal flight. This question will be no doubt be causing a lot of worry to people in Home Office accommodation...
The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department [2022] EWHC 3230 (Admin) that the UK government’s Rwanda plan is lawful. The individual decisions in the case were inadequate and will need to be re-made, but that is no...
Rishi Sunak announced yesterday a number of measures to address the government’s self-made asylum backlog. The tone of Sunak’s statement was more measured than the sometimes rather unhinged rhetoric to which we have become accustomed, although he still introduced the topic as being about “illegal immigration”. There were no attacks...
Further submissions or a ‘fresh claim’ is a process for submitting an asylum (or human rights) application where there has been a previous failed claim and all appeal rights have been exhausted. It can be an effective tool for rectifying years of uncertainty for a failed asylum seeker however the...
Across Europe, asylum seekers and displaced people are facing growing hostility as they look to start new lives escaping war and persecution. In Greece, there is continually mounting evidence of “pushbacks” to which Frontex, the European Border and Coast Guard Agency, have been shown to be turning a blind eye....
Yesterday the Home Secretary faced questions in front of the Home Affairs Select Committee. Today the quarterly statistics on immigration were released by the Office for National Statistics. What do the two say about the state of the asylum process, backlogs and whether there is a brighter future in store?...
Back in the heady days of 2019, journalist Jon Stone started what turned out to be a very long thread on Twitter. Over and over and over again, he wrote “Abolish the Home Office”. Every tweet linked to example after example after example of appalling conduct by officials at the...
It is often not possible to mitigate additional distress when working with children given the nature of the asylum regime and the need to explore the hardest moments in your client’s life. This post gives some ideas on how to mitigate this distress when helping a child prepare an asylum...
The Home Office has released a new Interim Guidance: Requesting a second opinion for an external medical report/Medico-Legal Report as part of their offender management caseworker guidance. The new guidance aims to “introduce an additional, clinical input to assist decision-making for those who may be vulnerable in immigration detention”. The...
There have been lots of different numbers and statistics relating to the UK’s asylum system mentioned over the last week. One of these is the backlog of people waiting for an initial decision on their asylum claim. Depending on whether or not people include dependents, the backlog of initial decisions...
The Home Affairs Select Committee held an oral evidence session about Channel crossings and other key asylum issues last week. Since the evidence that was heard on Wednesday, figures and quotes have hit the headlines. Criticism of Suella Braverman has been extensive and the Manston processing centre has become the...
A new report has been published this morning by HM Chief Inspector of Prisons on the controversial short term holding facility for refugees at Manston in Kent. The inspection took place in late July 2022, before the current Home Secretary, Suella Braverman, is reported to have prevented hotel bookings that...
Small boat crossings attract a lot of media and political attention. The images we see of refugees arriving on our shores clearly upset some people. The Conservative Member of Parliament for Dover and Deal in successive tweets, for example, says crossings are “no refugee crisis… but simply illegal immigration” and...
The new Statement of Changes, published on 18 October 2022, has introduced yet another appendix to the Immigration Rules: Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery. The new appendix will be added on 30 January 2023. The provisions largely mirror those set out in primary...
The Ukraine Extension Scheme is one of the three visa schemes set up for people displaced by the Russian invasion of Ukraine (alongside the Homes for Ukraine and Ukraine Family Schemes). All three Ukraine Visa Schemes result in a grant of three years of limited leave to remain with the...
The outcome of an asylum case can sometimes depend not on what the individual person says happened to them but on the general situation in a particular country. The general situation for asylum seekers from several countries is determined by the Upper Tribunal in what are called Country Guidance (CG)...
It is now twenty two years since I first started work as an asylum lawyer at the Oakington detention centre, a converted former barracks near Cambridge. I have seen a lot of change to the asylum system in that time. But many of the changes have ultimately been superficial. The...
The European Court of Human Rights has handed down a significant judgment concerning the age-assessment process and rights of child asylum seekers. In Darboe and Camara v Italy (Application no. 5797/17), the court found that the Italian government had breached Articles 3 and 8 of the European Convention on Human...
OH v Secretary of State for the Home Department [2022] UKAITUR JR2021LON001003 concerns the rights of a dependant of an asylum seeker to work in the United Kingdom. OH challenged a decision to refuse his request to work whilst he was a dependant of his wife’s asylum claim. OH and...
It has been reported that thousands of Russian men are fleeing their country in order to avoid being conscripted into the army. Miles long queues of cars have built up at the border into Georgia. This comes on top of the tens of thousands of young Russians and intellectuals who...
