Claiming humanitarian protection in medical treatment cases

Seriously ill migrants claiming humanitarian protection status must show that a persecutor would intentionally deprive them of medical treatment, the Upper Tribunal has confirmed. The case is NM (Art 15(b): intention requirement) Iraq [2021] UKUT 259 ...

25th October 2021 By

English courts can’t hear immigration appeals from Scotland

Immigration law is the same across the United Kingdom, but the legal systems are not. Normally that doesn’t matter. Sometimes, as in the case of Khurshid v Secretary of State for the Home Department [2021] EWCA Civ 1515, it does. Mr Khursid is i ...

20th October 2021 By

Pork butchers latest to get temporary visas

800 temporary Seasonal Worker visas will be made available to pork butchers, the government has announced. They will last for six months, with applications open until 31 December 2021. Butchers were already eligible for the mainstream Skilled Worker v ...

15th October 2021 By

Visa scheme for HGV drivers and poultry workers launched

The Home Office has published a short statement of changes to the Immigration Rules. It is to implement the emergency temporary visa schemes for HGV drivers and poultry workers and therefore comes into force at 4pm today. Employers in those sectors wi ...

11th October 2021 By

Patel pleads for time to stop Channel crossings

About half of the Home Secretary’s speech to the Conservative Party conference today was given over to immigration and asylum, but there were no new policy announcements. In fact it was, in structure, tone and content, much like last year’ ...

5th October 2021 By

New immigration concession for fuel tanker drivers

Certain foreign citizens who can drive fuel tankers can enter the UK without a visa until 15 October under a new immigration concession. The Home Office published the Concession for temporary leave to allow employment as HGV fuel drivers on Saturday 2 ...

4th October 2021 By

Immigration checks within the Common Travel Area

Immigration officials may stop people travelling from Ireland to Great Britain and ask to see their papers despite the Common Travel Area, the Home Office has confirmed. A newly updated version (10.0) of the Common Travel Area guidance says: Whilst th ...

1st October 2021 By

HGVisas: what do we know so far?

The government has announced that HGV drivers and poultry workers will be eligible for temporary visas from next month. The policy represents a shift from the firm line against “low-skilled” immigration post-Brexit. Here is what we know ab ...

27th September 2021 By

Podcast: fixing UK immigration advice

A woman went back to her husband who had previously been violent to her, and it was at least partly because she couldn’t find anyone to make her application for indefinite leave to remain under the domestic violence rules within the timescale re ...

24th September 2021 By

Home Office conceding 30% of appeals, Pres says

The Home Office is now conceding three out of every ten immigration appeals before the hearing, a senior immigration judge has said. Michael Clements, President of the First-tier Tribunal (Immigration and Asylum Chamber), puts the cheerful stat down t ...

23rd September 2021 By

Fast Track asylum appeals were not necessarily unfair, Supreme Court confirms

The fact that the Detained Fast Track asylum appeal process was systemically unfair doesn’t mean it was automatically unfair in every case decided under it, according to the Supreme Court. The case is TN (Vietnam) [2021] UKSC 41. TN is a Vietnamese ...

22nd September 2021 By

The best interests of children in Northern Irish immigration appeals

The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane. It is about the consequences of a failure by the Home Office to comply with its dut ...

21st September 2021 By

Afghans barred from applying for resettlement in the UK

The Home Office has put out some details on the new Afghan Citizens Resettlement Scheme (ACRS). It is highly topical but arguably irrelevant from an immigration lawyer’s point of view, because immigration law runs on applications and you cannot ...

14th September 2021 By

New statement of changes to the Immigration Rules: HC 617

On 10 September 2021 the Home Office published a statement of changes to the Immigration Rules (HC 617). It is 183 pages long and makes adjustments in quite a number of areas. Some of the main changes are: Banning entry to the UK with an ID card rathe ...

13th September 2021 By

Can children be deported from the UK?

Yes. Children can be removed from the UK as part of a family. They can, on paper, also be deported in their own right for criminal offending: the Home Secretary’s power of deportation under the Immigration Act 1971 is not limited to under-18s, a ...

8th September 2021 By

After deprivation of citizenship comes months or years in limbo

The Home Office is routinely missing its target for issuing new residence permits to people who lose their British citizenship, figures obtained under the Freedom of Information Act show. Those deprived of their citizenship for (often historic) decept ...

7th September 2021 By

How electronic travel authorisations could harden the Irish border

The Nationality and Borders Bill 2021 has lain dormant over the summer but will be taken up again once Parliament returns on 6 September. Down in the miscellaneous provisions is a requirement for people entering the UK without a visa or British/Irish ...

1st September 2021 By

Podcast: what now for Afghan refugees?

The UK’s emergency evacuation of Afghan civilians ends today, ahead of the 31 August deadline for the withdrawal of Western troops from Afghanistan. Where does that leave Afghans hoping to escape the Taliban for safety in Britain? That’s t ...

27th August 2021 By

Asylum backlog passes 70,000

The backlog of asylum cases has passed 70,000 despite a fall in the annual number of applications. Almost 71,000 asylum seekers, including dependants, were awaiting an initial decision on their claim for refugee status as of 30 June 2021, according to ...

26th August 2021 By

High Court backs law firm in dispute over £194,000 asylum bill

A costs judge has backed a leading firm of solicitors in its dispute with a former client over a £194,000 bill for work on her asylum case. The judgment is Farrer & Co LLP v Yertayeva [2021] EWHC B16 (Costs). Ms Yertayeva is a Kazakhstani busines ...

23rd August 2021 By

Deported murderer loses anonymity

Selami Cokaj describes himself on LinkedIn as “a shrewd businessman, with a killer instinct”. It is an unfortunate turn of phrase: before moving to the UK in 1997, Mr Cokaj was convicted of murder in his native Albania. His unsuccessful hu ...

18th August 2021 By

Offshore processing doesn’t stop the boats, Australian experts warn

Sending asylum seekers to have their claims processed “offshore” as a deterrent to boat arrivals doesn’t work, according to Australian experts examining their own country’s experience. A policy briefing by the Kaldor Centre at ...

17th August 2021 By

Deportation of father not “unduly harsh” on child in loving home

A Jamaican man who has been in the UK for over 20 years must be deported, the Court of Appeal has confirmed. The court held that Logan Reid, 51, had not established that his deportation would be “unduly harsh” on his teenage son, given the ...

10th August 2021 By

Good news for EU citizens making late applications for post-Brexit residence rights

EU citizens and their families who apply late to the EU Settlement Scheme will have their day-to-day rights protected while that application is considered, the Home Office has announced. The U-turn came in a press release on Friday evening, which says ...

9th August 2021 By

Help at hand for firms with no certificates of sponsorship

Some nice news for a Friday: in response to Steve Richard’s article on Wednesday drawing attention to problems with certificate of sponsorship allocations, the Home Office now seems to be offering a solution. To recap, some businesses that assig ...

6th August 2021 By

Dependent children to be treated as having made their own asylum claim

In paragraph 121 of the Supreme Court’s decision in G v G [2021] UKSC 9, decided in March 2021, Lord Stephens held: a child named as a dependant on the parent’s asylum application and who has not made a separate request for international prote ...

5th August 2021 By

UK refugee resettlement doesn’t discriminate against Christians

In R (HNA) v Secretary of State for the Home Department [2021] EWHC 2100 (Admin), the High Court has rejected an argument that the UK’s refugee resettlement efforts discriminate against Christians in the Middle East.  The claimant HNA is a form ...

4th August 2021 By

No-notice citizenship deprivation ruled unlawful

A few years ago we reported on new regulations allowing the Home Office to give someone notice that their British citizenship was being taken away by email — or by simply placing a letter on file. In R (D4) v Secretary of State for the Home Depa ...

2nd August 2021 By

Systems failure denied immigration detainee his HIV meds, judge finds

The Home Office has been found in breach of its legal duty to protect HIV patients in its custody after officials left a Congolese man without his daily medication for several days. In what Mr Justice Bourne described as an “unedifying” sp ...

2nd August 2021 By

UK government promises new “high potential” visa with no job offer required

“High potential individuals” will in future be able to come to the UK to work without a job offer, the government has announced. The move, building on previous promises to provide an unsponsored work route under the Points Based Immigratio ...

23rd July 2021 By

Asylum camp staff were working illegally, inspectors say

It’s not the most damning part of yesterday’s inspection report on the asylum seeker camp at Napier barracks, but it’s certainly the most ironic. Some of the staff charged with running the camp were themselves migrants working in br ...

23rd July 2021 By

Podcast: five things you may have missed in the Borders Bill

The Nationality and Borders Bill 2021 looks set to sail through Parliament, passing its second reading stage in the House of Commons this week by 101 votes. The headline provisions of the Bill are by now well known — indeed, notorious — so ...

23rd July 2021 By

Judicial Review Bill to abolish most Cart cases

The Judicial Review and Courts Bill 2021, published yesterday, will mostly abolish the right of migrants to apply to the High Court to have an appeal reopened if rejected by both chambers of the immigration tribunal. This is the process known to lawye ...

22nd July 2021 By

Praise for immigration removal centres in inspector’s annual report

The UK’s immigration removal centres did reasonably well during the coronavirus pandemic, the prisons inspector has found. The annual report of HM Inspectorate of Prisons, the remit of which includes removal centres, is broadly positive about th ...

21st July 2021 By

Briefing: the Nationality and Borders Bill, Part 5

We round off our coverage of the Nationality and Borders Bill, the second reading of which continues today, with Part 5. This consists of eight “miscellaneous” clauses. Four of them are what the House of Commons Library describes as “placeholder ...

20th July 2021 By

Half of all Investor visa holders are being investigated, report claims

Half of all Tier 1 (Investor) visas ever issued are being reviewed on national security grounds, according to an anti-corruption charity.  A new briefing by Spotlight on Corruption says that over 6,300 Investor visa grants between 2008 and 2015 ̵ ...

12th July 2021 By

Court orders asylum seeker brought back to UK after screening interview failures

We’re late to this judgment, published on the same day as the Borders Bill, but it’s already been well covered by Matrix Chambers and The Guardian. The latter’s headline: Judge tells Priti Patel to bring asylum seeker back to UK. The ...

9th July 2021 By

Whatever happened to the New Plan for Immigration “consultation”?

Yesterday’s Nationality and Borders Bill gives legislative expression to a set of government policies branded “New Plan for Immigration”. A consultation on the New Plan for Immigration ran from 24 March to 6 May 2021. There was a hug ...

7th July 2021 By

Parts of Home Office policy on Dublin III family reunion declared unlawful

Hundreds of refugee children denied reunion with family in the UK may be able to challenge that decision following a ruling that Home Office policy on “Dublin III” transfers is in part unlawful. The case is R (Safe Passage International) v ...

5th July 2021 By

Borders Bill to make asylum seeking a crime

“Illegal immigration to be turned into a criminal offence in landmark borders bill”, the Sunday Express reports. The idea that unauthorised immigration is insufficiently criminalised will surprise legislators who have spent much of the pas ...

5th July 2021 By