Free Movement Weekly Immigration Newsletter #39

Welcome to the weekly Free Movement newsletter!

I am away this week, so if anything big has happened since Thursday, that’s why it isn’t in here. 

The latest tribunal statistics are out and it continues to be bad news for a government which would really like to stop hearing the words “asylum backlog”. Last week someone tried to tell me that the solution was more judges (I say “tried” because they quickly stopped when seeing the look on my face). Judicial resource needs to be used effectively, and unless and until we have a properly funded and functioning legal aid system, judges are going to be spending an awful lot of their time helping appellants in person. Lawyers help the system to work more efficiently and faster, and so my argument remains that is the more sensible place to direct resources (I also have no problem with both just to be clear, but more judges without more lawyers is simply a waste of resources in my opinion).

A lot of these cases are going to start heading for the Upper Tribunal at some point, anecdotally it seems that this may have already started. Things are only going to get considerably messier unless some serious investment in made in legal aid, and quickly. The government has given itself a timetable that is speedy in some respects, but there really isn’t even that much time to waste if they want to get a handle on this situation before it gets even more out of control. 

In other news, the Independent Chief Inspector of Borders and Immigration has extended the deadline for the call for evidence for the inspection of Home Office management of contact with migrants who are without leave to enter or remain. The new deadline is 21 October 2024 and feedback on reporting as well as issues with receipt of Home Office letters (and the associated consequences of non-receipt, for example withdrawal of asylum claims) will be of particular importance, so anyone with relevant evidence should respond.

On Free Movement last week, we had a really useful write up by Nick O’Loughnan and Barry O’Leary looking at what can be done to try to ensure that people applying to come to the UK based on a same sex relationship are kept safe when applying in countries where it is unsafe to be in such a relationship.

Joanna Hunt and a couple of her employment law colleagues have taken a look at the potential equal pay implications of the new skilled worker salary thresholds. The latest podcast is also out, where Barry and I take a look at all things September, including a detailed summary of the latest statement of changes.

On the training front, we have just added another of my advanced workshops on change of conditions applications, these are small interactive classes that tend to sell out quickly. We have also added more OISC live training sessions for 2025 and those are also already filling up. 

For everything else on the blog and elsewhere, read on.

Cheers, Sonia

What we’re reading

New report: Can asylum processing be fast and fair? – Colin’s Substack, 2 October

Record number of homeless families living in temporary accommodation – Independent, 3 October

UK will give sovereignty of Chagos Islands to Mauritius – BBC News, 3 October

Revealed: Anti-immigrant laws leave 1,000s unable to claim asylum – openDemocracy, 2 October

My family has waited five years for an asylum decision. Here’s how it strips your dignity – Big Issue, 28 September

McDonald’s and supermarkets failed to spot slavery – BBC News, 30 September

Oldest asylum claim is nearly 17 years old, Home Office records show – Independent, 2 October

A college that offers teenage refugees a comprehensive education – The Guardian, 30 September