Free Movement Weekly Immigration Newsletter #41

Welcome to the weekly Free Movement newsletter!

The government continues to reference Migration Advisory Committee advice in response to questions about expanding the right to work for those waiting for an asylum decision. As I have pointed out before, the committee has recommended that the right to work is not limited to roles on the shortage list. It is disingenuous to imply that the limitations on the right to work are being maintained because of the committee’s advice and the government should continue to be pressed on this point.

Last week the House of Lords debated the Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2024. In response to concerns raised by peers about the erosion of safeguards, the government reiterated its commitment to expand the use of detention and said that the adults at risk policy is currently under review, a process expected to be completed by Spring 2025. Two days after the debate, an inquest jury found that “multiple failings” at the detention centre where he was being held contributed to the death of Frank Ospina last year. 

Among the questions for the Secretary of State for the Home Department at Home Office orals today is one on whether she will consider removing Georgia from the list of safe countries for removals given the recent passage of legislation to severely restrict the right of LGBT+ people there. I wrote about this issue recently and it is good to see it being raised directly with the Home Secretary.

There are also two questions from Labour MPs on criminal gangs and Channel crossings for the Home Secretary today, but none on opening up alternatives to people, just days after a four month old Iraqi baby tragically lost his life attempting the journey with his parents. The House of Lords are trying to make some progress in this area, with the fifth private member’s bill on refugee family reunion since 2017 receiving its second reading last week.

On Free Movement, we have added some new webinars to our schedule for the rest of 2024, including one on bail applications that Colin will be presenting. Diana Baxter is doing a webinar on securing British citizenship for children and Joanna Hunt will take people through applying for a health and care visa. On Thursday this week Barry O’Leary is again running his extremely popular webinar on exceptional circumstances in family-based immigration applications. 

On the blog, we have an update from Nicole Masri and Carla Mirallas Martinez on what is happening with curtailment of pre-settled status granted under Appendix EU. We also published an incredibly useful article on which work routes can be used if a person wants to ultimately settle in the UK. There were also a few case write ups including a deportation appeal lost by the Home Secretary in the Court of Appeal, an unsuccessful delay challenge and a trafficking case in the European Court of Human Rights. 

For everything else on Free Movement and elsewhere, read on.

Cheers, Sonia

What we’re reading

Why I resigned – London Review of Books, 17 October

The asylum legal aid crisis is costing taxpayers more than you think. Here’s why – The Big Issue, 16 October

Home Office hires 200 staff to clear huge backlog of UK modern slavery cases – The Guardian, 18 October

The Border Crisis Won’t Be Solved at the Border – Texas Monthly, 14 October

Hundreds of Afghan soldiers to be allowed to relocate to UK after U-turn – BBC News, 14 October

Government has a unique opportunity to create a humane environment for those seeking asylum – Royal College of Psychiatrists, 14 October

Blow to Meloni’s Albania deal as court orders asylum seekers’ return to Italy – The Guardian, 18 October

Age assessments have huge consequences – Young Roots, 14 October

What happens after ‘modern slavery’ rescues? A case of rescued bonded labourers in ‘waiting’ in India – The Sociological Review, 16 October

Migrants in detention ‘faced month long wait for mental health assessments’ when man took his life – Liberty Investigates, 16 October

Has the UK fallen behind in the fight against modern slavery? – House of Lords Modern Slavery Act 2015 Committee, 16 October

Scabies, sexual harassment & racism: inside the UK’s asylum hotels – openDemocracy, 14 October