Free Movement Weekly Immigration Newsletter #47

Welcome to the weekly Free Movement newsletter!

Okay, it’s a Monday, so let’s do the good news first. Bibby Stockholm is empty. Friday was the deadline for the Lord Chancellor to make an announcement on legal aid fees for immigration and asylum work, following the settlement of Duncan Lewis’ judicial review in September. A fairly considerable increase on the current rates has been proposed, but it should be pointed out that even such a large increase would still only take the sector to around £65/£69 an hour which is not going to build capacity. Timescales also remain unclear in circumstances where immediate action is needed if the government actually wants to tackle the backlog of asylum claims.

When I first glanced as this I thought it was a Labour attack ad, but no they are bragging about carrying out three of the largest removal flights from the UK ever. It is worth unpacking exactly what they are so proud of. The Observer had more details, including that all three flights were to Brazil and that 109 of the 629 people removed were children. One family returned was a woman fleeing domestic violence who has two children, including one who is disabled with special needs and was presumably in school in the UK.

These were apparently all “voluntary returns” but again this is where the legal aid crisis bites. The woman mentioned had her application under the domestic violence concession refused, it is unclear whether she had a solicitor. I have seen an asylum claim by a gay Brazilian man without a lawyer rejected and certified on the grounds that Brazil was safe, depriving him of the right of appeal (this was sorted by judicial review, how many on those planes were less fortunate?). Even so called voluntary removals cannot be considered fair or safe in these circumstances, where the ability of people to get proper legal advice and assistance to put their cases forward is so limited.

On Free Movement last week, there’s nothing quite like a surprise statement of changes to ruin my carefully planned day. Just over two years after Colombia was removed from the list of countries whose visitors to the UK must apply in advance, they were added back to Appendix Visa National. The move was apparently opposed by four other government departments. Colombia swifty responded, threatening to impose the same requirements on British citizens.

The excitement didn’t stop there as it was also the latest quarterly statistics release for immigration and asylum last week. I didn’t touch the ONS stats that were out on the same day because they seem to be a bit of a moveable feast, anyone interested in those should read this from Migration Observatory instead.

For anyone yet to take the Law Society’s reaccreditation assessment, we have pulled together some practice multiple choice questions which, although different to the format of questions in the assessment, will be helpful in identifying any areas where people may need to go and do a bit more revising.  

Elsewhere on the blog, we have highlighted again the incompatibility of the hostile environment with the eVisa system (there was also more coverage in the Guardian of the shambolic roll out). We also had a couple of case updates, firstly the latest loss by the Home Office on its “no recourse to public funds” policy and then a write up of a recent case in the ECtHR on the use of the discretion test in a case involving a gay Iranian man seeking asylum in Switzerland. Oh, and this one by Alex was a big hit!

For everything else on Free Movement and elsewhere in the past week, read on.

Cheers, Sonia

What we’re reading

Practical Guide on applicants with diverse sexual orientations, gender identities, gender expressions and sex characteristics – European Union Agency for Asylum, November

UK/Iraq border security pact to target smuggling gangs – GOV.UK, 28 November

Girl, two, who drowned in bin in London was failed by council, coroner finds – The Guardian, 29 November

‘We can live or die, but we are going to the UK’: the Calais refugees clinging desperately to a dream – The Guardian, 29 November

Ready, Willing and Able: Latest report sets out how access to work facilitates recovery for slavery survivors – Kalayaan, 26 November

Seven-year ban for director of Turkish restaurant who hired illegal workers – GOV.UK, 26 November

New Briefing: The impact of the Rwanda detentions on communities in Greater Manchester – Greater Manchester Immigration Aid Unit, 26 November

Australia’s immigration regime is violent and cruel. Labor’s rushed bills will devastate traumatised people – The Guardian, 29 November

ASF17 v Commonwealth and the illusion of choice – Australian Public Law, 28 November