Free Movement Weekly Immigration Newsletter #49

Welcome to the weekly Free Movement newsletter!

Statements by UNHCR and ECRE are both must reads in relation to the pause on Syrian asylum claims. A pause seems sensible to me and could be beneficial to those where proceeding with the claim now may otherwise result in a refusal. Many Syrian asylum claims are based on opposition to Assad and his government, which no longer exists. If decisions were made now on those claims it seems entirely possible that they could be refused, not least because of the poor quality of decision making within the Home Office.

If I had a Syrian client who was seeking asylum, I would certainly want some time to take instructions from my client, consider how and to what extent the claim may need to be reformulated, and provide whatever supporting objective evidence is currently available. The important points are that the pause does not last longer than absolutely necessary, and that returns remain off the table.

Last week the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment reported on its visit to Italy earlier this year, which included raising concerns about “the widespread practice of the administration of unprescribed psychotropic drugs diluted in water to foreign nationals” which can create dependency and a withdrawal risk. Paragraph 25 of the report notes that the delegation saw people showing signs of over medication as well as seeing people screaming and asking for the drugs to be given to them. The drugs were apparently being used to keep people in detention calm. Needless to say, the Committee raised concerns that this treatment amounts to inhuman and degrading treatment.

On Free Movement, we published this useful summary of what has been going on with the policy on granting leave to survivors of trafficking and an update to our article on in country fee waivers. The ICIBI report on the immigration enforcement competent authority has finally been published and the latest tribunal statistics are out.

It’s almost the end of the year, so there have been a rush of judgments out. Those include a successful and an unsuccessful judicial review relating to Afghan family reunions, as well as this Court of Appeal decision on dependency requirements under the EU Settlement Scheme for a child over 21. Also, the excellent The Unity Project has a vacancy for a Legal Casework Manager – do take a look.

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

Cheers, Sonia

What we’re reading

 From documentation to computation: the shifting logic of UK border control – Migration Mobilities Bristol, 9 December

Unregulated adviser sentenced for providing unlawful services – Office for the Immigration Services Commissioner, 9 December

Asylum seekers to be housed in disused care homes and student digs – The Guardian, 11 December

Ready, Willing and Able: Latest report sets out how access to work prevents re-exploitation – Kalayaan, 11 December

EU’s biometric Entry/Exit border system set to launch in 2025: Who’ll need to use it? – Euronews, 10 December

Lonely graves, scattered bones: the stark reality of one of the most overlooked and fastest-growing migration routes – The Guardian, 10 December

Husband and wife to be forced apart by Home Office deportation flight – The Guardian, 9 December

‘How am I going to get such money to see my kids?’ – BBC News, 15 December

British Sikhs being asked about views on India at UK airports, says Labour MP – The Guardian, 15 December

Deportations reach five-year high despite concerns of rights groups – The Guardian, 15 December