The Home Office has explained in newly published guidance ‘Asylum decision-making prioritisation‘ how they will decide the order for decision making of asylum claims. This provides some much-needed clarity to the process. As anyone working in the sector can tell you, there is no fixed timeframe for an asylum claim...
Some migrants can be accompanied or joined by their family members, such as a spouse or child. To check whether family members are eligible to join under a particular immigration category, you need to check that particularly category in the Immigration Rules. For most points-based routes, the requirements for family...
Page contentsChildrenBoth parents settled or BritishOne of the parents is not settled or BritishParent of a childAdult dependent relativesAdult relative of a UK sponsorDependencyLong term personal care to perform everyday tasksUnable to obtain the required level of care in the country where they are livingApplicants who cannot meet the requirements...
The Student and Child Student routes are generally used by education providers who want to offer international students a place to study in the UK. Education providers are typically universities and private colleges or schools. They must be registered as a licensed sponsor. Having a sponsor licence enables them to...
Visitors are those who come to the UK for a short time and intend to leave the UK at the end of their visit. Page contentsWhere to find law and policy on visitorsCategories of visitorsPeriods of leaveThe main requirements for visitorsAdditional requirements for certain standard visitorsChild visitorVisitors for private medical...
There are a lot of immigration-related criminal offences. The main offences are mostly contained in the Immigration Act 1971 as (heavily and repeatedly) amended but are sometimes set out in other immigration statutes. Some of the offences are very rarely, if ever, prosecuted. In this unit, we break down the various immigration...
There aren’t many books about immigration law in the United Kingdom so the publication of a new one should be regarded as something of an event. On top of that, it’s not often a book challenges your view of the concept of “law”. Professor Robert Thomas’ Administrative Law in Action:...
Page contentsContriving to frustrate the intentions of the Immigration RulesImmigration law breaches that might trigger refusalReceiving “services or support to which they were not entitled”Aggravating circumstancesDealing with refusalsHelpful casesPast breaches of immigration rules: re-entry bansWhat periods apply and when?When does the ban period start?When do re-entry bans not apply?Can entry...
Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Page contentsMandatory refusals for criminality/bad characterSerious harmPersistent offendersVisitorsAppendix FMOffences committed outside the UKExceptions to mandatory bansConviction for an offence not recognised in the UKDiscretionary grounds for refusalCharacter, conduct...
If, for example, a false document is submitted with an application, an applicant who is believed to have known that it was false will be accused of deliberately using deception. This has implications not just for their present application but also for any they might make in the future. There...
The grounds for refusal at Part 9 of the Immigration Rules enable, or even require, an immigration application which otherwise meets the requirements to be refused. In 2020, Part 9 of the Rules underwent a significant overhaul. Many of the old grounds for refusal have new names, but the old case law...
At least 51% of asylum applicants in England and Wales – 37,450 people – are now unable to find a legal aid lawyer. That is the deficit between the number of new legal aid cases opened (‘matters’) and the number of new applications for asylum. This analysis comes from Freedom...
UNHCR has published their recommendations on how the Illegal Migration Act 2023 should be implemented in order to bring it “closer to conformity with the UK’s international obligations”. UNHCR is explicit that its position remains that the core provisions of the Act are inconsistent with those obligations, however notes that...
Our September roundup is here, featuring the latest statement of changes and new parts of the Illegal Migration Act 2023 being brought into force. We also discuss the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines and have an impromptu book club. If you listen...
Last week, the Supreme Court heard an argument that the Rwanda policy breaches retained EU law, which the president Lord Reed described as a potential “knock out” blow in the Rwanda litigation. Under the Rwanda policy, asylum seekers arriving by small boat or other illegal clandestine means would be flown...
This month Sonia and Colin cover the latest statement of changes, new parts of the Illegal Migration Act 2023 being brought into force, the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines. If you would like to claim CPD points for reading the material and...
Anyone who is liable to detention may be granted immigration bail. They may be released or allowed to live outside of detention, subject to certain conditions. Bail is granted by either the Secretary of State or the First-tier Tribunal. The main difference is that the Secretary of State may grant...
Page contentsAssisting unlawful migrationFacilitating a breach of immigration lawHelping an asylum seeker enter the UKPiloting a rubber dinghy across the English ChannelFailure to comply with immigration controlThe 1971 Act offencesNon-cooperation with deportation or removalTraffickingUN definition of traffickingThe legislation in England and WalesThe legislation in Scotland and Northern IrelandEmployersDefinitionsSentencingLandlordsDefinitionsDefenceAgentsSentencing Assisting unlawful...
The grounds for refusal at Part 9 of the Immigration Rules enable, or even require, an immigration application which otherwise meets the requirements to be refused. In 2020, Part 9 of the Rules underwent a significant overhaul. Many of the old grounds for refusal have new names, but the old...
Only a relatively small number of failed asylum seekers who are appeal rights exhausted are forcibly removed. Government policy is to cut off their accommodation and support and hope that they leave the UK of their own volition. The reality is that some remain in the UK, and some of...
The Home Office has conceded the latest in an increasingly long line of cases challenging the operation of the no recourse to public funds policy. This challenge was to the refusal to lift the no recourse condition from a person with section 3C leave as a student dependant. The case...
Changes made by section 43 of the Nationality and Borders Act 2022 will have a wide-ranging effect on UK maritime sectors and risks some vessels unintentionally incurring illegal working fines. This is because the changes alter some long established and fundamental concepts of UK immigration law concerning what it means...
Last week, we at Safe Passage published our Routes to Safety report, which makes recommendations for a new compassionate and competent approach to dangerous journeys across the channel. Implementing our proposals could disrupt the smuggler’s business model, save lives and uphold the UK’s commitment to protect refugees. Safe routes work ...
Page contentsProcedural rigourDuty of candourClaimant’s duty of candourThe Hamid jurisdictionA continuing dutyDefendant’s duty of candour Procedural rigour In recent years the courts have highlighted the need for procedural rigour throughout all steps in judicial review proceedings (see, for example, R (Talpada) v Secretary of State for the Home Department [2018] EWCA Civ...
Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in primary legislation, the deportation of foreign criminals is in the public interest. The law in this area is rent through with politics, shifting relentlessly with...
Page contentsHigh Court or Upper Tribunal (IAC)Where to file a claimWorking with counselPracticalities of working with the courts and case managementDuty of inquiryClaim forms and statements of facts and groundsThe permission bundleService High Court or Upper Tribunal (IAC) Since 1 November 2013, most judicial reviews that concern immigration and asylum...
Page contentsProcedural rigourDuty of candourClaimant’s duty of candourThe Hamid jurisdictionA continuing dutyDefendant’s duty of candourEvidenceWitness evidenceExpert evidenceGrounds for judicial reviewIllegalityIrrationalityProcedural unfairnessDisproportionalityReview – rationality and proportionalityRemediesQuashing ordersProhibiting ordersMandatory ordersDeclarationsInjunctionsDamagesOuster clauses Procedural rigour In recent years the courts have highlighted the need for procedural rigour throughout all steps in judicial review proceedings...
Page contentsPart 54 of the Civil Procedure RulesAdministrative Court Judicial Review Guide 2023Guidance on preparation of electronic bundlesConstitutional and Administrative Law Bar Association (ALBA)Administrative Court Users’ Group Part 54 of the Civil Procedure Rules Judicial review claims are governed by part 54 of the Civil Procedure Rules. Part 54 is...
Judicial review is the primary mechanism for challenging the lawfulness of decisions made by public bodies. In recent years, it has been of ever increasing importance to immigration practitioners, due to restrictions on or outright removal of statutory appeal rights; and the expansion of hostile environment policies and powers affecting...
The Migration Advisory Committee has recommended that the shortage occupation list is abolished and that people in the asylum system with permission to work are allowed to work in any role. These are some of the recommendations in the full review of the shortage occupation list, published yesterday. The committee...
In this article we look at how foreign eSports (competitive video gaming) competitors can use the visitor route to participate in UK competitions and what the rules say about earning prize money. We also look at options for gamers looking to apply their trade in the UK on a long-term...
On the face of it, refugee status and humanitarian protection seem like two sides of the same coin. Both are a form of international protection granted to a person in need. Both result in a grant of five years’ permission to remain in the UK on a pathway to settlement...
Staff working at Brook House immigration removal centre were verbally and physically abusive towards the people who were detained, including the use of extremely racist language. There were 19 incidents of inhuman and degrading treatment of people at a single removal centre over a period of just five months. That...
The government has published the new application fees previously announced earlier this year. The statement describes the increase as being made “to pay for vital services and allow more funding to be prioritised for public sector pay rises”. The explanatory memorandum provides a bit more detail: “an increase of 15-20%...
The most recent Border Force People Survey reveals “a dissatisfied workforce which is a breeding ground for insider risk to grow and become insider acts, enabled by privileged access”. That is according to a new report from the Independent Chief Inspector for Borders and Immigration that looks at how internal...
Page contentsIntroductionDevelopment of British nationality lawPre 19491949 to 19831983 to 20222022 onwardsTypes of British nationality Introduction British citizenship can be acquired in three ways: There are many myths and misconceptions about British nationality law. Some of the most common ones are: I want to apply for my British passport. Non-British...
Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Those caught out by these rules over the years include former boxer Mike Tyson, Duane “Dog the Bounty Hunter” Chapman, Tyler, the Creator and perhaps OJ Simpson. By...
Rishi Sunak’s visit to Delhi for the G20 has prompted more reporting on the UK India free trade agreement, where negotiations have apparently been slowed down by Indian requests for more visas. I worked for the Home Office between 2003 and 2011 and as an Assistant Director covered policy relating...
This month Colin and Sonia cover two statements of changes to the Immigration Rules, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a number of cases, including one from the Supreme Court on Palestinian refugees. If you...
