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...
We are a bit behind the times this month, catching up from the summer. This time Sonia and I cover not one but two statements of changes, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a load...
A new statement of changes has been published along with the explanatory memorandum and a written statement from the immigration minister. The biggest change is the removal of administrative review from decisions made under the EU Settlement Scheme. Many of the changes are minor technical or drafting changes. It is...
This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are fairly straightforward and simple for children and partners who existed at the time the refugee fled their country of origin. These...
Page contentsRe-applyAppealOnlinePaperGrounds of appeal Re-apply Sometimes a refusal is right and the applicant does not have a right of residence or permanent residence, or perhaps does not currently have evidence to prove their case. Sometimes it is better to accept the decision and look for a different way forward or...
When someone is granted protection status in the UK, they may be able to sponsor family members to join them. This is often referred to as “refugee family reunion.” There are special rules that refugee family members benefit from which are set out in Appendix Family Reunion (Protection) of the Immigration Rules....
The Office of the Immigration Services Commissioner (OISC), which regulates immigration advisers who are not practicing solicitors, barristers or Chartered Legal Executives, is consulting on a new code of standards. The OISC was brought into being by the Immigration and Asylum Act 1999 at the same time that a new criminal...
Making a mistake on an immigration application form can be disastrous. If the mistake is interpreted by officials as an attempt to mislead or deceive, the application may be refused. If the application was for entry clearance, it can also lead to a ten-year ban on re-entry to the UK....
The UK Expansion Worker visa is part of the Global Business Mobility route. It enables overseas businesses seeking to expand into the UK to temporarily assign senior managers and specialist employees, including business owners, to the UK to establish a British operation. Opening on 11 April 2022, it replaced the...
Today is the latest publication of quarterly statistics on various parts of the immigration and asylum system, covering the period April to June 2023. The Home Office summary page is here but in my view their summaries should be used with some caution depending on what you are looking for....
Before you send off your application to raise your level, you must have prepared for the assessment. This is because once the OISC authorisation team are satisfied they have all of the documents they need from you, you will be scheduled to take the assessment on the next available date....
Page contentsWhat can you do at level 2?Competence requirementsKnowledgeSkills and aptitudesApplication process What can you do at level 2? Being qualified at OISC level 2 means you can undertake more complex casework. You will either be registered in the immigration category, the asylum category, or both, depending on the outcome...
Those who do not have a right of appeal, might seek to challenge or have a refusal reconsidered in other ways. Page contentsAdministrative reviewReconsideration requestsComplaintsParliamentary Ombudsman Administrative review An administrative review is an internal review process within the Home Office. An administrative review may succeed if the applicant can show...
The Immigration Rules are widely considered to be inflexible and unforgiving — qualities that often result in harsh outcomes for individual migrants. For many people, complying with the onerous requirements of the Rules is not even an option. Some people who wish to enter or stay in the UK simply do...
Page contentsOverviewValiditySuitabilityQualifying periods of residence for first grant of leaveContinuous residenceIntegrationGrants of leave and settlementAdultsYoung adultsChildren under 18 – born outside the UKChildren aged 7-18 – born in the UKChildren born in the UK to a parent on the private life route Overview In June 2022, Appendix Private Life was...
Article 8 family life cases outside the Rules are for people with family in the UK who cannot meet the normal requirements under Appendix FM for a family visa. Categorising this basis of application as “outside the Rules” is somewhat inaccurate. Appendix FM of the Immigration Rules has, in effect, codified...
