£17,500 awarded for 40 days of unlawful detention during the pandemic
12 July 2022
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In R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183 (Admin), the High Court has ordered the Home Office to pay
In R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183 (Admin), the High Court has ordered the Home Office to pay
Immigration appeals decided without a hearing under the Upper Tribunal’s notorious COVID-19 guidance don’t automatically fall to be set aside, the Court of Appeal has
The regulations on student finance in England list different categories of people who are eligible for student loans. One category is people who are “settled”
At the outset of the pandemic, on 23 March 2021, Upper Tribunal President Lane issued guidance for making deciding immigration appeals “on the papers”, without
Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance.
On 10 September 2021 the Home Office published a statement of changes to the Immigration Rules (HC 617). It is 183 pages long and makes
This is where we keep tabs on changes to UK immigration laws, rules and procedures brought on by the coronavirus pandemic. We’ve been trying to
The High Court has overturned a tribunal judgment that had instructed the Home Office to house refused asylum seekers until lockdown restrictions end. The decision
On 15 December 2020 the Home Office published a short guidance document covering absences from the UK connected to COVID-19. It applies to EEA citizens
UK Visas and Immigration (UKVI) has confirmed that with lockdown easing, it is resuming sponsor licence compliance visits. Initial visits will be focused on organisations
Barred from working and mainstream benefits, for many in the asylum system their only option for money and shelter is by requesting support from the
With travel bans from so-called “red list” countries, the suspension of travel corridors and today’s long-awaited introduction of compulsory hotel quarantine, those already holding or
In the case of Mahboubian v Secretary of State for the Home Department [2020] EWHC 3289 (Admin), the High Court decided that the Home Office
2020 has presented huge challenges for people trying to navigate the immigration system, for immigration advisers trying to support them, and for the Home Office
The High Court has declared that the arrangements for dealing with Upper Tribunal immigration appeals during the coronavirus pandemic are unlawful. Mr Justice Fordham held
There is a high risk of a coronavirus outbreak at a military camp being used to house asylum seekers, local health authorities say. Hywel Dda
In a bid to slow the surge in COVID-19 cases, Prime Minister Boris Johnson last night set out new restrictions in England which range from
As the immigration tribunal begins to reopen and cases are listed for what have become known as face-to-face hearings, lawyers, clients, witnesses and supporters, and any other
Like many other jurisdictions, the First-tier Tribunal (Immigration and Asylum Chamber) has been forced to change how it works as a result of the COVID-19
A recent report on the disproportionate impact of COVID-19 on Black, Asian and Minority Ethnic (BAME) people in Wales has urged the Welsh government to lobby
If you’ve been struggling to keep up with the avalanche of immigration news and Home Office U-turns since lockdown began, you’re not alone. I’ve thrown
A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking
With the UK still reeling from COVID-19, a mega recession looms. The statistics are sobering; 8 million workers on the government furlough scheme, 2.6 million
Immigration lawyers are warning that changes to legal aid for appeals lodged online during the coronavirus pandemic “will do irreparable harm”. The Immigration Law Practitioners’
The Home Office tried to put pressure on judges to stop releasing migrants from immigration detention, it has emerged. An official letter from the department
More on the mysterious legal power that the Home Secretary claims to have to grant automatic visa extensions to foreign NHS workers. Asked about the
The Home Office response to the coronavirus crisis has been hesitant at best. To the credit of the department, it has on the whole acted
The Home Office evicted an asylum seeker with mental health problems and symptoms of COIVD-19, leaving him on the streets for over a week, it
In countless Home Office decisions, and in judgments at all levels of the courts system, separation of family members for immigration reasons is – at
Business continues as normal at Free Movement. Our product is exclusively an online one, we are used to working remotely and we have contingency plans
With international travel closing down due to the coronavirus it is becoming not just unwise but impossible to move from some countries to others. Even
In R (Abulbakr) v Secretary of State for the Home Department [2022] EWHC 1183 (Admin), the High Court has ordered the Home Office to pay a detainee £17,500 for 40 days of unlawful detention caused by unreasonable delay in providing a release address. The figure is high for the length...
Immigration appeals decided without a hearing under the Upper Tribunal’s notorious COVID-19 guidance don’t automatically fall to be set aside, the Court of Appeal has held in Hussain and another v Secretary of State for the Home Department [2022] EWCA Civ 145. In so finding, the court confirmed the reasoning...
The regulations on student finance in England list different categories of people who are eligible for student loans. One category is people who are “settled” in the UK on the first day of the first academic year of their course. To be settled in immigration terms, you generally need to...
At the outset of the pandemic, on 23 March 2021, Upper Tribunal President Lane issued guidance for making deciding immigration appeals “on the papers”, without an oral hearing. As all immigration practitioners know, oral hearings are essential for appellants to put their case properly and having the decision made on...
Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance. They will now form part of the Immigration Rules. In immigration law, a concession is a policy operated by the Home Office that is more...
This is where we keep tabs on changes to UK immigration laws, rules and procedures brought on by the coronavirus pandemic. We’ve been trying to keep this post continually up to date rather than covering new coronavirus developments as separate blog posts that may become rapidly out of date. Material...
The High Court has overturned a tribunal judgment that had instructed the Home Office to house refused asylum seekers until lockdown restrictions end. The decision in R (Secretary of State for the Home Department) v First-tier Tribunal (Social Entitlement Chamber) [2021] EWHC 1690 (Admin) is said to affect at least...
On 15 December 2020 the Home Office published a short guidance document covering absences from the UK connected to COVID-19. It applies to EEA citizens and their family members who have settled or pre-settled status under the EU Settlement Scheme, or those who are eligible but haven’t applied yet. That...
UK Visas and Immigration (UKVI) has confirmed that with lockdown easing, it is resuming sponsor licence compliance visits. Initial visits will be focused on organisations that have a pending sponsor licence application. Confirming the resumption of visits in a recent message on the Sponsorship Management System, UKVI was keen to...
Barred from working and mainstream benefits, for many in the asylum system their only option for money and shelter is by requesting support from the Home Office. A year into the pandemic, the asylum support system has seen significant changes. This article tries to outline just a few of the...
With travel bans from so-called “red list” countries, the suspension of travel corridors and today’s long-awaited introduction of compulsory hotel quarantine, those already holding or who have applied for UK visas will be concerned about how these measures may affect their visas and ability to travel to the UK. There...
In the case of Mahboubian v Secretary of State for the Home Department [2020] EWHC 3289 (Admin), the High Court decided that the Home Office couldn’t be held responsible for an eight-month delay in finding immigration bail accommodation for a high-risk offender. The court instead found that pandemic disruption was...
2020 has presented huge challenges for people trying to navigate the immigration system, for immigration advisers trying to support them, and for the Home Office and the courts. At Greater Manchester Immigration Aid Unit (GMIAU) we’ve analysed six immigration changes made because of COVID-19 that have proved beneficial for all...
The High Court has declared that the arrangements for dealing with Upper Tribunal immigration appeals during the coronavirus pandemic are unlawful. Mr Justice Fordham held that the President of the Upper Tribunal’s guidance leans too heavily in favour of deciding cases on the papers rather than having a hearing, a...
There is a high risk of a coronavirus outbreak at a military camp being used to house asylum seekers, local health authorities say. Hywel Dda University Health Board blames “inadequate facilities provided by the Home Office” at the Penally military training camp in south-west Wales, which was hastily converted for...
In a bid to slow the surge in COVID-19 cases, Prime Minister Boris Johnson last night set out new restrictions in England which range from the wearing of masks by shop workers to limits on the number of people attending weddings. These measures come hard on the heels of a...
As the immigration tribunal begins to reopen and cases are listed for what have become known as face-to-face hearings, lawyers, clients, witnesses and supporters, and any other court user, will need to know what to expect. Local practices may vary and having attended a handful of such hearings at the...
Like many other jurisdictions, the First-tier Tribunal (Immigration and Asylum Chamber) has been forced to change how it works as a result of the COVID-19 pandemic. First, HM Courts and Tribunals Service made expanded use of an online procedure which it was already piloting as part of ongoing digital reforms....
A recent report on the disproportionate impact of COVID-19 on Black, Asian and Minority Ethnic (BAME) people in Wales has urged the Welsh government to lobby the UK government to reduce visa costs, especially for those whose income is too low to sponsor their spouses or children. What is the...
If you’ve been struggling to keep up with the avalanche of immigration news and Home Office U-turns since lockdown began, you’re not alone. I’ve thrown together this immigration track and trace post to catalogue the major immigration law events of the pandemic so far, which includes some concessions that were...
A High Court judge has granted immigration bail to an Afghan detainee and made findings which will be helpful to those representing other detainees seeking release during the COVID-19 crisis. The short judgment in (R) Khan v SSHD CO/1366/2020 provides an example of how judges should proceed in light of...
With the UK still reeling from COVID-19, a mega recession looms. The statistics are sobering; 8 million workers on the government furlough scheme, 2.6 million claims for Universal Credit since the lockdown began and the economy already suffering its biggest contraction since the financial crash in 2008. The economic outlook...
Immigration lawyers are warning that changes to legal aid for appeals lodged online during the coronavirus pandemic “will do irreparable harm”. The Immigration Law Practitioners’ Association (ILPA) says that adjustments to legal aid rates will deter lawyers from taking on the most complex cases and push already cash-strapped legal aid...
The Home Office tried to put pressure on judges to stop releasing migrants from immigration detention, it has emerged. An official letter from the department to a top immigration judge said that the Home Office was “somewhat surprised” that judges had agreed to release so many people on immigration bail...
More on the mysterious legal power that the Home Secretary claims to have to grant automatic visa extensions to foreign NHS workers. Asked about the legal basis for automatic extensions by MPs on the Home Affairs Committee this morning, Priti Patel said: Of course, as Home Secretary, I’m able to...
The Home Office response to the coronavirus crisis has been hesitant at best. To the credit of the department, it has on the whole acted to protect its own staff and the staff of some of its major contractors, albeit sometimes belatedly. Basic steps to reduce immediate contagion risk were...
In countless Home Office decisions, and in judgments at all levels of the courts system, separation of family members for immigration reasons is – at least in part – justified by the availability of “modern means of communication”. It is a phrase that has become almost invisible to immigration practitioners,...
Business continues as normal at Free Movement. Our product is exclusively an online one, we are used to working remotely and we have contingency plans in place if a staff member is ill or needs to care for family members. We will continue to bring you immigration news, comment and...
With international travel closing down due to the coronavirus it is becoming not just unwise but impossible to move from some countries to others. Even if inbound flights are not banned by a country, airlines are finding it increasingly difficult to keep flights going anyway. This raises the question of...
