Free Movement
By Free Movement
Free MovementJan 14, 2022
Immigration roundup: April 2024
In the April roundup Colin and Sonia cover the new Rwanda Act and the process for sending a person to Rwanda, challenges to the use of the inadmissibility process, the government's response to the increase in arrivals of Vietnamese nationals and the Independent Chief Inspector of Borders and Immigration's report into deprivation of British Citizenship.
We also look at cases including the man with indefinite leave to remain who has been prevented from returning to the UK for over 15 due to a Home Office error, a complex EU deportation decision, a case involving children separated from families during the evacuation of Kabul and many others.
The 48 minute podcast follows the running order below:
Asylum (00:20)
Briefing: Safety of Rwanda Act – what happens now?
How to get clients out of inadmissibility limbo and into the asylum system
Upper Tribunal gives guidance on assessing well-founded fear under the Nationality and Borders Act
Person with indefinite leave unable to return to the UK for over 15 years after Home Office mistake
Latest Home Office statistics show Vietnamese nationals are the government’s likely next target
Somali refugee’s conviction for possessing a false identity document quashed by Court of Appeal
Procedural fairness requires reasons to be given in Afghan resettlement refusals
Human rights (29:15)
Supreme Court finds no human right to legal status if it’s your own fault you can’t be removed
Deportation (35:57)
Court of Appeal dismisses appeal against deportation by woman who has lived in the UK since 1985
Upper Tribunal provides guidance on the deportation of EU nationals for pre-Brexit conduct
Citizenship (42:00)
OISC (44:42)
New OISC code of practice will take effect from 1 September 2024
EU (46:00)
Updated (46:50)
What are the financial requirements for UK spouse and partner visas?
Exceptional circumstances in a spouse or partner visa application under Appendix FM
Immigration roundup: March 2024
In the March roundup, Sonia and Colin discuss the latest with Albanian cases as uncovered in the Independent Chief Inspector of Borders and Immigration's report on asylum casework. We cover articles looking at recent changes to the Ukraine schemes, as well as a reminder of the existence of Hamid cases and how to avoid being on the receiving end of a telling off from the High Court. We also recap the recent telling off that Swift J gave the government legal department, changes to work routes, costs in SIAC reviews, GPS tagging, deportation of stateless people and much more!
The 32 minute podcast follows the running order below:
Asylum (00:32)
Asylum casework inspection report reveals mishandling of cases, secret ministerial directions
How to effectively represent Albanian people seeking asylum in an increasingly difficult environment
Procedural (08:40)
Two Hamid referrals made in asylum cases where out of hours injunctions were sought
Special Immigration Appeals Commission has the power to award costs in reviews
Points based system (12:40)
Statement of changes HC 590: salary thresholds increased, shortage occupation list gone
Changes to work visa routes from 4 April 2024 and what it means for employers
Detention (14:30)
Deportation (17:35)
Can a stateless person be subject to deportation proceedings?
EU Settlement Scheme (20:00)
Akinsanya latest: guidance on Zambrano carers found to be unlawful, Appendix EU unaffected
British Citizenship (22:10)
Appellant keeps British nationality after Court of Appeal overturns dishonesty finding
General immigration (24:40) More increases to application fees, including passports and Appendix FM
Immigration roundup: February 2024
Your February roundup is here as promised. Colin and Sonia discuss Shamima Begum's latest appeal, the pause on some asylum cases, a run of decisions involving poor conduct on the part of either the Tribunals or the Home Office, as well as corporate transactions, the sudden closure of the Ukraine Family scheme and much more.
The 35 minute podcast follows the running order below.
Asylum (00:25)
Number of asylum refusals and homeless refugees skyrocket in latest statistics
How the Nationality and Borders Act has criminalised those seeking safety in the UK
Briefing: Can criminals be denied refugee status?
Home Secretary confirms “pause” on processing asylum claims
Trafficking (07:45)
Risk of re-trafficking must be assessed before disqualification on public order grounds
Procedure (10:55)
Court of Appeal demolishes First-tier Tribunal in deportation appeal but upholds decision
Home Secretary’s “shockingly poor” handling of case did not amount to contempt of court
Judicial review no longer the appropriate remedy to challenge age assessments in Scotland
Points based system (19:45)
Briefing: the immigration implications of a corporate transaction
British citizenship (21:45)
Court of Appeal rejects Shamima Begum’s appeal against the deprivation of her British citizenship
Family immigration (26:05)
Statement of changes HC 556: Home Office shuts Ukraine Family Scheme without notice (and details of the webinar mentioned are here: https://freemovement.org.uk/product/webinar-immigration-options-for-ukrainian-nationals-and-their-family-members/)
How to apply for entry clearance for victims of transnational marriage abandonment
Changes to the Destitute Domestic Violence Concession
General (31:05)
What you need to know before buying a property in the United Kingdom
What are the UK’s inheritance tax rules?
Updated (32:20)
Applying for British citizenship by naturalisation
How to apply for leave to remain as a victim of domestic violence
What is the Immigration Health Surcharge and how much does it cost?
Immigration roundup: January 2024
Colin and Sonia have rounded up January 2024. We cover the government's claims to have cleared the 'legacy' asylum backlog and look at the three backlogs that have replaced it. We also discuss the latest in an increasingly long list of cases in which the Home Office has behaved poorly. We also cover everything else from gender based asylum claims, to new rules for business visitors and care homes both losing and keeping their sponsor licences, as well as an interesting case on detention and the Illegal Migration Act.
We conclude with an invite to former Independent Chief Inspector of Borders and Immigration and (hopefully not also former!) Free Movement podcast listener David Neal to join us on a future episode.
Asylum (00:26)
Reduction in asylum backlog achieved mainly through withdrawals and questionnaires
The inadmissibility process and the three new asylum backlogs
High Court reminder in age assessment challenge of the importance of providing papers on time
Briefing: evidence and arguments in asylum claims based on gender-based violence
CJEU: Women who are victims of gender-based violence can qualify for refugee status
Points based system (11:48)
High Court quashes Home Office decision to revoke another care home’s sponsor licence
Care home operator loses ability to sponsor overseas workers after compliance failures
More flexibility for business visitors from today
Dates confirmed for changes to income thresholds for family and skilled worker visas
Tax residence in the UK: when do people become liable for income and capital gains tax?
Appendix Children: which routes does it apply to and what are the requirements?
Detention (18:18)
High Court grants bail to person detained under new Illegal Migration Act powers
Family immigration (23:00)
How to avoid the minimum income requirement for partners under Appendix FM
Webinar: Exceptional circumstances in family-based immigration applications
EU Settlement Scheme (25:38)
Changes to treatment of some late applications to the EU Settlement Scheme in new guidance
Updated (27:45)
What are the immigration rules for settled returning residents of the United Kingdom?
Immigration roundup: December 2023
In our December 2023 round up, Colin and Sonia discuss the latest developments with Home Office evictions and withdrawals, as well as the new Rwanda legislation. We also cover the government's five point plan to reduce net migration as well as the latest case law and Tribunal statistics.
Asylum (01:00)
What is in the Safety of Rwanda (Asylum and Immigration) Bill?
“These guarantees already existed”: the UK’s new treaty with Rwanda
Home Secretary must set out plan to eliminate use of hotels for lone refugee children
Refugees can now claim Universal Credit without a biometric residence permit
Asylum withdrawals guidance amended to halve time given to explain non-attendance at interview
Family immigration (19:03)
Objective evidence must be considered when deciding “very significant obstacles” to integration
In-country settlement applications for children and the different sole responsibility requirements
What happens when relationships breakdown on the Hong Kong British National (Overseas) route?
General immigration (22:34)
Supreme Court dismisses appeals in validity and continuous residence case
Government attack on families as minimum income requirement to rise to £38,700
What should UK employers make of the government’s five-point plan to reduce immigration?
EU settlement scheme (31:45)
Article 8 not automatically engaged by a refusal under the EU settlement scheme
Citizenship (34:55)
Deprivation of British citizenship without advance notice is lawful, says Upper Tribunal
Procedure (36:55)
Court of Session agrees restricting judicial reviews of the Upper Tribunal is lawful
Outstanding immigration tribunal appeals up 20% to 31,000
Court of Appeal: raising an entirely new issue in a determination for the first time is unfair
Detention (40:32)
Home Office criticised by High Court for “five very concerning features” of detention case
Are safeguards from the harm caused by immigration detention working?
Updated articles (43:16)
What is the no recourse to public funds condition?
Free Movement (44:00)
New OISC Level 2 training course in immigration and asylum law now available to members
Immigration roundup: November 2023
Our November roundup is here, where Colin and I cover the latest asylum and trafficking statistics, changes to the way late applications to the EUSS are treated, questions the SRA still hasn't answered, a couple of articles on Palestinians as well as quite a lot of case law.
Policy (00:45)
Assessing Braverman’s legacy as Home Secretary: Part Deux
Asylum (02:10)
Briefing: four looming problems in the UK asylum system and how to address them
Permission granted in challenge to rejection of Albanian asylum claim
Returning a refugee to persecution must be a last resort
India and Georgia to be added to the list of ‘safe’ countries
Gaza: what is the UK doing to rescue British citizens and their family members?
Damages claim for asylum delay dismissed by Court of Appeal
Upper Tribunal failed to properly assess whether error of law was material in asylum appeal
Immigration (16:10)
Deception case returned to the Upper Tribunal after material error of law made
Making sense of sole responsibility for child visas in immigration law
Deportation (19:10)
Court of Appeal says deportation of mother of British child not “unduly harsh”
Nationality (20:45)
Court of Appeal dismisses appeal on interpretation of nationality law
Trafficking (21:55)
Latest trafficking figures show benefit of change in Home Office policy
The UK must improve labour market enforcement in order to tackle exploitation of workers
Increasing numbers of sponsored migrant workers are being exploited in the UK
EU Settlement Scheme (26:05)
Important changes to the way late EUSS applications are treated
Court of Appeal dismisses government appeal on access to benefits for people with pre settled status
Procedure (28:38)
How to become an OISC level 2 adviser
Government should not routinely remove names of civil servants in judicial review disclosure
Guidance in Begum on deprivation decisions is not restricted to national security cases
Late evidence from the Home Office can be admitted in an appeal where the appellant was aware of it
Updated article (34:30)
Briefing: Article 1D of the Refugee Convention and Palestinian refugees
Rwanda discussion and immigration roundup: October 2023
Our October immigration round up is here and we have also included discussion of the Supreme Court's decision in the Rwanda litigation. As well as that, Colin and Sonia covered everything from fishing to legal aid shortages via eSports, medico-legal reports, public funds and the shortage occupation list. We're still not entirely sure that either of us are pronouncing "refoulement" properly.
Timestamps are below, the link to the quiz will be included when we post about this episode on Free Movement. Rwanda (00:58)
Supreme Court finds Rwanda is not a safe country to which refugees can be removed Reflections on the Supreme Court's Rwanda judgment
Blog news (10:15)
Free Movement 2023 reader survey results
Asylum (12:55)
Over half the people seeking asylum are now unable to access a legal aid lawyer
Safe Passage report: the case for safe routes
What is a medico-legal report?
Medico-legal reports: how to instruct and common mistakes to avoid
New asylum processes set up on disputed territory of Diego Garcia
Court of Appeal gives guidance on sentencing for small boats prosecutions
Fairness in safe third country removals: the Court of Appeal’s judgment in Asylum Aid’s case
Policy (25:35)
Migration Advisory Committee recommends shortage occupation list is abolished
Immigration (28:54)
The effect of the Nationality and Borders Act 2022 on the fishing industry
Home Office concedes latest challenge to no recourse to public funds policy
Do foreign gamers need a visa to play competitive eSports in the UK?
TLScontact in unsuccessful challenge to new Home Office contract
Nationality (37:32)
Court of Appeal upholds deprivation of citizenship decision
Updated articles (38:55)
What are the 10 and 20 year rules on long residence?
Briefing: what is the law on deporting foreign criminals and their human rights?
Exploitation and the seasonal agricultural workers scheme
This week, The Bureau of Investigative Journalism published an article on the exploitation of people in the seasonal agricultural workers scheme. It is a must read, and you can find it here: https://www.thebureauinvestigates.com/stories/2023-10-22/all-that-is-missing-is-a-whip-home-office-ignored-migrant-worker-abuses-on-farms
In this podcast, Jamila Duncan-Bosu of the Anti-Trafficking and Labour Exploitation Unit discusses how the scheme facilitates exploitation, the barriers to people raising complaints about their treatment, and what the government can and should be doing about it.
Immigration roundup: September 2023
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. Timestamps are below, the link to the quiz will be included when we post about this episode on Free Movement.
Policy (00:40)
Home Office accounts show additional £3 billion unbudgeted asylum expenditure
Will the Illegal Migration Act stop the Home Office raid on international aid funds?
Theresa May even now doesn’t understand why the Windrush scandal happened
India Free Trade Agreement: negotiators should prioritise time and cost ahead of more visas
Asylum (07:50)
The Rwanda litigation: who is arguing what in the Supreme Court?
LGBT+ people face persecution and are no less deserving of protection
Age assessments: how to challenge a negative decision
Home Office to start non-therapeutic scientific testing on children
Safe routes for refugees: how does it work in Spain?
Court of Appeal quashes conviction of person trafficked in the UK as a child
Detention (21:00)
Illegal Migration Act 2023: expanded detention powers to be brought into force
Brook House: racist, violent and dangerous
Immigration (27:50)
Home Office redacts over a hundred sections of new report on insider threat to Border Force
New immigration application fees from 4 October 2023
New illegal working fines will not stop Channel crossings but will bankrupt small businesses
Updated articles (35:00)
How to apply for a UK spouse or partner visa
Refugee family reunion: a user’s guide
General grounds for refusal: criminal convictions, public good, character, conduct and associations
Immigration rules for visitors to the United Kingdom
What is the difference between refugee status and humanitarian protection?
Immigration roundup: August 2023
Here is our August roundup, and the first podcast with Sonia both leading and at the editing helm (eek!). This month we cover statistics, illegal working fines, asylum support, homeless refugees, adult dependent relatives and some EUSS updates.
Following feedback from our reader survey, we have included timestamps below. We will also link directly to the quiz when we post on Free Movement about the podcast.
Policy (01:00)
Journalists perform a public service in exposing dodgy lawyers. But…
Twitter, Musk’s X, Threads, social media and Free Movement
Look closer: our summary of the latest Home Office statistics
Tripling maximum illegal working fines for employers to £45k per worker is a terrible idea
Asylum (10:14)
Home Office change in practice increases risk of homelessness for recognised refugees
More delays, more refusals, no ‘bad faith’: the latest trafficking statistics
What next for evacuated Sudanese nationals?
Is the Home Office unlawfully treating asylum claims as withdrawn?
High Court demands radical change to Home Office asylum support
‘Systematic and routine’ use of hotels for unaccompanied asylum-seeking children is unlawful
Family (26:00)
Getting an adult dependent relative visa is hard but not impossible
EU (28:29)
Who qualifies as a “durable partner” under the EU Settlement Scheme?
Post-Brexit spouses aren’t protected by the Withdrawal Agreement, Court of Appeal confirms
Work routes (30:00)
What is the immigration skills charge?
How to apply for a religious work visa
Immigration (31:30)
No Windrush compensation for man whose ILR lapsed while imprisoned abroad
How do I become an OISC adviser?
Updated articles (35:50)
General grounds for refusal: alleged deception, false information and innocent mistakes
How to apply for a UK Expansion Worker visa
What are the financial requirements for UK spouse and partner visas?
Immigration roundup: July 2023
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 of cases, including one from the Supreme Court on Palestinian refugees.
Statement of changes
Statement of changes HC 1496: asylum, EU Settlement Scheme, and restrictions on students
Asylum
The Illegal Migration Act 2023: what has changed?
Briefing: why and how is the Home Office treating more asylum claims as “withdrawn”?
What safe and legal routes are available for refugees to come to the United Kingdom?
OISC
OISC amends judicial review practice note to prevent advisers conducting litigation
EU
New law confirms British citizenship for children of EU citizens born in UK before 2 October 2000
How does absence from the UK work under the EU settlement scheme?
A glitch or a feature? Systemic problems with digital proof of immigration status
Immigration
Massive increases to immigration fees announced
Briefing: the rules on returning residents with indefinite leave to remain (ILR)
Points Based System
How to apply for a Global Business Mobility: Secondment Worker visa
Cases
Supreme Court finds exclusion of Palestinians from resettlement scheme not unlawful
Asylum seekers don’t need ‘direct evidence’ they’re being covertly monitored
‘Minded to cancel’ process applies to dishonesty allegations at the UK border
Airport detainee wrongly denied a solicitor in immigration interview
Upper Tribunal reminds parties to identify the issues in an appeal
High Court rejects challenge to EU Settlement Scheme dependency rules for children
Upper Tribunal rules post-Brexit Zambrano appeals can continue
Home Office withdraws objective evidence test for trafficking decisions
Immigration roundup: June 2023
This month Sonia and I discuss the Rwanda judgment (we're saving that to the end as our good news story), a couple of fairly lengthy immigration and asylum history blog posts I've been working on for a while, several asylum developments and also our Refugee Week content, some procedural updates, a bunch (carousel?) of cases and a few other things too. There's quite a lot to go over, so we're just highlighting some of it rather than going into much depth.
The podcast follows the running order below.
A short guide to the legal position and history of the Windrush generation
A short history of refugees coming to Britain: from Huguenots to Ukrainians
Data shows Ukrainians in the UK continue to face homelessness crisis
Is Rishi Sunak’s “Stop The Boats” plan really working?
Rwanda impact assessment looks hopelessly optimistic
United Nations Refugee Agency identifies problems in asylum screening processes
Briefing: the state of the UK asylum system
What is the legal definition of a “refugee”?
Should refugees claim asylum in the first safe country they reach?
Preparing foreign language witness statements
So-called mandatory grounds for refusal will not always be mandatory
Briefing: the Seasonal Worker visa
Reaction economy: the Home Office’s use of social media
Will I need Electronic Travel Authorisation to enter the UK?
Briefing: what is the Common Travel Area and how does it work?
New country guidance on Democratic Republic of the Congo
Scottish inquiry finds immigration detention centre death was avoidable
Supreme Court finds golden visa scheme unlawful
Trafficking victims wrongly denied financial support in lockdown
Court declines to take legal guardianship of refugee children missing from hotels
Court of Appeal finds Rwanda plan unlawful as Rwanda is not a safe third country
Immigration roundup: May 2023
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Immigration roundup: April 2023
This month we talk more about the Illegal Migration Bill and its potential consequences, the right way to go about tackling the asylum backlog, Colin's suggestion of a new British Citizenship Act, the resumption of hostile environment bank account closures, we run through a load of cases and end by talking about some business immigration issues.
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The podcast follows the running order below.
How does the Illegal Migration Bill breach the Refugee Convention?
Illegal Migration Bill: helping force refugees into illegality and danger
Could ‘safe and legal routes’ stop the boats?
If the Illegal Migration Bill is unworkable, what can the government do instead?
Amendments to the Illegal Migration Bill attack basic legal rights and processes
Two ways to address the asylum backlog and improve access to justice
It is time for a new British Citizenship Act for the post-Brexit era
Home Office resume bank account closures
High Court rejects challenge by Afghan families to hotel move
High Court dismisses challenge to family reunion rules for refugee children
Judicial Review and Courts Act 2022 ouster clause found effective
Exceptional circumstances in a spouse or partner visa application under Appendix FM
How to apply for a Senior or Specialist Worker visa
Immigration roundup: March 2023
For this month's roundup podcast, Sonia and I manage to rattle through a huge volume of updates in a mere 36 minutes. We cover a load of cases, some important asylum policy updates and then several developments in immigration law as well. We're sorry it is a little later than usual; the Easter holidays intervened. And I am sorry if you can hear scaffolders poles bouncing off the pavement outside the block of flats opposite my house...
If you are a lawyer and would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here.
The 30-minute podcast follows the running order below.
Permission granted on additional grounds in the Rwanda case in the Court of Appeal
Court of Appeal emphasises absence of corroboration is not fatal in asylum cases
Court of Appeal dismisses appeal against criminalising small boat arrivals
Legal challenges against GPS tagging for people on immigration bail
High Court considers how the loss of work may engage article 8
No recourse to public funds policy found unlawful (again)
“High hurdle” for hotel accommodation challenges?
Refusals of naturalisation on good character grounds can only be challenged by irrationality
Amended data protection exemption for migrants declared unlawful
UK spends one third of international aid budget on domestic asylum costs
Are the new asylum questionnaires fit for purpose?
Assisting with the new asylum questionnaires: OISC Level 1 caseworkers and volunteers
Home Office publishes guidance on streamlined asylum processing for children
Home Office’s approach to family reunion applications condemned by immigration inspector
Borders Inspector “frustrated” by lack of action from Home Office
New statement of changes to the Immigration Rules HC1160
Spring budget migration announcements
New ‘Appendix Adult Dependent Relative’ to the immigration rules
Podcast special: the Illegal Migration Bill
Colin Yeo and Sonia Lenegan discuss the Illegal Migration Bill. They talk through what is in it, what will it do, how is it intended to work, whether it is compatible with international law and what effects it might have in reality.
Immigration roundup: February 2023
This month Sonia and I talk a bit about denaturalisation generally and the case of Shamima Begum specifically, we cover the new streamlined asylum process and a few other asylum-related blog posts and then we run through a few cases. We manage to keep things a bit shorter than normal, but watch out for our coverage of the Illegal Migration Bill, which will be available separately.
The 30-minute podcast follows the running order below.
Denaturalisation
Security tribunal finds Shamima Begum was trafficked but she loses anyway
Book review: Stephanie DeGooyer’s Before Borders: A legal and literary history of naturalization
Bad cases make bad law: the unintended consequences of denaturalising bad guys
Deception and denaturalisation: seek and you shall find
Asylum
Latest asylum stats show the Home Office failing on all fronts
New streamlined asylum process
Does 10 year ‘temporary refugee protection’ status breach of the Refugee Convention?
New policy: temporary permission to stay for victims of human trafficking
Trafficking victims should get leave during their asylum claim
Cases
Immigration officers don’t have to corroborate your story
No damages for unlawful no recourse to public funds policy
Differential treatment of Ukrainian and Afghan applications justified on national security grounds
Not all procedural errors need to be remitted says Upper Tribunal
More bad news from the Upper Tribunal for extended family members of EU citizens
Immigration round up: January 2023
This month Sonia and I talk through various government policies all about being horrible to migrants. It's a seemingly inexhaustible vein. Indeed, there aren't many (any?) government immigration policies NOT about being horrible to migrants. We then move on to discuss a few different nationality law issues, including the mind-boggling case of Roehrig, which appears to have effectively denaturalised tens of thousands of British citizens at a stroke. Finally, we turn to some important but rather technical updates for the lawyers amongst you.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here.
Government policy
The misguided allure of deterrence policy
Adults at risk in immigration detention annual report scrapped after highlighting inadequacies (mention)
High Court orders Home Secretary to immediately increase asylum support rates (mention)
Is it time for the UK to change its stance on asylum seekers working? (mention)
Operation Warm Welcome cools: over 9,000 Afghans still in temporary accommodation (mention - and update with new news on this)
Legal aid for asylum seekers is broken
Will in-country visa delays have long-term consequences for economic migration? (mention)
A modest proposal for reforming the immigration system: shorten key immigration routes
Nationality
Revised guidance on section 4L British Nationality Act 1981: the Romein principle
The reasonably foreseeable consequences of depriving someone of British citizenship
High Court casts doubt on British citizenship of children of EU citizens
For lawyers...
“Upgrading” a visa application you have already made
Permission needs to be properly sought for video link evidence from abroad
Case disposed of in error after Secretary of State fails to comply with court directions
Is Chikwamba still relevant?
Durable partner rules dumbfound the Upper Tribunal
Identifying litigation friends for vulnerable migrants
Immigration roundup: a look back at 2022 and ahead to 2023
Colin and Sonia take a look back at 2022 and ahead to 2023 as well as covering the immigration updates from December 2022. Looking back, they talk about small boat crossings, the Ukraine and Hong Kong schemes, the impact (or lack of) the Nationality and Borders Act 2022, the Rwanda judgment, the asylum backlog and the net migration figures. Looking to the future they cover Rishi Sunak's asylum plan, whether the Home Office can cope, the prospect of yet more legislation and the ideas for immigration restrictions on families, students and workers floated via The Times over the Christmas break.
Finally, they cover several litigation developments for lawyers from December 2022 and end by discussing to big cases for EU citizens with pre settled status. Phew.
Looking back and ahead
Free Movement review of the year 2022
Rishi Sunak announces new new plan for asylum
Has Sunak’s bank account closure plan killed off the Windrush Lessons Learned Review?
High court rules Rwanda plan is lawful
When will there be another Rwanda removal flight?
Litigation
Social media and the duty of candour in age assessment proceedings
False imprisonment claimant punished for failing to negotiate
Tribunal quarterly statistics: 54 week waiting time for asylum appeals and 26,000 cases outstanding
Five million pound investment to increase the number of days tribunals operate
EU citizens
Win for Pre-Settled Status holders accessing benefits
High Court finds EU Settlement Scheme breaches the Withdrawal Agreement
Immigration roundup: November 2022
This month, Colin and Sonia mainly talk about an avalanche of asylum related news, law and updates. It's not all asylum, though, there's also some blog posts to go over on Comprehensive Sickness Insurance, third party support in spouse applications, marriages in durable partner cases, the opening of the citizenship route for Chagossian descendants and a Solicitor Regulation Authority report on immigration lawyers. They end by discussing a couple of opinion pieces Colin published, on whether the Home Office should be abolished and whether strategic litigation does more harm than good.
The blog posts covered include:
- What are ‘short term holding facilities’ like the Manston refugee camp?
- Briefing: What is Article 1D of the Refugee Convention?
- How does the asylum ‘white list’ work and what does the government plan to change?
- Asylum backlog hits 150,000 and net migration hits 500,000
- Understanding the Home Office’s problem with asylum decisions
- Appendix Settlement Protection: indefinite leave to remain for people granted refugee status or humanitarian protection
- Reducing distress when working with children in the asylum process
- Record high referrals for potential victims of modern slavery
- The refugee reception crisis in the UK mirrors the situation on the continent
- Failed asylum seeker’s false identity conviction quashed
- Home Office breaches the duty of candour in mobile phone seizures case
- Home Office guidance update: the NHS and comprehensive sickness insurance for EEA nationals
- Developments in third party financial support for spouse or partner visa applications
- Post-Brexit marriages in durable partner appeals
- New route to British citizenship for people of Chagossian descent
- Solicitors Regulation Authority publishes new guidance for immigration work: supervision, quality, and complaints
- Should the Home Office be abolished?
- Strategic litigation: more harm than good?
Immigration roundup: October 2022
Welcome to the October 2022 episode of the Free Movement immigration update podcast. This month, Colin and Sonia talk politics, asylum, the statement of changes to the immigration rules and case law. The episode is a bit longer than usual as there was a lot going on!
Politics
Braverman attacks modern slavery victims and student families
Assessing Braverman’s legacy as Home Secretary
How much influence does the media have over the hostile environment?
Home Office hotels not fit to house unaccompanied child asylum seekers
Indefinite leave to remain applications under Appendix FM: slow, expensive and inaccessible
Asylum
Why has the asylum success rate gone up so much in recent years?
Are people crossing the Channel in small boats doing anything illegal?
Putting small boat crossings in perspective
Ukrainians in the UK face a homelessness crisis and the government needs to act now
What’s happening in the Rwanda legal challenges?
Statement of Changes
New statement of changes to the Immigration Rules: HC 719 (Afghanistan, Ukraine, and victims of trafficking)
Statement of Changes HC 719: Ukraine Extension Scheme
Statement of Changes HC 719: Appendix EU and Appendix EU (Family Permit)
Statement of Changes HC 719: Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery
Case law
Introducing proportionality assessments into marriage of convenience cases
Lack of route for victims of transnational marriage abandonment is unlawful, High Court finds
Home Office to review policy on timing of applications after single father’s right to work limbo
Applicants from Afghanistan may not need to enrol biometrics at the time of an application
Court of Appeal quash trafficking victim’s 2009 conviction
Immigration update podcast: September 2022
Welcome to the September 2022 episode of the Free Movement immigration update podcast. This month Colin is joined again by “immigration lawyer about town”, as she put it, Sonia Lenegan. She is in danger of becoming a co-presenter if she carries on like this...
Amongst other things, they discuss Albanian asylum claims, age assessment, military conscription and asylum, Windrush and an important update to the guidance on good character in British citizenship applications.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here.
The 30-minute podcast follows the running order below.
Asylum and human rightsGrand Chamber finds France breached the European Convention of Human Rights
Why are so many Albanian asylum claims succeeding if the country is so “safe and prosperous”?
New critique of Home Office country information on Albanian blood feuds
Major European judgment on age assessment process
Would Russian men fleeing conscription qualify as refugees?
Amendments to the Windrush Compensation
Other important stuffDependency under EU law: education as an essential living need
Guidance update: good character in nationality applications
Economic migrationHow to apply for a Temporary Work – Creative Worker visa
Employers take note: all change for right to work checks from 1 October 2022
What the hell's going on with immigration policy right now?
Colin and Sonia have a short chat about what's going on with immigration and asylum policy right now. With Truss and No 10 saying one thing and Braverman and the Home Office saying something very different, what should we make of it all? Are we going to have more students or less? Encourage skilled workers or reduce net migration? Cut unskilled migration or expand the Seasonal Agricultural Workers Scheme? We thought we'd separate out a general discussion about politics and policy this month from the normal update, to try and keep the podcast short and snappy. We'll be back early next week with the normal update covering substantive legal developments from September 2022.
Immigration update podcast, episode 104
Welcome to episode 104 of the Free Movement immigration update podcast. This month Colin is joined by "immigration lawyer about town", as she puts it, Sonia Lenegan. Taking pity on Colin after his solo effort last month, Sonia is the legal and policy director at Rainbow Migration, a consultant solicitor at Saltworks and a volunteer at Asylos and the Unity Project. She previously worked at Hackney Law Centre and as the legal director at the Immigration Law Practitioners Association.
Our discussion is a bit more free ranging than for past update episodes and we run to just over 40 minutes. We discuss the change of Home Secretary, the direction of government immigration policy, some changes in policy and new visas and go through the latest case law. Let us know in comments or by email what you think of the slightly different approach.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on Anchor, iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement podcasts click here.
Immigration update podcast, episode 103
Welcome to episode 103 of the Free Movement immigration update podcast. This month — the first in something like five years with no CJ McKinney — I’m starting with some material on asylum and trafficking then quickly going over a bit of immigration and nationality history and why it matters today, before moving onto various bits of Home Office news and then ending with a couple off items on deportation and foreign national offenders.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement podcasts click here.
From Brexit to small boats: five dramatic years in UK immigration policy
The immigration system has been through a lot since I started covering it for Free Movement five years ago. In September 2017, the UK was still in the two-year countdown to leaving the European Union, and there were even doubts about whether it would happen at all. The EU Settlement Scheme was still a twinkle in the Home Office's eye, and instead of the exciting post-Brexit points-based immigration system we had a boring old... points-based immigration system.
But while the basic architecture of the visa system remains largely the same, lots of the details have changed. Gone are the Investor and Entrepreneur routes, while in have come a host of new or (more commonly) rebranded visas: Innovator, Graduate, Global Talent, High Potential and Seasonal Worker. The flagship Skilled Worker route is now much easier to recruit into than Tier 2 (General) ever was, and visa issuances to non-Europeans have soared. That's led to a recent narrative that immigration has actually risen since Brexit -- although as Peter William Walsh of the Migration Observatory points out, this theory is somewhat lacking in key epistemic features, such as being true.
I spoke to Peter, Colin and business immigration guru Nichola Carter for a valedictory podcast looking back at the big themes and trends of the past five years in UK immigration, including Brexit, Windrush and Rwanda.
Immigration update podcast, episode 102
Welcome to episode 102 of the Free Movement immigration update podcast. This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications, and conclude with Rwanda.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
The downloadable 29-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
Borders ActWhen is the Nationality and Borders Act 2022 coming into force?
Detailed policy on differential treatment of refugees announced
Humanitarian protection is being downgraded from 28 June 2022
Human rights (7.50)New guidance on private life and family relationships
Judge takes “points based system” a bit too literally
Appendix FM (10.44)Free family visas: the entry clearance fee waiver policy
Whether income is “lawfully derived” to be assessed case by case, Upper Tribunal holds
Deportation (15.16)Supreme Court allows foreign criminal deportation case
Foreign convictions in deportation appeals
Challenge to “deport first, appeal later” process rejected
Zambrano (23.08)No change to settlement rules for Zambrano carers despite Akinsanya judgment
Rwanda (25.05)Home Office plans second flight to deport asylum seekers to Rwanda
CSI where am I: can EU citizens get compensation for Comprehensive Sickness Insurance?
Comprehensive Sickness Insurance continues to hang over the heads of many EU citizens who, over the years, were told that they needed private health coverage for their residence in the UK to be lawful. The UK government’s insistence on this was always legally controversial, but it took until after Brexit for the EU Court of Justice to rule (in a case referred to it just before the UK’s departure) that CSI was not in fact required.
What are the implications of the ruling for EU citizens affected by the supposed CSI rule over the years? People were denied benefits, British citizenship and even protection against criminal deportation — not to mention spending money they didn’t need to. Even today, the government reserves the right to refuse naturalisation for past lack of CSI (even if it doesn’t in practice). Joining me on the podcast with thoughts on righting the wrong are Luke Piper of the3million and the CSI Justice campaign, and Professor Charlotte O’Brien of York Law School and the EU Rights and Brexit Hub.
Immigration update podcast, episode 101
Welcome to episode 101 of the Free Movement immigration update podcast. This month we start with some great news on fees, then some updates on the new Borders Act before turning to Rwanda and asylum more broadly. We have a quick check-in on business immigration and end on the latest with detention and bail.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement podcasts click here.
The downloadable 26-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
Fees
Children can now apply for a waiver of citizenship fees
Borders Act (5.20)
New statement of changes to the Immigration Rules: HC 17 (Borders Act)
When is the Nationality and Borders Act 2022 coming into force?
New regs bring key bits of Borders Act into force on 28 June
Rwanda (8.15)
Committee examines human rights implications of Rwanda asylum agreement
Immigration inspector orders rapid review of Rwanda policy
Asylum (12.37)
Useful case from Court of Justice of the European Union on Palestinian refugees
Iraq country guidance on ID cards revised
Upper Tribunal dives into the Refugee Convention exclusion clauses
Business immigration (18.15)
High Potential visa opens today
Detention and bail (20.53)
Things are looking up for undocumented migrant children
In the States, they’re known as “Dreamers”. Children and young people who grow up perfectly integrated, only to find out that — through no fault of their own — they’re actually unauthorised migrants. Here in the UK, children who are British in every sense but legal can at least regularise on the basis of long residence: seven years for under-18s, or half their life for those aged 18-24 inclusive.
Securing immigration status under these “private life” rules is only the beginning: they still have to serve a probationary period of ten years before being able to apply for indefinite leave to remain and come out of the immigration system altogether. All this can profoundly affect identity and mental health: Anna Shekan and Roopa Tanna, my guests on the podcast this month, refer to a process of “de-integration”, as kids effectively become immigrants for the first time.
But things are improving for these British Dreamers. A concession announced last October allowed some 18-24s to apply for settlement on the half of life route after five years rather than ten. That was followed by new Immigration Rules on faster settlement for both under-18s and 18-24s, which come into force next month.
Combined with yesterday’s announcement on free British citizenship for poor children, all this adds up to — whisper it softly — a substantial liberalisation of the rules for undocumented kids. In this episode, Anna and Roopa explain how the changes came about and how many children and young people are likely to benefit.
Immigration update podcast, episode 100
Welcome to episode 100 of the Free Movement immigration update podcast. This month we’ve got some pretty major asylum stuff to go over plus quite a few different topics, including compensation for unlawful removal, the unending saga of the English language tests, new immigration fees, changes to work visas, a big case from the Upper Tribunal on expert evidence and a rather unusual case in the Court of Appeal on deportation.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement podcasts click here.
The downloadable 29-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
TOEIC
Nothing wrong with official evidence of English language test cheating, Upper Tribunal holds
Compensation (5.40)
Afghan boy unlawfully removed from UK for 18 months can claim damages
Fees (8.32)
Immigration and nationality fees for 2022/23
Asylum (10.37)
Is it legal to outsource the UK’s refugee responsibilities to Rwanda?
Channel “pushbacks” policy abandoned
Afghan judge to get visa decision before having to come out of hiding
Points Based Immigration System (17.51)
The new UK Expansion Worker visa doesn’t look like an improvement
Raise minimum wage for social care workers rather than loosening visa rules, says MAC
Experts (22.05)
What are the duties of an expert witness in the immigration tribunal?
Deportation (25.08)
Hotel Rwanda
The Nationality and Borders Act 2022 hit the statute books yesterday. The Home Office says that the Act “puts into law that those who arrive illegally in the UK – who could have claimed asylum in another safe country – can be considered as ‘inadmissible’ to the UK asylum system”, and so removed to Rwanda under plans announced just before Easter.
In fact, as Jon Featonby tells me on the latest episode of the podcast, inadmissibility provisions authorising removal to Rwanda are already part of the Immigration Rules:
345C. When an application is treated as inadmissible, the Secretary of State will attempt to remove the applicant to the safe third country in which they were previously present or to which they have a connection, or to any other safe third country which may agree to their entry.
Putting these rules in the new Act does make it harder to challenge the Rwanda scheme in court. But Sonia Lenegan says lawyers are nothing daunted, with two crowdfunded legal challenges already in the works. I understand that a third is underway in Northern Ireland.
Given the legal and logistical challenges, will refugees really end up on planes to Rwanda? And if they do, will it deter others from seeking asylum in the UK?
Immigration update podcast, episode 99
Welcome to episode 99 of the Free Movement immigration update podcast. This month we start with statements of changes to the Immigration Rules on Ukraine, ten-year routes to settlement and the suite of new business visas. I then try not to get too cross about Comprehensive Sickness Insurance before turning to cases on small boats, the Home Office’s duty of candour (hah!) and human trafficking. We finish on the latest deprivation of citizenship statistics.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement podcasts click here.
The downloadable 30-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
Ukraine
Can Ukrainians take refuge in the UK? The Ukraine Family Scheme and other routes
New statement of changes to the Immigration Rules: HC 1220 (Ukraine, Ukraine, Ukraine)
Home Office agrees to reconsider landmark Ukraine asylum case
Intended parents can bring Ukrainian surrogate mothers to the UK
Family and private life (10.54)
New statement of changes to the Immigration Rules: HC 1118
Statement of changes HC 1118: new family and private life rules
Business immigration (13.39)
Statement of changes HC 1118: new and improved UK work visas
What do we know about the new Global Business Mobility visa?
Adjusted right to work checks to continue until 30 September 2022
EU rights (16.36)
Give me more enforcement powers, says Immigration Services Commissioner
The Office of the Immigration Services Commissioner is changing. For one thing, there will soon be no office — or at least, not a physical one. The OISC is ditching its London headquarters and going fully remote, as well as regional. From 1 April, its staff will be assigned to a particular patch and told to get out into the community to find out what’s going on in the immigration advice world.
The Immigration Services Commissioner, John Tuckett, wants a more “proactive” regulator that strikes a better balance between its two core functions: regulating OISC advisers and stamping out the illegal activities of unregulated ones. Regulation will be less prescriptive, involving “partnership working whereby people can assess themselves, maybe carry out self-audit as well as us auditing them — rather than us doing it all as a Big Brother-type approach”.
He’s also after more enforcement powers from the Home Office, the better to “disrupt the criminal activity that’s going on”. The reformed OISC will place less emphasis on expensive criminal prosecutions (which may be just as well, since it doesn’t do that many) and more on warnings, cautions and even restitution to victims of unregulated advice.
John joins me on the podcast this month to explain more about his plans for “transforming the OISC“.
Immigration update podcast, episode 98
Welcome to episode 98 of the Free Movement immigration update podcast. This month we’ve got a load of different topics to cover, from fees, investor visas and CSI to asylum, age assessments and appeals.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement podcasts click here.
The downloadable 30-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
Fees
Supreme Court upholds government’s right to set child citizenship fees as it chooses
New fee waivers for foreign and Commonwealth armed forces veterans
Trafficking (5.42)
How human trafficking victims can appeal against criminal convictions
What role does the European Convention Against Trafficking play in UK law?
Investors (9.07)
Investor visa closed to new applicants with immediate effect
Citizenship (11.12)
Nobody has been refused citizenship for lack of CSI
Asylum (14.24)
Article 3 protects asylum seekers against removal even if they could leave voluntarily
Can the Iranian government see what dissidents post on Facebook?
The logistics of survival: updated Somalia country guidance
Home Office challenge to Sri Lanka country guidance fails
Age assessment (22.07)
Russian it through: the sudden demise of the Investor visa
Closing the Investor visa route to new applicants with immediate effect was necessary, the Home Secretary said this week. If potential applicants had been given a decent period of notice, it might have attracted a last-minute flood of undesirables who “may not comply with the requirements of the Immigration Rules or who may pose national security risks”.
To which Sophie Barrett-Brown and Hazar El-Chamaa, my guests on the podcast this week, respond: why would you be granting visas to people who don’t qualify or threaten national security? The Home Office had plenty of existing powers to turn away applicants who can’t prove their money is clean or who seem that bit too close to the Kremlin. Shutting the whole thing down is disproportionate; doing so immediately, a blow to the UK’s reputation as a stable jurisdiction under the rule of law.
But we are, as so often, where we are — so what are the options now for bringing the world’s wealthy into the UK? The Home Office says that changes to the notorious Innovator route will help attract the right sort. The experts are… not convinced.
Immigration update podcast, episode 97
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement podcasts click here.
The downloadable 26-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
Illegal working
Changes to right to work checks from 6 April 2022
Asylum (3.50)
Fast-track age assessments of newly arrived asylum seekers were unlawful
“Westernised” Iraqi family granted asylum
Ethiopia still not safe for Oromo Liberation Front supporters, country guidance confirms
Afghans already in the UK now being “resettled” under long-awaited scheme
Concessions for Afghan citizens on study and work routes in the UK
Work visas (9.27)
New statement of changes to the Immigration Rules: HC 1019 (social care visas)
EU rights (10.56)
Uncertainty persists for Zambrano carers following Court of Appeal ruling
EU citizens fighting deportation keep full residence rights
Ex-partners don’t retain EU law residence rights after domestic abuse
Enforcement (16.13)
Upper Tribunal revisits “marriages of convenience”
When can the Home Secretary take your citizenship away?
One of the Home Secretary’s more startling powers is to take people’s British citizenship away where they acquired it by fraud or it is “conducive to the public good”. In the latter case, losing citizenship often amounts to exile in the interests of national security: the tactic is to wait until the person is abroad before making the deprivation order. Under the Nationality and Borders Bill, the person need not be told about the order at all.
The Home Office tells us that this power is used “sparingly”. Between 2010 and 2018, “only around 19 people a year were deprived of their citizenship on ‘conducive to the public good’ grounds”. Whether that is rare or routine depends on your point of view, but the average conceals an upward trend in recent years (insofar as figures are available). This week alone, Free Movement covered two separate appeals against citizenship deprivation — one of which was argued by our latest podcast guest, Alasdair MacKenzie of Doughty Street Chambers.
I spoke to Alasdair about the law on citizenship deprivation, his experience fighting cases in the SIAC national security court — “like wrestling with a shadow” — and the role of judges in policing one of the state’s most draconian powers.
Immigration update podcast, episode 96
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement immigration update podcasts click here.
The downloadable 36-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
EU rights
Supreme Court overturns expansion of benefits rights for EU citizens
No EU citizenship, no extended family members
Long residence (4.41)
Court of Appeal game-changer for validity and continuous residence
Deportation (8.52)
The effect of deportation on children: Imran case reversed
Deportation law up for MORE revision: Supreme Court to hear appeal in HA (Iraq) case
Man who has never left the UK avoids deportation after seven-year legal battle
Asylum (15.23)
Seeking asylum isn’t illegal yet, criminal courts confirm, quashing small boat convictions
Inflexible biometrics policy for refugee family reunion declared unlawful
Government refuses to relax asylum seeker right to work rules
Carriers’ liability (24.06)
What counts as an “effective system” of lorry checks?
Immigration update podcast, episode 95
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement immigration update podcasts click here.
The downloadable 34-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
EU rights
Dependent relatives to get EU Settlement Scheme family permits
EU law still applies in legacy appeals under the EEA Regulations
Appeals (5.53)
Upper Tribunal revisits issue of permission for video evidence from abroad
Upper Tribunal reminds everyone: this is not the place for new evidence
Reopening a finalised immigration appeal is actually pretty hard
Work visas (14.17)
Record number of Global Talent visas awarded
New statement of changes to the Immigration Rules: HC 803 (pork butchers)
Asylum (20.27)
The meaning of “admissible” in statelessness cases
Cessation, Article 3 and removing refugees from the UK
Human trafficking (24.12)
Immigration Enforcement to decide human trafficking claims
Immigration update podcast, episode 94
Welcome to episode 94 of the Free Movement immigration update podcast. This month we kick off with some human rights developments and some fairly consistently good news on asylum (which is nice for a change). There are quite a few business immigration issues to run over quickly before we turn to developments in the English Channel and the international law of the sea for a nice, depressing ending…
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement immigration update podcasts click here.
The downloadable 24-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
Human rights
Early settlement concession for young people living half their lives in the UK
Confirmed: Home Office can ignore human rights claims
Asylum (5.28)
Give trafficked asylum seekers permission to stay, says High Court
Asylum seeker right to work policy declared unlawful, again
Claiming humanitarian protection in medical treatment cases
Seasonal Workers (12.35)
New immigration concession for fuel tanker drivers
Visa scheme for HGV drivers and poultry workers launched
Pork butchers latest to get temporary visas
Other work visas (15.38)
The Intra-company Transfer visa could be getting a new lease of life
How to apply for an International Sportsperson visa
Channel crossings (17.25)
How do you prove you’re a gay refugee?
People being persecuted on account of their sexual orientation can seek asylum in the UK, but face having to convince the Home Office that they are in fact lesbian, gay or bisexual. While asylum seekers are no longer quizzed about Oscar Wilde, more subtle forms of stereotyping persist. Decision-makers can demand of all LGBTQI+ asylum seekers a narrative that only some can provide: feelings of shame, stigma and difference, and a sort of emotional journey towards understanding their sexuality.
On the podcast this month I hear from Katherine Soroya and Allan Briddock about what the Home Office expects from gay refugees and the problems that can cause for people who don’t fit the description. While there’s plenty to criticise, there’s also reason for cautious optimism, given the rising success rate of asylum claims involving sexual orientation.
Immigration update podcast, episode 93
Welcome to episode 93 of the Free Movement immigration update podcast, a week later than advertised. This month we start with changes to the Immigration Rules and other news around work and student visas, and then the latest on deprivation of citizenship. We review some new case law on asylum, talk about why the Home Office is now conceding so many appeals, before ending on EU citizens’ rights and the inevitable coronavirus material.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement immigration update podcasts click here.
The downloadable 24-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
Points Based Immigration System
New statement of changes to the Immigration Rules: HC 617
HGVisas: what do we know so far?
A look at the skilled immigration sponsorship “roadmap”
Deprivation of citizenship (7.51)
Deprivation of citizenship for fraud after Begum
After deprivation of citizenship comes months or years in limbo
Asylum (11.58)
Fast Track asylum appeals were not necessarily unfair, Supreme Court confirms
Serious crime enough for humanitarian protection to be revoked
Appeals (14.10)
Home Office conceding 30% of appeals, Pres says
EU rights (16.46)
Helpful changes for family members applying under the EU Settlement Scheme
Did the Home Office inadvertently strengthen the rights of Zam...
Podcast: fixing UK immigration advice
A woman went back to her husband who had previously been violent to her, and it was at least partly because she couldn’t find anyone to make her application for indefinite leave to remain under the domestic violence rules within the timescale required, and she panicked and went back him. So that means that a rule that’s expressly there to protect people from serious harm was left ineffective because of the lack of access to immigration advice. But it is less visible than in the criminal justice system. In criminal work, the trial gets listed and then it gets postponed. Here in immigration and asylum, it’s more that the application never gets made.
As Dr Jo Wilding tells me on the podcast this week, there are all sorts of problems with the provision of advice to migrants about their legal rights. The consequences are often next to invisible, but no less dire for all that: my other guest, Naomi Blackwell of Jesuit Refugee Service UK, recalls meeting a man in immigration detention who had not seen a lawyer for three years.
Those interested in learning more about these problems — and, more importantly, the solutions to them — can do so via Jo’s new book on The Legal Aid Market: Challenges for Publicly Funded Immigration and Asylum Legal Representation. See also the Law Society’s new map of immigration legal aid deserts in England and Wales.
Immigration update podcast, episode 92
Welcome to episode 92 of the Free Movement immigration update podcast. This month we begin with EU citizens’ rights before moving to a couple of cases on Article 3 of the European Convention on Human Rights as it applies to migrants. We then discuss asylum, including a disappointing Supreme Court decision on age assessment, before concluding with the latest on immigration appeals.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement immigration update podcasts click here.
The downloadable 28-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
EU rights
Good news for EU citizens making late applications for post-Brexit residence rights
Court of Appeal lays down hyper-strict approach to EU asylum claims
Human rights (8.10)
The AM (Zimbabwe) test now applies to destitution too
Systems failure denied immigration detainee his HIV meds, judge finds
Asylum (13.12)
Supreme Court upholds Home Office age assessment policy
Offshore processing doesn’t stop the boats, Australian experts warn
New Home Office policy on medical evidence in asylum claims
High Court backs law firm in dispute over £194,000 asylum bill
Appeals (21.22)
Court of Appeal confirms that 3C leave can be revived
Upper Tribunal forced to U-turn on “new matters” appeal loophole
Podcast: what now for Afghan refugees?
The UK’s emergency evacuation of Afghan civilians ends today, ahead of the 31 August deadline for the withdrawal of Western troops from Afghanistan. Where does that leave Afghans hoping to escape the Taliban for safety in Britain? That’s the subject of this episode, in which I’m joined by two lawyers with extensive experience in this area: Jamie Bell of Duncan Lewis Solicitors and Sarah Pinder of Goldsmith Chambers.
We discuss the two existing resettlement programmes for Afghans with ties to the British government; what we know about the additional Afghan citizens’ resettlement scheme announced on 18 August (not much); and what happens to those already in the UK with pending asylum cases (the Home Office is adopting a “wait and see approach”, for now, with a pause on decision-making). As ever, once more information emerges on the issues that remain uncertain, we’ll cover it on the website and/or the weekly newsletter.
Immigration update podcast, episode 91
Welcome to episode 91 of the Free Movement immigration update podcast. This month we begin with a Supreme Court decision on deportation and some developments on immigration judicial reviews. We then move to business immigration, where a new type of visa has just been announced, and then off in the other direction completely to cover asylum and refugee issues. We end with a couple of court decisions on deception and long residence. Note that we are not covering the Immigration Bill published in July, as we did a separate podcast on that a couple of weeks ago.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement immigration update podcasts click here.
The downloadable 29-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
Deportation
Supreme Court dismisses deportation appeal of man living in UK since he was 9
Judicial review (6.23)
Judicial Review Bill to abolish most Cart cases
Upper Tribunal can accept late acknowledgment of service in judicial review cases
Points Based Immigration System (11.17)
UK government promises new “high potential” visa with no job offer required
Half of all Investor visa holders are being investigated, report claims
Asylum and refugees (16.11)
Double win for refugees seeking backdated benefits
Podcast: five things you may have missed in the Borders Bill
The Nationality and Borders Bill 2021 looks set to sail through Parliament, passing its second reading stage in the House of Commons this week by 101 votes. The headline provisions of the Bill are by now well known — indeed, notorious — so we’re not going to spend this episode rehearsing the various ways in which it tries to make life more difficult for asylum seekers. Instead, we’ve picked out some of the less high-profile elements that have received less scrutiny to date.
Colin himself joins me for this episode. We discuss the Bill’s proposed changes to:
* The rules on citizenship for stateless children
* The definition of a “particular social group” in domestic asylum law
* Advance warning of removal from the UK
* Human trafficking claims made in “bad faith”
* Existing immigration legislation, which may be consolidated
For much more on all things Borders Bill, see our recent series of briefings on each Part:
* Part 1 (citizenship reforms)
* Part 2 (asylum)
* Part 3 (criminal offences)
* Part 4 (trafficking)
* Part 5 (miscellaneous)
Finally, for those interested in why the Home Office doesn’t care what you think about the Bill, the government’s response to its consultation exercise was published yesterday.
Immigration update podcast, episode 90
Welcome to episode 90 of the Free Movement immigration update podcast. We’re covering June 2021, which feels a little unreal given the Nationality and Borders Bill had landed shortly before we were due to record. But life goes on, and we’ve got a few points about the EU Settlement Scheme to cover; a couple of cases on family immigration and one on long residence; several asylum issues; a couple of deportation cases to touch on; and a couple of cases in which the Court of Appeal schools the immigration tribunal in how to do its job.
If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here.
If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go.
To access previous Free Movement immigration update podcasts click here.
The downloadable 28-minute podcast follows the running order below. Timestamps indicate when a particular section begins.
EU Settlement Scheme
What happens to EU citizens who miss the settled status deadline?
High Court finds the EU Settlement Scheme rules for Zambrano carers unlawful
EU Settlement Scheme coronavirus policy relaxed
Family immigration (9.26)
“Reasonable” to expect UK-born 11-year-old to move to Bangladesh, Court of Appeal says
Getting permission to remain in the UK as an adult dependent relative: not likely
Long residence (13.25)
“Open-ended” overstayers can’t rely on ten-year lawful residence rule
Asylum (14.57)
High Court condemns treatment of asylum seekers unlawfully held at Napier barracks
High Court strikes down pandemic protections for refused asylum seekers
Podcast: deadline day
Brexit begins on 1 July. From that date, “hostile environment” checks apply to EU citizens in earnest. It will no longer be possible to satisfy an immigration status check — for benefits, employment or a tenancy — by flashing an EU passport. Instead, as Home Office guidance puts it, EU nationals “will be required to provide evidence of lawful immigration status in the UK, in the same way as other foreign nationals”.
For those living in the UK before the end of 2020, evidence of lawful immigration status is likely to mean pre-settled or status granted under the EU Settlement Scheme. Applications to that scheme are, for the most part, also required before 1 July; people who haven’t applied by then will invariably run into the hostile environment.
What happens to those people is the subject of this podcast. Chris Benn from Seraphus, as ever our indispensable guide to all things Settlement Scheme, has the latest word on what EU residents can expect if not among the 5 million people who have already secured their pre-settled or settled status.
If you prefer it in writing: we’ve previously reviewed the guidance on making late applications, and will put out a briefing on the approach to enforcement, drawing on Chris’s intel, next week.