Free Movement

Barry joins Sonia again this month to look back at what happened in August. We cover the latest statistics on asylum, immigration and trafficking. There are a couple of cases relating to asylum family reunion, as well as a policy change for those separated during Operation Pitting. Other cases covered included deprivation of citizenship, an unsuccessful challenge to legal aid provision for young people and a successful challenge by Bail for Immigration Detainees in a freedom of information challenge. We also discuss updates on a couple of reports from the Solicitors Regulation Authority and the latest on what is happening with Tech Nation.

The 43 minute podcast follows the running order below:

Asylum (00:55)

Latest statistics show little movement on the asylum backlog, drop in students and health and care workers

Positive decisions by immigration authority remain very low in latest trafficking statistics

Unsuccessful challenge to lack of legal aid for asylum interviews

Appeal against grant of limited bail on Diego Garcia dismissed

No discrimination found against Afghan man blocked from Ukraine schemes

Tribunal orders Home Office to disclose information on emergency travel documents for Somalia and Eritrea

New country of origin information on children and young people from Sudan

Home Office finally announces separated families route for Afghan evacuated families

How to prepare suicide risk cases

General immigration (22:40)

A step by step guide to applying for an eVisa

Solicitors Regulation Authority publishes reviews of training records and asylum legal services

Family (29:15)

Upper Tribunal says that article 8 rights of overseas family members must be considered

Work routes (33:25)

A route of last resort: two years of the UK Expansion Worker visa

The latest on Tech Nation and the Global Talent route

Nationality (35:40)

Court of Appeal dismisses appeal against deprivation of citizenship

Updated (38:25)

Leave to remain application date: how to calculate it and why it is important

How to apply for a UK Ancestry visa

How much does it cost to sponsor someone for a UK work visa?

Briefing: what is leave outside the rules?

Will I need Electronic Travel Authorisation to enter the UK?

It's August and Colin is away on holiday so Sonia was joined by a very special guest, Barry O'Leary, for the July roundup. Sonia and Barry discussed the end of the Rwanda scheme and the resumed processing of asylum cases, things not to do when carrying out an asylum backlog clearance, and the latest pause on decision making. They also cover the many EU Settlement Scheme cases that came out in July, the Windrush Compensation Scheme, a very popular post on a case involving estoppel and passports, and much much more.

Asylum (00:55)

The Rwanda policy is in its death throes

Asylum processing to resume as new regulations allow grants of leave to be made

Lessons to be learned from the last asylum backlog clearance exercise

Successful challenge by Masters student to asylum accommodation move

Freedom of information request shows increase in multiple asylum interview invites for applicants

Asylum Support Tribunal says it can consider lawfulness of Home Office withdrawal of asylum claims

High Court finds trafficking decision unlawful for failure to consider all available evidence

Policy on leave to remain for survivors of trafficking continues to cause confusion and distress

Home Secretary delayed decisions on trafficking victims’ cases because of Rwanda policy – paving the way for potential damages claims  

EU Settlement Scheme (17:30)

Lengthy absences from the UK can still put EU settled status at risk

EU Settlement Scheme: automatic extensions and potential curtailments

Home Office policy on delaying consideration of EUSS applications held to be unlawful

Court of Appeal finds breach of Withdrawal Agreement in “mystery” stamp case

Court of Appeal resolves ambiguity about assumed dependency in EU Settlement Scheme

Detention (28:07)

Harmondsworth detention centre inspection report: “worst conditions” ever seen

Nationality (30:30)

Briefing: a guide to applications to the Windrush Compensation Scheme

High Court finds passport office prevented from refusing passport to person who may not actually be British

High Court upholds refusal to register child as a British Citizen

Points Based System (38:30)

High Court confirms that mandatory sponsor licence revocation is actually mandatory in latest care home case

How the UK’s systems for dealing with overseas entertainers have descended into farce and how they can be improved

Procedure (41:42)

eVisas: who is affected and what steps to take now

First-tier Tribunal judge carried out “wholly inappropriate” cross-examination of appellant

Immigration (48:20)

New Home Office guidance clarifies transitional provisions for absences in the 10 year long residence route

Here is your June round up of Free Movement. In this episode Colin and Sonia discuss why the Illegal Migration Act should be repealed, an appalling decision on trafficking delays, a much better decision on section 3C leave, the raised standard of proof in asylum claims, one and a bit cases on challenging judicial behaviour, the latest care home revocation case and much much more. By popular (?) demand, we finish with a chat about the general election.

The 39 minute podcast follows the running order below:

Asylum (00:40)

Briefing: four problems in the UK asylum system and how to address them

Almost four year delay in deciding trafficking claim held to be lawful by High Court

The new, higher standard of proof doesn’t apply to human rights claims

Kent County Council cannot avoid its duty to find placements for unaccompanied asylum seeking children

Procedure (13:10)

Court of Appeal rejects claim that hearing was unfair because tribunal judge asked too many questions

Home Secretary’s failure to provide digital proof of status to those with section 3C leave held to be unlawful (and see here for an update from RAMFEL: https://www.ramfel.org.uk/news-and-blog/3c-leave-update-time-to-request-digital-proof-of-status)

High Court decides there is no oral permission hearing in Cart judicial reviews 

Court of Session gives guidance on transferring judicial reviews to the Upper Tribunal

Points based system (18:40)

Another care home sponsor licence revocation successfully challenged in the High Court

Official evidence of English language test cheating will raise a case to answer, confirms Upper Tribunal

Policy (22:25)

Failure to implement Windrush recommendations held to be unlawful by High Court

Where are we now and what is the future of the Illegal Migration Act?

Updated articles (25:20)

Should refugees claim asylum in the first safe country they reach?

What is the difference between a “refugee” and an “asylum seeker”?

What is the refugee definition in international and UK law?

Can Ukrainians take refuge in the UK? Ukraine schemes and other routes

How does immigration and nationality law apply to adopted children?

How to apply for a Skilled Worker sponsor licence

General election 2024 (26:15)

What changes does a Labour government promise for business immigration?

In this podcast Sonia discusses Kalayaan's new report "12 years of modern slavery" with Avril Sharp, immigration lawyer and policy officer. The report looks at the history of the overseas domestic worker visa, and the harmful changes that have made.

They also discuss the impact of the Nationality and Borders Act 2022, delays within the National Referral Mechanism system for identifying survivors of trafficking and modern slavery, the experiences of those within the system, similarities with other "tied" visa routes and changes that need to be made to protect domestic workers.

Here is your May round up of Free Movement. In this episode Colin and Sonia look at the latest immigration, asylum and trafficking statistics, including discussion of the fee waiver backlog. They also cover the latest on “safe

The 35 minute podcast follows the running order below:

Asylum (00:20)

Home Office statistics link drop in asylum grant rate to Nationality and Borders Act 2022

Trafficking statistics show positive decisions by the immigration enforcement competent authority are at a record low

Inspection report on Afghan resettlement schemes reveals another secret pause on processing cases

Upper Tribunal finds guidance for those unable to travel from Gaza to enrol biometrics is unlawful

Asylum seekers on Diego Garcia granted bail to access limited areas of the island

Procedure (17:10)

How to access old versions of Home Office guidance and identify any changes

A varied application can be refused where false representations were used in the original application

Human rights (19:40)

Court of Appeal finds that damages may be payable to those subject to ‘no recourse to public funds’ delays

High Court dismisses challenge to lack of legal aid for Windrush compensation scheme

Detention (24:50)

Adults at Risk guidance changed from 21 May 2024 to allow more vulnerable people to be detained

High Court finds use of electronic monitoring to be unlawful

Updated (28:20)

What safe and legal routes are available for refugees to come to the United Kingdom?

The Hong Kong British National (Overseas) visa

Appendix Settlement Protection: indefinite leave to remain for people granted refugee status or humanitarian protection

What is the 20 year rule on long residence and other private life applications?

Briefing: how does the 10 year route in Appendix Long Residence work?

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.

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

New route to be set up to reunite children separated from family in Afghanistan evacuations and the Home Secretary breaches duty of candour again

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

Briefing: How to make a change of conditions application and remove the ‘no recourse to public funds’ restriction

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)

Independent Chief Inspector’s report on deprivation of citizenship shows a high number of stalled cases

OISC (44:42)

New OISC code of practice will take effect from 1 September 2024

EU (46:00)

Upper Tribunal confirms that appellants lost their rights under EU law once sponsor lost his EU citizenship

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

How to apply for a UK spouse or partner visa

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

How the changes to the Ukraine Schemes will make it more difficult for Ukrainians to come to the UK – and why they should be cancelled

Procedural (08:40)

Two Hamid referrals made in asylum cases where out of hours injunctions were sought

Government Legal Department told by High Court to keep “rather basic point” in mind when advising on redactions

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

Detention (14:30)

Court finds that the Home Office’s imposition of a GPS tag was unlawful for over a year in the first case of its kind

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)

Roehrig upheld by Court of Appeal: no changes for certain children of EU citizens not entitled to British citizenship

Appellant keeps British nationality after Court of Appeal overturns dishonesty finding

General immigration (24:40)

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)

Deportation order exclusion in discretionary leave policy for victims of modern slavery found unlawful

Risk of re-trafficking must be assessed before disqualification on public order grounds

Procedure (10:55)

Court of Appeal allows Iranian asylum appeal against “difficult to understand” First-tier Tribunal decision

Court of Appeal demolishes First-tier Tribunal in deportation appeal but upholds decision

Rewarding failure: Home Secretary permitted to withdraw decision under appeal following failure to admit excluded evidence

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)

Migration Advisory Committee recommends 21 occupations for the new immigration salary list following rapid review

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?

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

The Home Secretary’s unlawful secret policy to withhold leave to remain from victims of modern slavery

Concessions for applicants to the Hong Kong BN(O) route who are on immigration bail or have withdrawn their asylum claim

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

High Court quashes Home Office policy of delaying release of vulnerable detainees to get a second medical opinion

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)

Briefing: The duty to safeguard children in need and their families at section 17 of the Children Act 1989

What are the immigration rules for settled returning residents of the United Kingdom?

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)

Statement of changes HC 246: rules finally amended to provide for victims of transnational marriage abandonment

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

Home Office unaware of the extent to which ‘mystery’ stamp has been used to grant entry to UK in error

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