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

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. 

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

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.

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

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.

Welcome to episode 89 of the Free Movement immigration update podcast. This month is a bit of a bumper episode, so we may hurry through some updates to keep it a manageable length, but you can read more about each item at the links below. We start with a couple of rather concerning court cases involving massive Home Office delays before turning to immigration policy. We’re then off to the Upper Tribunal to discuss a series of new decisions on family migration and the conduct of immigration appeals, before ending with a couple of quick coronavirus updates.

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 27-minute podcast follows the running order below. Timestamps indicate when a particular section begins.

Delay

Congolese man unlawfully detained for three and a half years 

Man who won British citizenship by fraud gets to keep it thanks to Home Office inaction 

Immigration policy (6.05)

New Plan for Immigration 2: Electronic Boogaloo

The UK-India migration deal

Asylum right to work policy changed to allow (a bit) more discretion 

EU citizens’ rights (11.26)

Migrants win improved access to personal data held by the Home Office 

Court throws out challenge to digital-only status for EU citizens 

Family migration (13.59)

Sponsor changing job is not a reason to refuse a spouse visa

Windrush family priced out of UK win human right...

Welcome to episode 89 of the Free Movement immigration update podcast. This month is a bit of a bumper episode, so we may hurry through some updates to keep it a manageable length, but you can read more about each item at the links below. We start with a couple of rather concerning court cases involving massive Home Office delays before turning to immigration policy. We’re then off to the Upper Tribunal to discuss a series of new decisions on family migration and the conduct of immigration appeals, before ending with a couple of quick coronavirus updates.

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 27-minute podcast follows the running order below. Timestamps indicate when a particular section begins.

Delay

Congolese man unlawfully detained for three and a half years 

Man who won British citizenship by fraud gets to keep it thanks to Home Office inaction 

Immigration policy (6.05)

New Plan for Immigration 2: Electronic Boogaloo

The UK-India migration deal

Asylum right to work policy changed to allow (a bit) more discretion 

EU citizens’ rights (11.26)

Migrants win improved access to personal data held by the Home Office 

Court throws out challenge to digital-only status for EU citizens 

Family migration (13.59)

Sponsor changing job is not a reason to refuse a spouse visa

Windrush family priced out of UK win human right...

Last year over 10,000 people were identified as possible victims of human trafficking or modern slavery, around two thirds of whom were foreign nationals from places like Albania, Sudan and Vietnam. That’s just a drop in the ocean, given that an estimated 100,000 victims are out there at any one time. Nevertheless, the existence of a support system for victims can provide exploited migrants with important rights — so naturally the government is keen to reduce the number of people helped by it.

In this podcast I talk to Maya Esslemont about her work with After Exploitation, which tries to dig out proper data on what happens to trafficking survivors, as well as the recent changes to policy on detention of potential victims and the widely criticised trafficking proposals in the government’s New Plan for Immigration.

Last year over 10,000 people were identified as possible victims of human trafficking or modern slavery, around two thirds of whom were foreign nationals from places like Albania, Sudan and Vietnam. That’s just a drop in the ocean, given that an estimated 100,000 victims are out there at any one time. Nevertheless, the existence of a support system for victims can provide exploited migrants with important rights — so naturally the government is keen to reduce the number of people helped by it.

In this podcast I talk to Maya Esslemont about her work with After Exploitation, which tries to dig out proper data on what happens to trafficking survivors, as well as the recent changes to policy on detention of potential victims and the widely criticised trafficking proposals in the government’s New Plan for Immigration.