Free Movement Free Movement
-
- Government
-
Updates and comment on UK immigration law
-
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
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 -
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
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
Changes to work visa routes from 4 April 2024 and what it means for employers
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)
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)
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? -
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
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? -
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)
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 -
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)
Latest statistics show huge increase in rejections of late EU settlement scheme applications, no evidence that Rwanda has impacted Channel crossings
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)
Court of Appeal tells Home Office to reconsider “plainly wrong” decision on Turkish business person application
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
Solicitors Regulation Authority has questions to answer about their “warning” to immigration solicitors
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