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

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

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

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)

High Court success in challenge to move of highly vulnerable asylum seeker away from his support network 

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? 

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.

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

First-tier Tribunal finds that UN Agency is unable to provide protection and assistance to a severely disabled Palestinian child

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)

Statement of changes HC 1780: restrictions on administrative review and expansion of Youth Mobility Scheme

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?

What is the no recourse to public funds condition?

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?

How to make a complaint to the Home Office

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 1715: visa regime imposed on Dominica, Honduras, Namibia, Timor-Leste and Vanuatu

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

Tribunal must consider Home Office decisions in full even when not explicitly relied on by representative

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

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

Last traces of Nationality and Borders Act 2022 erased with abandonment of “differentiated status” for refugees

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