Updates and comment on UK immigration law
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 and legal” routes for those in Afghanistan and Gaza. Sonia nerds it up over archived Home Office guidance and we cover several new cases. The episode ends with a discussion of the upcoming general election and some hopes (and some lack of hope) for a new government.
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
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
Human rights (19:40)
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
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.
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
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
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?
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?
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
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
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?
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
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?
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