Episodes
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Barry returns and joins Sonia to run you through November on Free Movement. It was statistics galore for Sonia who covered the latest immigration, asylum and trafficking figures. A surprise statement of changes contained bad news for Colombians and Ukrainians. Barry was a really big fan of Colin's review of the latest Paddington movie and enthusiastically endorsed Alex Piletska's suggestion that the referee requirement for citizenship applications is scrapped. There were also several cases covered, including a detailed explanation from Sonia of the implications of the latest challenge to the no recourse to public funds policy. Full details of all the posts we covered can be found below.
The 50 minute podcast follows the running order below:
General immigration (00:40)
Statistics for July to September 2024 show health and care worker and student numbers continuing to fall
Safe options for Ukrainians and Colombians coming to the UK shut down in latest statement of changes
Asylum (03:50)
Appeals lodged in the First-tier Tribunal up 53% and continued “significant increase” of asylum appeals expected
States cannot refuse asylum claims by LGBTQI+ people based on the ‘discretion test’ alone
Trafficking referrals and decisions at record high in latest statistics
Unlawfully withdrawn asylum claim results in quashing of trafficking reconsideration refusal
Regulation (14:10)
OISC adviser who worked beyond his authorisation loses appeal against cancellation of registration
Law Society reaccreditation exam: how to prepare and what to expect
EUSS (19:50)
Lack of appeal against rejection of late EUSS applications does not breach Withdrawal Agreement
Independent Monitoring Authority asks Home Office for clarity on border issues for those with pending EUSS applications
EEA national appellant in prison on 31 December 2020 deemed not to be exercising treaty rights
Nationality (28:00)
An immigration lawyer reviews Paddington in Peru: A very British bear
“But I don’t know any barristers” – the case for scrapping the referee requirement for citizenship applications
Work routes (34:00)
Court of Appeal dismisses challenge to employer penalty notice
Detention (37:10)
Inspection report concludes that Brook House is less safe than two years ago
Deportation (38:25)
Court of Appeal gives further guidance on assessing seriousness of an offence in deportation cases
Human rights (42:30)
High Court finds no lawful system in place for expediting change of conditions applications
Updates (47:30)
General grounds for refusal: understanding re-entry bans
A guide to right to work checks
How to apply for a skilled worker visa
Will I need Electronic Travel Authorisation to enter the UK?
Briefing: how to apply for a high potential individual visa
Can asylum seekers work while waiting for a decision on their case?
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Colin's back! But for how long? All is revealed in our October roundup podcast. Plus Sonia and Colin discuss hot topics such as the new practice direction for appeals in the First-tier Tribunal, appeals backlogs, issues in asylum interviews and reaccreditation for the Law Society's immigration and asylum scheme.
We also cover the latest Supreme Court decision on the best interests of children, a case involving some serious administrative failings at the Court of Appeal, climate change and refugees and the latest inspection report from the Independent Chief Inspector of Borders and Immigration. On work routes we cover posts explaining which routes can lead to settlement, the latest round of litigation on care home sponsor licence revocation and whether the skilled worker pay thresholds create an equal pay issue. All this and much more (and no politics!).
The 38 minute podcast follows the running order below:
Procedure (01:30)
New Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal issued
Court of Appeal apologises and grants four year extension of time after administrative failings
Administrative Court reminds practitioners of the need for an application when seeking to rely on expert evidence
When can someone be refused a passport because of their name?
Supreme Court says that statutory duty regarding children does not apply to the First-tier Tribunal
Law Society immigration reaccreditation scheme: how does it work and how can we help?
Asylum (11:40)
Asylum appeal backlog rises to 33,000 cases, likely to rise further
Asylum interviews: what can go wrong and what can you do about it?
Advancing legal rights in the context of climate and disaster displacement
How child relatives of refugees can apply to enter or remain in the UK
Asylum delay challenge dismissed by High Court of Justice in Northern Ireland
Inspection of asylum accommodation reiterates need for the Home Office to listen to others
Spain ordered to pay compensation for failures in trafficking case
Deportation (23:30)
Can a European national be deported on ‘imperative grounds of public security’ based solely on the barbarity of their crime?
Work routes (25:40)
How to use the creative worker visa concession
Care home operator’s sponsor licence revoked for supplying sponsored workers to third parties
Which work visa routes lead to settlement?
What are the immigration dimensions to the new Employment Rights Bill?
Do the skilled worker salary threshold increases create an equal pay issue for employers?
EU Settlement Scheme (33:00)
EU Settlement Scheme: curtailment of pre-settled status after no longer meeting the rules
Family (34:40)
Ensuring confidentiality and safety in overseas immigration applications based on same sex relationships
Updates (36:15)
Youth Mobility visa: what is it and how does it work?
Briefing: applications for adult dependent relatives
How to apply for leave to remain as a bereaved partner
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Missing episodes?
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In this episode of the podcast Barry does everyone a big favour by taking us through the autumn statement of changes in detail. Sonia and Barry also have a bit of a call to arms on discretionary grants of indefinite leave toremain and tackling the ten year route. The importance of scrutinising country policy and information notes in asylum claims is covered over a few different articles. Barry goes through the minefield of travelling with leave under Appendix EUSS or a pending application, as well as the additional powers given to Border Force officials to cancel leave granted under Appendix EUSS at the border. Sonia really really doesn't want people to abuse the fee waiver process. We also cover Windrush and freedom of information requests, a successful Tier 1 (Entrepreneur) judicial review, the latest on biometric residence permits and eVisas, and more. We finish up with a look at the recent legal aid challenge and what the next steps look like there.
The hour long podcast follows the running order below:
General immigration (00:30)
Statement of changes HC 217: fee waivers for bereaved partners, visa regime imposed on Jordan
Home Office confirms error in immigration rules and directs skilled worker sponsors to updated guidance
Asylum (10:30)
A troubling new approach to Afghan asylum claims
Inspection of Home Office’s country guidance on Rwanda includes concerns about methodology and omission of evidence
Concerns raised about Home Office use of country information in new report on LGBTQI+ people in Georgia
Detention (20:14)
Significant damages for victim of abuse at Brook House
Human rights (21:35)
Nelson Shardey and the ten year route to settlement: running an effective legal challenge and campaign
Sponsored migration (28:00)
‘New entrants’ salary discounts for the skilled worker route: who can benefit and how well does it work
Challenge to refusal of Tier 1 (Entrepreneur) extension succeeds due to Home Office errors
International recruitment and skills shortages: what can we expect from the Migration Advisory Committee’s review?
EU Settlement Scheme (34:55)
Upper Tribunal provides guidance on the deportation of EU nationals for post-Brexit conduct
Travelling to the UK with (and without) status under the EU Settlement Scheme
Procedure (42:55)
The risks of making a fee waiver application for the purpose of “buying time” to make a different application
General grounds for refusal: alleged deception, false information and innocent mistakes
Tribunal forces Home Office to publish report on the racism that underpinned the Windrush scandal
Report published on “The Historical Roots of the Windrush Scandal”
eVisas (49:15)
How to make a “no time limit” application
Lost or stolen biometric residence permits will no longer be replaced
Updated (50:30)
What happens when biometric residence permits expire in December 2024?
How to apply for a visa as the parent of a child in the UK
Pursuing compensation from the Home Office
Briefing: what is section 3C leave?
How to become a level 1 OISC adviser in immigration law
Good news! (53:10)
Lord Chancellor settles challenge to immigration and asylum legal aid rates
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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?
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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.
The 53 minute podcast follows the running order below:
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
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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?
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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.
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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 “safeand 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
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?
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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
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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
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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?
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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?
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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
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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
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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 removedReflections 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?
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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.
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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?
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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
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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
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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
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