Show Notes
Jasmine is back with Mala Savjani, partner at Wilsons Solicitors, for August's round up of immigration law news. Mala talks through the latest quarterly statistics which show immigration, asylum and citizenship numbers all falling, and why the Supreme Court found an illegal working civil penalty notice to be invalid. We discuss two important Upper Tribunal cases, one sets out what makes a good country expert report, and the other is the long-awaited country guidance on Albanian male victims of trafficking. We also cover the statement of changes lifting work restrictions for skilled workers with a positive conclusive grounds decision (more on that next month), and a case on the restricted nature of Article 8 family life. Jasmine explains why an appeal brought for a child without valid instructions is no appeal at all and the importance of evidencing future intentions in the UK when it comes to registering a child as British under section 3(1) of the British Nationality Act. Plus lots more. Immigration statistics (00:28) Latest immigration statistics: immigration, asylum and citizenship numbers all fall
Asylum and protection (04:02) Upper Tribunal provides guidance on what makes a good country expert report New Country Guidance case for Albanian male victims of trafficking Home Office concedes that trafficking survivors with skilled worker visas can have their leave varied to VTS leave
Family (15:01) Court of Appeal reiterates restricted nature of Article 8 family life
Children (17:45) An appeal brought on behalf of a child without valid instructions is no appeal at all
Work (20:35) Supreme Court finds illegal working civil penalty notice invalid for failing to specify the basis for liability
Citizenship (23:14) Challenge to citizenship refusal under section 3(1) by stateless children refused for lack of supporting evidence
Visitors (25:56) Gaza visit visa refusal amounted to a human rights refusal despite the wording of the decision letter Visitor visa applicants must be allowed to respond to ‘not genuinely seeking entry’ allegation
New briefings (32:42) How to respond to the Home Office if a sponsor’s licence is suspended How to handle counter-allegations in domestic abuse cases Why does a positive trafficking decision not automatically establish an asylum claim? How to apply for immigration bail
More from Free Movement
The big news last month was statement of changes HC 584 which introduces a new form of relief for skilled workers who are recognised as victims of modern slavery, and makes changes to how section 3C leave is used, amongst other things. Jasmine covers the Immigration Advice Authority’s announcement that it is overhauling its competence assessments and explains how candidates can prepare for the changes. On the case law front, we look at the case of an Albanian national who was deported despite being recognised as a victim of trafficking. We also discuss a relatively novel procedural decision in which the First-tier Tribunal treated an appeal as abandoned. Isaac talks us through the new ‘single protection interview’ guidance and what it is likely to mean in practice. Finally, we cover several developments in compliance and enforcement for skilled worker sponsor licence holders. The Home Office is tightening enforcement, and licence revocations are at an all time high, particularly in the care sector. All that and more.
Isaac Abraham is back to join Jasmine for this month's episode. It's a bit of a longer one this month as we dedicated the first section to the big news that was the Immigration and Asylum Bill. Isaac has explained the bill's different parts and its passage through Parliament so far. Jasmine goes through the most recent statement of changes and then a number of cases, including a successful challenge from a trafficking victim who was forced at gunpoint to steer a small boat across the Channel. Isaac looks at two separate Home Office actions that have been found unlawful, including the secret policy capping trafficking leave to 12 months and the removal of the right to request reconsideration of a trafficking decision. There were also two quite shocking fraud cases and a reminder to solicitors to watch out for 'red flags'. We also highlight the changes to right to work checks coming in from 1 October. Plus much more!
In this month's round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover the latest tribunal statistics, which make for grim reading as the asylum appeals backlog has climbed past 87,000 cases. With roughly twice as many cases coming in as going out, anyone lodging an appeal now faces a wait of close to three years. Mala then unpacks the judicial review challenges to the Home Office's good character citizenship policy. Jasmine and Mala also cover a Court of Appeal decision on Iranian sur place claims, a win for Freedom from Torture and the Helen Bamber Foundation over asylum accommodation protections, and a curious split between the English and Scottish courts on age assessments. Plus, the new compliance regime for universities, the English language test fraud allegations saga, settlement and more!
This month, Jasmine is joined by Isaac Abraham, a solicitor at the Islington Law Centre. They discuss the King’s speech and the latest immigration statistics, which show a fall in net migration and asylum claims, but a steadily growing appeals backlog. The number of sponsor licence revocations has also shot up. Jasmine interviewed Luke Piper last month about the devastation this is causing to sponsored workers, particularly in the health and care sector. Isaac discusses a number of new cases including a challenge by Syrian asylum seekers against removal to Bulgaria based on article 3 grounds and what happens to someone’s entitlement to benefits when they are subject to deportation proceedings. Jasmine talks about the problems that UK universities are creating for international student entrepreneurs and elsewhere there has been a judicial review challenge to the Home Secretary’s decision to grant temporary protection status of only 30 months to refugees. All this and much more!
In the April round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover April’s most significant developments, which includes a Court of Appeal decision on what past ill-treatment actually has to look like to amount to persecution, a landmark European Court of Human Rights ruling on returns to Afghanistan, and a High Court judgment looking at whether single hotel rooms are ‘adequate’ for asylum-seeking families. They also discuss the ongoing saga of the last person stranded on Diego Garcia and practical guidance on domestic abuse cases where survivors fall outside the rules. Plus costs applications, surrogacy, sponsor right to work checks, and more.