Show Notes
July was actually a fairly busy month! Join Sonia and Barry as they run you through what happened, including the changes to the skilled worker route, everything that happened on Afghan resettlement, recent changes to the EU Settlement Scheme and the latest instalment in a far too long running Palestinian case. An article from BID flagging up a really important change being proposed to cautions got a huge number of views and has hopefully helped to raise awareness.
Other cases included one involving a questionable practice by the Home Office relating to people in prison, a successful challenge to a sponsor licence revocation. Barry and Sonia also discussed the wisdom of civil penalty appeals, the latest on climate change litigation and an important update for anyone filing judicial reviews in the Administrative Court. That's not even all of it!The 43 minute long podcast follows the running order below: Statement of changes (00:50) Afghan scheme closed immediately and major changes to skilled worker route – statement of changes: HC 997
Asylum (02:10) Secret Afghan resettlement scheme set up after government data breach Successful challenge to transparency of Triples review of Afghan resettlement rejections What does the ICJ’s advisory opinion on climate change mean for displaced people? The Climate Mobility Case Database: a new movement to advance the rights of climate-displaced communities Palestinian family succeed in their latest battle to reach the UK
Deportation (12:30) Concern over new police powers to ensure more foreign nationals are removed from the country Home Office failed to consider human rights claim before making deportation decision Detention (18:40) Student held to be unlawfully detained after Home Office wrongly cancels leave
Work routes (19:50) Extending a skilled worker visa without a certificate of sponsorship Care provider successfully challenges revocation following Home Office salary miscalculations Failed challenge shows that civil penalty appeals can be unappealing
EUSS (28:50) Changes to the absence rules for EU Settlement Scheme How does absence from the UK work under the EU settlement scheme?
Procedure (34:00) Which settlement category (and form) to use when completing ten years of lawful residence Upper Tribunal decision on evidential flexibility and accepting new evidence in administrative reviews Administrative Court gives guidance on handling e-filing issues
Updated (41:00) There is no 180 day a year rule for visitors to the UK Naturalising as a British citizen: the intention to settle requirement What is the immigration skills charge? Briefing: what is the English language requirement?
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.
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
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!