Show Notes
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Unlawfully withdrawn asylum claim results in quashing of trafficking reconsideration refusal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?
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!