Judge granted asylum seeker UK refuge after confusing Iraq with Iran – The Independent

Posted March 25th, 2025 in appeals, asylum, immigration, judges, news by tracey

‘An asylum seeker has been allowed to remain in Britain after a judge confused the country he fled from, Iraq, with Iran.’

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The Independent, 21st March 2025

Source: www.independent.co.uk

Migrants unlawfully housed at government’s flagship asylum site Wethersfield – The Independent

Posted March 17th, 2025 in asylum, housing, ministers' powers and duties, news by tracey

‘Home secretary Yvette Cooper acted unlawfully in housing three asylum seekers at a “prison-like” former RAF base, the High Court has found.’

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The Independent, 14th March 2025

Source: www.independent.co.uk

Number of UK asylum seekers awaiting appeals up by nearly 500% in two years – The Guardian

Posted March 17th, 2025 in appeals, asylum, delay, news, statistics by tracey

‘The number of asylum seekers left in limbo as they appeal against a rejected asylum application has risen by nearly 500% over two years, putting renewed pressure on the taxpayer, an analysis by the Refugee Council has found.’

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The Guardian, 16th March 2025

Source: www.theguardian.com

High Court judge says children who crossed Channel in boat can be returned to France pending determination of their asylum claims – Local Government Lawyer

Posted March 7th, 2025 in asylum, children, families, foreign jurisdictions, jurisdiction, news by Lily

‘A judge has ruled that the operation of immigration and asylum law no longer prevents the High Court from implementing a decision to return a child to another State before their asylum claim here has been determined by the Home Secretary, provided that the “general principle of non-refoulement” is upheld.’

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Local Government Lawyer, 6th March 2025

Source: www.localgovernmentlawyer.co.uk

Migrants and refugee families in the UK denied childcare funding, report finds – The Guardian

‘Tens of thousands of children in migrant and refugee families in the UK are being denied access to government-funded childcare because of benefit restrictions linked to their parents’ immigration status, a report says.’

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The Guardian, 7th March 2025

Source: www.theguardian.com

Mind the Empathy Gap: An Analysis of Agency and Emotional Encounters in the Asylum Appeals of Former Unaccompanied Asylum-Seeking Minors – Mental Capacity Law and Policy

Posted March 6th, 2025 in appeals, asylum, children, immigration, news, young persons by sally

‘The role of emotion in asylum processes is one that has gained attention in recent years. This article situates itself as a response to this emerging body of literature by shedding new light on how emotions shaped the asylum appeals of a group of former unaccompanied minors in England through the application of the new concept of “empathy gap.” Five socio-legal themes are used to structure the analysis: (i) age disputes, (ii) credibility, (iii) affective ties, (iv) right to voice, and (v) precarious legal status. It is the first article to explore in depth what happens during the asylum appeals process for former unaccompanied minors in Britain and the first to consider how questions of emotion affect their lived experiences of, and the process of, legal proceedings. The article has wider implications for how social processes and relations and informal processes, in particular emotions, influence formal legal proceedings leading to potential for unfair outcomes. The article finds that, to avoid empathy-enhanced reasoning becoming yet another variable leading to inconsistency in the judicial process, systematic training and monitoring are required. These findings carry implications far beyond the immediate context of UK asylum tribunals by offering empirically informed insights for theory and practice regarding the role of emotion in judicial proceedings, and therefore have enduring relevance.’

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EIN Blog, 5th March 2025

Source: www.ein.org.uk

Asylum seeker who lied about age loses appeal – BBC News

Posted February 20th, 2025 in appeals, asylum, children, deceit, immigration, news, young persons by tracey

‘An asylum seeker found to have “deliberately sought to mislead” about his age after arriving in the UK in a small boat has lost a challenge against the decision at the Court of Appeal.’

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BBC news, 19th February 2025

Source: www.bbc.co.uk

Special Forces blocked 2,000 credible asylum claims from Afghan commandos, MoD confirms – BBC News

‘UK Special Forces command rejected resettlement applications from more than 2,000 Afghan commandos who had shown credible evidence of service in units that fought alongside the SAS and SBS, the Ministry of Defence has confirmed for the first time.’

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BBC News, 17th February 2025

Source: www.bbc.co.uk

Provisions to treat unaccompanied asylum seekers as adults if they refuse scientific age assessments to be scrapped – Local Government Lawyer

‘Provisions that would see unaccompanied asylum seekers treated as adults if they refused a scientific age assessment without “reasonable grounds” are set to be scrapped by Government.’

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Local Government Lawyer, 11th February 2025

Source: www.localgovernmentlawyer.co.uk

Appealing Home Office decisions: understanding your rights and options – EIN Blog

Posted February 11th, 2025 in appeals, asylum, government departments, human rights, immigration, news, visas by tracey

‘The UK Home Office grants several million visas each year, and refusal rates (other than for asylum claims) are relatively low. If you do face the heartbreak of a negative decision, what can you do? Plans may have to change and futures rethought. However, in some cases, negative decisions can be appealed, and you can make your case to a Tribunal Judge. Not every decision can be appealed – often you will be given a right of administrative review, which is an internal Home Office process. It is important from the outset that you know what remedies you have if the Home Office does not grant your application.’

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EIN Blog, 11th February 2025

Source: www.ein.org.uk

Dismissal of Afghan judge’s application to relocate to UK was ‘correct’ – Law Society’s Gazette

Posted February 11th, 2025 in Afghanistan, asylum, immigration, judges, judicial review, news by tracey

‘The government’s decision to refuse an Afghan former judge’s application to move to the UK was “reasonable and correct”, the High Court has found.’

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Law Society's Gazette, 10th February 2025

Source: www.lawgazette.co.uk

Home Office ordered to pay £100,000 to asylum seeker whose life it ‘grossly restricted’ – The Guardian

‘The Home Office must pay £100,000 to an asylum seeker who was unlawfully detained before her ability to work, buy food and socialise was “grossly restricted”, the high court has said.’

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The Guardian, 6th February 2025

Source: www.theguardian.com

Research Briefing: Border Security, Asylum and Immigration Bill 2024-25 – House of Commons Library

Posted February 7th, 2025 in asylum, bills, government departments, immigration, news, refugees by Lily

‘The Border Security, Asylum and Immigration Bill was introduced in the House of Commons on 30 January 2025. Second reading, when MPs debate the purpose of the bill, is scheduled for 10 February 2025.This briefing focuses on the main provisions of the bill and its most significant clauses. The bill’s explanatory notes give further detail on other clauses. These and other accompanying documents, including an impact assessment, are available from the bill’s page on parliament.uk. Most provisions of the bill cover the entire UK.’

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House of Commons Library, 6th February 2025

Source: commonslibrary.parliament.uk

Homelessness – local connection and necessity – Nearly Legal

‘Hussaini v Islington London Borough Council (2025) EWCA Civ 22. Mr Hussaini was a refugee. He had been accommodated in Barking & Dagenham area. On grant of leave to remain, he applied as homeless to Islington. Islington decided he did not have a local connection to the borough and referred the application to Barking. Mr H sought a review and s.204 appeal but was unsuccessful on both. He appealed to the Court of Appeal.’

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Nearly Legal, 2nd February 2025

Source: nearlylegal.co.uk

Planned UK people-smuggling laws risk ‘criminalising’ asylum seekers, charities say – The Guardian

‘Keir Starmer’s planned people-smuggling laws risk “criminalising” hundreds of asylum seekers, refugee charities have said, after it emerged that people who refuse to be rescued by the French authorities could be jailed for five years.’

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The Guardian, 30th January 2025

Source: www.theguardian.com

New crime of endangering lives to target small boat crossings – BBC News

‘Endangering lives at sea is to be a new criminal offence carrying a jail term of up to five years as part of plans to tackle people smuggling, the Home Office says.’

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BBC News, 30th January 2025

Source: www.bbc.co.uk

Counter terror-style powers to strengthen ability to smash smuggling gangs – Home Office

‘New counter terror-style powers to identify, disrupt and smash people smuggling gangs will be introduced as part of landmark legislation to protect our borders.’

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Home Office, 30th January 2025

Source: www.gov.uk

Immigration Blog: A Guide to the First-tier Tribunal (Immigration and Asylum Chamber) Practice Direction 2024 – Garden Court Chambers

Posted January 24th, 2025 in appeals, asylum, chambers articles, immigration, news by sally

‘On 1 November 2024, the First-tier Tribunal (Immigration and Asylum Chamber) (FTT IAC) ushered in a new era with the publication of its latest Practice Direction (PD). This comprehensive document replaces previous iterations and Practice Statement No. 1 of 2022, signifying a considerable shift in the landscape of immigration and asylum appeals.’

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Garden Court Chambers, 19th December 2024

Source: gardencourtchambers.co.uk

Home Office ordered to provide adequate asylum accommodation to mother and severely disabled child following successful judicial review – Garden Court Chambers

‘In a judgment handed down on 18 December 2024, the High Court declared that the Secretary of State for the Home Department (‘SSHD’) breached her duty to provide adequate asylum accommodation under sections 95 and 96 of the Immigration and Asylum Act 1999. The High Court granted a mandatory order requiring the Claimants (C1 and C2) to be moved to adequate accommodation that would meet the needs of the C2, a severely disabled child.’

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Garden Court Chambers, 19th December 2025

Source: gardencourtchambers.co.uk

Cassandra Somers-Joce and Joe Tomlinson: When Are Public Bodies Legally Required to Proactively Collect Data? – UK Constitutional Law Association

‘In a recent Administrative Court decision, the Secretary of State for the Home Department was found to be in breach of the Public Sector Equality Duty (the “PSED”), contained in s.149 of the Equality Act 2010, due to failing to collect and monitor statistical equality data relating to the provision of asylum accommodation to vulnerable individuals. The judgment in R (DXK) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (“DXK”) builds upon a developing line of cases which have found that the duty to have ‘due regard’ under the PSED may require a decision maker to proactively obtain information, rather than simply to consider existing information. It also provides an interesting exploration of the relationship between the circumstances in which the PSED will require the collection of information by a public body decision maker, and the common law duty of inquiry.’

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UK Constitutional Law Association, 20th January 2025

Source: ukconstitutionallaw.org