Adam Tucker: The Rwanda Policy, Legal Fiction(s), and Parliament’s Legislative Authority – UK Constitutional Law Association

‘Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends to “take the extraordinary step of introducing emergency legislation” which “will enable Parliament to confirm that… Rwanda is safe”.’

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UK Constitutional Law Association, 22nd November 2023

Source: ukconstitutionallaw.org

Unanimous Supreme Court: Rwanda removals are unlawful – UK Human Rights Blog

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’

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UK Human Rights Blog, 15th November 2023

Source: ukhumanrightsblog.com

Immigration Blog: Age Assessments – More Than Just a Number – Garden Court Chambers

Posted November 16th, 2023 in asylum, chambers articles, children, deportation, detention, immigration, news by sally

‘In the immigration rules (352ZD) the definition of an Unaccompanied Asylum-Seeking Child (“UASC”) is broad and aimed at child protection. It expressly includes children who lodged their claim whilst they were under 18 (even if they have since turned 18); their age is set in time at point of entry. This is no longer the case under section 4 IMA. On 5 July 2023, the government published a children’s rights impact assessment of the IMA, finding that it would “protect children from the risk of death, trafficking.” The Children’s Commissioner responded: “I am far from convinced that is the case. Indeed, I am concerned that the threat to a child of deportation at 18 will be a gift to traffickers, as children will feel less able to seek help from professionals and instead go missing into the hands of exploiters.”’

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Garden Court Chambers, 2nd October 2023

Source: www.gardencourtchambers.co.uk

Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

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The Guardian, 15th November 2023

Source: www.theguardian.com

Supreme court rules Rwanda plan unlawful: a legal expert explains the judgment, and what happens next – EIN Blog

‘The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful.’

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EIN Blog, 15th November 2023

Source: www.ein.org.uk

What is the ECHR and how does it relate to the Rwanda migrants policy? – The Independent

‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

Asylum backlog of older cases down by nearly half since July – The Independent

Posted November 16th, 2023 in asylum, delay, government departments, immigration, news, statistics by sally

‘The backlog of older cases in the UK asylum system fell by nearly half between July and October, new figures show.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

How the UK government’s Rwanda asylum plan came unstuck – The Guardian

‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

Supreme Court rules Rwanda asylum policy unlawful – BBC News

‘The UK’s highest court has ruled the Rwanda asylum policy is unlawful.’

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BBC News, 15th November 2023

Source: www.bbc.co.uk

UK supreme court to rule on legality of plan to send asylum seekers to Rwanda – The Guardian

‘Rishi Sunak’s government will discover next Wednesday whether its flagship immigration policy of sending asylum seekers to Rwanda is lawful.’

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The Guardian, 9th November 2023

Source: www.theguardian.com

Afghan former interpreter with British army resettles in UK after legal battle – The Guardian

‘An Afghan former interpreter with the British army has resettled in the UK with his family after a lengthy legal battle with the government, more than two years after being initially approved for relocation.’

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The Guardian, 8th November 2023

Source: www.theguardian.com

Child asylum seekers in UK forced to share hotel rooms with adults – The Guardian

Posted October 30th, 2023 in asylum, children, government departments, housing, immigration, news, refugees by tracey

‘Child asylum seekers are being forced to share hotel rooms with adults, as the Home Office’s new hotel “maximisation” programme begins doubling the capacity of refugee hotels by putting two strangers in roomsspaces that were previously single occupancy, a charity has warned.’

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The Guardian, 30th October 2023

Source: www.theguardian.com

Are Stateless Claimants Disadvantaged Within Asylum Procedures? New Evidence from the UK Context – EIN Blog

Posted October 27th, 2023 in asylum, citizenship, immigration, news, refugees by sally

‘This blog post introduces new research, conducted as part of the #StatelessJourneys project, into the challenges faced by stateless claimants within asylum procedures in the UK context. The study focuses on the experiences of stateless Kurds from Syria in the UK, revealing hurdles related to civil documentation, cultural understanding, and language analysis. These findings emphasize the need for more statelessness-sensitive procedures and policy changes, both in the UK and within other countries of asylum across Europe.’

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EIN Blog, 26th October 2023

Source: www.ein.org.uk

Government faces legal challenge over ‘unlawful segregation’ of asylum seekers – The Guardian

Posted October 26th, 2023 in asylum, housing, ministers' powers and duties, news, statutory duty by sally

‘The Home Office has been accused of unlawfully segregating asylum seekers from the local population based on their nationality by “falsely imprisoning” them on a remote Essex airbase.’

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The Guardian, 25th October 2023

Source: www.theguardian.com

What’s happening with the Afghan relocation legal challenges? – EIN Blog

Posted October 25th, 2023 in Afghanistan, asylum, government departments, immigration, news, Pakistan, refugees by sally

‘Under legal pressure, the UK government has reversed its policy requiring at-risk Afghans seeking relocation to the UK to first obtain suitable accommodation. This post outlines the background and provides an overview of the current legal challenges afoot.’

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EIN Blog, 24th October 2023

Source: www.ein.org.uk

Government consults on safe and legal routes for refugees – Home Office

‘Local authorities will be consulted on plans to determine an annual cap on the number of refugees resettled in the UK each year, based on the UK’s capacity to accommodate and support people coming to the UK via safe and legal routes, as the government continues work to deliver its plan to stop the boats.’

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Home Office, 20th October 2023

Source: www.gov.uk

Suspended quashing orders and rolling judicial review as a means of monitoring compliance – Doughty Street Chambers

Posted October 19th, 2023 in asylum, chambers articles, children, housing, judicial review, local government, news by sally

‘The recent judgment of Chamberlain J in R (ECPAT UK) v Kent CC, SSHD [2023] EWHC 2199 (Admin) (‘the ECPAT UK relief judgment’) provides a helpful example of the use of the new power under section 29A(1)(a) Senior Courts Act 1981 to suspend quashing orders, and the circumstances under which “rolling” judicial review may be appropriate to monitor compliance with a court order.’

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Doughty Street Chambers, 4th September 2023

Source: insights.doughtystreet.co.uk

Immigration Blog: Illegal Migration Act – An Asylum Apocalypse? – Garden Court Chambers

‘On 20 July 2023, the Illegal Migration Act 2023 (“IMA”) received Royal Assent and so passed into law. Whilst the detail of the Act’s provisions are complex, its message is simple: those entering without permission are not welcome in our home, and will not be allowed to remain. Though technically the Act applies to any person who enters the UK without permission, the clear focus of attention has been on asylum seekers.’

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Garden Court Chambers, 15th September 2023

Source: www.gardencourtchambers.co.uk

Bibby Stockholm: Resident loses High Court fight over Portland migrant barge – BBC News

‘There will not be a judicial review into the Home Office’s use of a barge to house asylum seekers.’

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BBC News, 11th October 2023

Source: www.bbc.co.uk

Caring for unaccompanied children – Law Society’s Gazette

Posted October 10th, 2023 in asylum, children, immigration, local government, news by sally

‘In a sorry adjunct to the debate on the government’s asylum and immigration policies, the recent High Court case of R(ECPAT) v Kent County Council & others [2023] EWHC 1953 (Admin) has provided a concerning insight into the government’s approach to the reception of children into the UK who have no adult to accompany or care for them.’

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Law Society's Gazette, 6th October 2023

Source: www.lawgazette.co.uk