Category: immigration

Lessons from R (Andrews) v SSHD [2025]: The Risks of Relying Solely on Home Office Guidance – EIN Blog

Posted January 27th, 2025 in employment, immigration, news, regulations, visas, volunteers by tracey

‘The High Court’s recent judgment in R (Andrews) v Secretary of State for the Home Department [2025] EWHC 64 (Admin), handed down on 17 January 2025, underscores the critical importance of adhering strictly to the Immigration Rules when navigating the UK immigration system. The judgment highlights that you cannot rely solely on Home Office guidance, which does not carry the same legal authority as statutory provisions or the Immigration Rules.’

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EIN Blog, 27th January 2025

Source: www.ein.org.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

Why employers must review their employment contracts after 31.12.2024: Legality of clawback clause – EIN Blog

Posted January 20th, 2025 in employment, government departments, immigration, news by tracey

‘As of 31 December 2024, the Home Office introduced significant updates to its guidance for sponsors of Skilled Workers and Temporary Workers. These changes explicitly prohibit employers from passing specific sponsorship costs onto workers, reinforcing compliance requirements for sponsors. This article explores the key updates, legal implications, and best practices for employers to protect their business and sponsor licence.’

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EIN Blog, 20th January 2025

Source: www.ein.org.uk

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

Posted January 20th, 2025 in asylum, constitutional law, equality, government departments, immigration, news, pregnancy by tracey

‘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

Expert Evidence in Immigration and Asylum Appeals – EIN Blog

Posted January 8th, 2025 in appeals, asylum, expert witnesses, immigration, news, video recordings by sally

‘In the second in a series of videos on November 2024’s new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal, barrister Adam Pipe explains the significant new requirements for expert evidence and expert reports.’

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EIN Blog, 7th January 2024

Source: www.ein.org.uk

UK Immigration: a year in review and 2025 forecast unveiled – Kingsley Napley Immigration Law Blog

Posted December 20th, 2024 in immigration, news by sally

‘A new Government, big immigration rule updates and of course the UK immigration system going fully digital: 2024 was a year full of upheavals and change!’

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Kingsley Napley Immigration Law Blog, 19th December 2024

Source: www.kingsleynapley.co.uk

Immigration Newsletter (December 24) – 4 KBW

Posted December 19th, 2024 in asylum, chambers articles, immigration, litigation friends, news by tracey

‘Immigration Newsletter (December 24).’

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4 KBW, 19th December 2024

Source: www.4kbw.co.uk

Previous breaches of the Immigration Rules and the impact on entry clearance applications – EIN Blog

Posted December 19th, 2024 in families, government departments, immigration, married persons, news by sally

‘On 1 December 2020, the Immigration Rules were amended to introduce what are described as a “more robust and consistent framework” against which immigration applications are assessed or permission cancelled on suitability grounds.’

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EIN Blog, 18th December 2024

Source: www.ein.org.uk

Watchdog says police unprepared for scale of riots – BBC News

Posted December 19th, 2024 in immigration, murder, news, ombudsmen, police, public order, violent disorder by sally

‘Police were unprepared for the scale of disorder that broke out in part of the UK following the Southport knife attacks, a police watchdog has found.’

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BBC News, 19th December

Source: www.bbc.co.uk

UK unlawfully detained migrants on Diego Garcia, judge finds – BBC News

Posted December 17th, 2024 in asylum, detention, Diego Garcia, immigration, news, Sri Lanka by tracey

‘Sri Lankan Tamil migrants were unlawfully detained for years on the remote British territory of Diego Garcia, a judge has ruled.’

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BBC News, 16th December 2024

Source: www.bbc.co.uk

No Recourse to Public Funds and Article 3: Proving Systems Duty Breaches – EIN Blog

Posted December 16th, 2024 in delay, human rights, immigration, ministers' powers and duties, news by tracey

‘In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain.’

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EIN Blog, 13th December 2024

Source: www.ein.org.uk

UK and Germany set out joint action for people smuggling law reform – Home Office

Posted December 16th, 2024 in criminal justice, government departments, immigration, news, trafficking in human beings by tracey

‘UK and Germany agree landmark plan to break the business model of people smuggling gangs, with Germany confirming intention for law change.’

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Home Office, 10th December 2024

Source: www.gov.uk

Rotherham rioter who tried to burn down asylum seeker hotel jailed for nine years – The Guardian

Posted December 13th, 2024 in arson, asylum, hotels, immigration, imprisonment, news, public order, racism, sentencing, violent disorder by sally

‘A rioter who tried to set fire to a hotel housing asylum seekers has been jailed for nine years – the joint highest sentence passed down so far for the nationwide disorder over the summer.’

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The Guardian, 12th December 2024

Source: www.theguardian.com

Prince Andrew ‘confidant’ loses appeal on UK ban over national security – The Guardian

Posted December 13th, 2024 in appeals, China, immigration, news, royal family by sally

‘A Chinese businessman described as a “close confidant” of the Duke of York has lost an appeal over a decision to bar him from entering the UK on national security grounds.’

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The Guardian, 13th December 2024

Source: www.theguardian.com

Pilot of Channel inflatable loses bid to appeal against manslaughter verdict – The Guardian

Posted December 12th, 2024 in appeals, asylum, homicide, immigration, imprisonment, news, sentencing, trafficking in human beings by sally

‘A man convicted of manslaughter after four people died as he steered a boat across the Channel has lost his attempt to challenge his convictions and sentence.’

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The Guardian, 11th December 2024

Source: www.theguardian.com

Linking skills with visas? Just make sure the Immigration Skills Charge does what it says on the tin – Kingsley Napley Immigration Law Blog

Posted December 11th, 2024 in immigration, migrant workers, news, visas by sally

‘In his speech last week, Sir Keir Starmer, the UK Prime Minister, announced plans to publish a White Paper which will link the ability to sponsor migrant workers to training “people here in our country”.’

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Kingsley Napley Immigration Law Blog, 9th December 2024

Source: www.kingsleynapley.co.uk

How to apply for entry clearance for Victims of Transnational Marriage Abandonment – EIN Blog

Posted December 9th, 2024 in domestic violence, families, immigration, marriage, married persons, news, Pakistan, victims, visas by sally

‘Since 31 January 2024, victims of transnational marriage abandonment can apply for a visa to return to the UK. This follows the landmark case of R on the application of AM -v- Secretary of State for the Home Department 2022.’

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EIN Blog, 8th December 2024

Source: www.ein.org.uk

Refugees in Home Office hotels will be given twice as long to find new accommodation before eviction – The Independent

Posted December 6th, 2024 in asylum, government departments, hotels, housing, immigration, news, refugees, time limits, visas by michael

‘The Home Office has extended the grace period that an asylum seeker has to transition from supported housing to their own accommodation from 28 to 56 days. The move is a victory for councils and charities who have been pressing the government for the change.’

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The Independent, 5th December 2024

Source: www.independent.co.uk

Evidencing Article 3 Systems Duty Breaches – UK HUman Rights Blog

Posted December 4th, 2024 in human rights, immigration, news by tracey

‘In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain.’

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UK Human Rights Blog, 4th December 2024

Source: ukhumanrightsblog.com

Rogue employers will be banned from hiring overseas workers – Home Office

Posted December 2nd, 2024 in employment, government departments, immigration, minimum wage, news, visas by tracey

‘Shameless businesses who commit serious offences will be banned from sponsoring overseas workers to crack down on visa abuse and prevent exploitation.’

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Home Office, 28th November 2024

Source: www.gov.uk