‘Accommodation used to house tens of thousands of asylum seekers, often the worst in the UK when it comes to damp and mould, will be excluded from a crackdown on landlords managing social housing, the Guardian has learned.’
The Guardian, 15th January 2024
Source: www.theguardian.com
‘The government has admitted that Rwanda still has “issues with its human rights record” despite claims by Rishi Sunak that it is a safe country.’
The Guardian, 11th January 2024
Source: www.theguardian.com
‘The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, Ubah Elmi Abdi and Mahrez Sharif Hassan’s applications for EEA family permits by failing to give them and their brother Ashkir Elmi Abdi, an EEA national on whom they claimed to be financially dependent, an opportunity to address the point on which it dismissed their appeal, i.e. the remittances demonstrating dependence did not come from him, based on a calculation showing that his declared income in the UK could not have supported the amounts he claimed to have sent, and therefore they were not financially dependent on him.’
EIN Blog, 10th January 2024
Source: www.ein.org.uk
‘The “No Recourse to Public Funds” Condition is imposed on grant of limited leave to remain which in effect means that the person holding that leave cannot obtain public funds. However, it is possible to ask the Home Office to lift the condition and there are special criteria to be met.’
EIN Blog, 2nd January 2024
Source: www.ein.org.uk
‘Almost 100,000 people seeking asylum in the UK are waiting for a decision amid growing claims that ministers have massaged official figures to try to show that they have cut the backlog of cases.’
The Guardian, 2nd January 2024
Source: www.theguardian.com
‘The High Court has ruled that the London Borough of Barnet failed to meet its duties towards a victim of child trafficking after he received no specialist support from either the council or the Home Office for several years.’
Local Government Lawyer, 21st December 2023
Source: www.localgovernmentlawyer.co.uk
‘As many readers will be aware, part of the Home Secretary’s recently announced “five-point plan” on immigration included a significant increase to the minimum income threshold for family visas under Appendix FM of the Immigration Rules.’
EIN Blog, 12th December 2023
Source: www.ein.org.uk
‘Rebecca, 28, a full-time PhD student in biosciences from Liverpool, and her partner, an Australian national working in higher education, are among thousands of couples facing separation and financial uncertainty because of the government’s decision to overhaul immigration rules. Among those affected will be skilled workers, international students, health and care workers from overseas and their family members.’
The Guardian, 7th December 2023
Source: www.theguardian.com
‘Expert lawyers who have been involved in the Rwanda case – or supported the challenge to the policy – have described new legislation as potentially setting up a politically explosive fight with both the Supreme Court and European Court of Human Rights.’
BBC News, 6th December 2023
Source: www.bbc.co.uk
‘An emergency bill published on Wednesday will assert that ministers have the power to ignore judgments that come from Strasbourg while stopping short of leaving or “disapplying” the European convention on human rights.’
The Guardian, 6th October 2023
Source: www.theguardian.com
‘The Court of Appeal has held that by refusing Mr Ozmen—a Turkish national—leave to remain in the UK as a businessperson pursuant to the European Community Association Agreement (or “ECAA”) between the UK and Turkey, the first instance decision-maker, the administrative reviewer and even the judge conducting a judicial review had all fallen into error in rejecting Mr Ozmen’s proposal on the basis of a superficial search resulting in wrong factual information about the viability of one potential customer. That flaw had undermined the decision-making at all levels. It was also quite irrational to reject the entire application on the basis of an analysis of evidence about the viability of one customer where the overall scheme of the evidence about four potential customers showed that there was broad demand for Mr Ozmen’s services. Mr Ozmen appealed against the dismissal of his claim for judicial review of the SSHD’s refusal to grant him leave to remain in the UK as a businessperson under the ECAA. He had arrived in the UK having been granted leave to enter as a short-term student in December 2019 and in May 2020, he applied for leave to remain here as a business person. His plan was to work as a mobile barber in and around the town of Glossop (Derbyshire) and he had submitted a detailed proposal with his application. On 15 March 2021, his application was refused and his administrative review application was unsuccessful on 7 February 2022 and he was advised to leave the country.’
EIN Blog, 5th December 2023
Source: www.ein.org.uk
‘A migrant fruit picker is suing a British farm in a landmark employment tribunal over claims she was underpaid, worked six-day weeks and had to buy her own protective equipment.’
The Independent, 3rd December 2023
Source: www.independent.co.uk
‘A haulage boss has been jailed today for his involvement in a people-smuggling network linked to the tragic deaths of 39 Vietnamese men, women and children in Essex.’
Crown Prosecution Service, 30th November 2023
Source: www.cps.gov.uk
‘Workers in some public sector jobs will be completely prevented from striking under restrictive rules that may breach international law, parliament’s watchdog on human rights has said.’
The Guardian, 28th November 2023
Source: www.theguardian.com
‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’
EIN Blog, 27th November 2023
Source: www.ein.org.uk
‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’
Oxford Human Rights Hub, 22nd November 2023
Source: ohrh.law.ox.ac.uk
‘On 15 November, the Supreme Court issued its much-awaited judgment in the case of AAA and others v the Home Secretary, commonly referred to as the Rwanda asylum policy case. The decision came notably quickly, almost a month after the case was heard, indicating the Court’s responsiveness to the urgency and the wider public interest surrounding the case. Despite the swift turnaround, the judgment was meticulously formulated, reflecting the serious implications of the case.’
UK Constitutional Law Association, 21st November 2023
Source: ukconstitutionallaw.org
‘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”.’
UK Constitutional Law Association, 22nd November 2023
Source: ukconstitutionallaw.org
‘Following judicial review proceedings brought by a destitute woman and her one-year-old daughter who were denied access to public funds, the Home Office has published a new policy instruction setting out the circumstances in which no recourse to public funds (‘NRPF’) conditions will be lifted for those on student leave.’
Garden Court Chambers, 10th October 2023
Source: www.gardencourtchambers.co.uk
‘An Albanian woman who acted as a fixer for people smugglers arranging small boat crossings to the UK has been jailed for seven and a half years, the National Crime Agency (NCA) said.’
The Independent, 19th November 2023
Source: www.independent.co.uk
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