Category: immigration

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 sally

‘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 sally

‘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

Hundreds arrested in New Year illegal worker blitz – BBC News

Posted February 10th, 2025 in bills, deportation, employment, government departments, immigration, news, statistics by sally

‘Hundreds of migrants have been arrested since the start of this year as part of a UK-wide crackdown on illegal working, the government has said.’

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BBC News, 10th February 2025

Source: www.bbc.co.uk

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

Posted February 7th, 2025 in asylum, damages, detention, families, government departments, human rights, immigration, news, Pakistan, visas by sally

‘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 sally

‘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.’

Full Briefing

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House of Commons Library, 6th February 2025

Source: commonslibrary.parliament.uk

Immigration rules keep changing, and the confusion can cause real problems for migrants – EIN Blog

Posted February 5th, 2025 in computer programs, documents, government departments, immigration, news by sally

‘A nationwide plan to digitise immigration documents recently came into force. Since January 1, millions of foreign nationals who live in the UK must now use digital-only status documents, as all biometric residence permits expired at the end of 2024.’

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EIN Blog, 3rd February 2025

Source: www.ein.org.uk

Homelessness – local connection and necessity – Nearly Legal

Posted February 4th, 2025 in appeals, asylum, homelessness, housing, immigration, local government, medical treatment, mental health, news, refugees by sally

‘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

Posted January 31st, 2025 in asylum, bills, charities, children, criminal justice, families, government departments, immigration, news, refugees, trafficking in human beings by sally

‘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

Posted January 31st, 2025 in asylum, bills, charities, criminal justice, government departments, immigration, imprisonment, news, refugees, trafficking in human beings by sally

‘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

Posted January 31st, 2025 in asylum, bills, criminal justice, gangs, government departments, immigration, imprisonment, news, refugees, trafficking in human beings by sally

‘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

Veteran barrister disbarred for ‘recklessly misleading’ tribunal – Legal Futures

Posted January 31st, 2025 in barristers, disciplinary procedures, immigration, judicial review, news, professional conduct, tribunals by sally

‘A veteran barrister who attempted to recklessly mislead the court and failed to provide his direct access client with a competent service has been disbarred.’

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Legal Futures, 29th January 2025

Source: www.legalfutures.co.uk

Litigation Friends in the Immigration Tribunals – EIN Blog

Posted January 30th, 2025 in immigration, litigation friends, news, tribunals by sally

‘Barrister Adam Pipe explains the role and appointment of litigation friends in the Immigration Tribunals following December’s new Joint Presidential Guidance No. 1 on the appointment of litigation friends in the Upper Tribunal (Immigration and Asylum Chamber) and First-tier Tribunal (Immigration and Asylum Chamber).’

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EIN Blog, 28th January 2025

Source: www.ein.org.uk

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 sally

‘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 sally

‘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 sally

‘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 sally

‘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