Legal Updates

• Pre action letter challenging Safety of Rwanda policy sent on behalf of Asylum Aid May 3, 2024
  Leigh Day, instructed by Asylum Aid, have today sent a pre action letter challenging the lawfulness of certain aspects of the Safety of Rwanda guidance that was published on Monday 29 April 2024. The pre action letter is being shared widely within the immigration law sector (see below) so that the arguments contained within it […]
• Inspection report on Afghan resettlement schemes reveals another secret pause on processing cases May 3, 2024
  The Independent Chief Inspector of Borders and Immigration’s report on the Afghan relocation and resettlement schemes reveals yet another undisclosed pause on cases, this one relating to grants of entry clearance for those who met the requirements of the Afghan Relocations and Assistance Policy (ARAP). Between October 2022 and March 2023 the Independent Chief Inspector […]
• Job Ad: The Refugee and Migrant Centre is recruiting Caseworkers (OISC Level 1, 2 and 3) May 3, 2024
  About us The Refugee and Migrant Centre (RMC) is an established, multi award winning charity that provides a safe, welcoming environment to thousands of refugees and migrants living in the Black Country and Birmingham. Our highly skilled and diverse staff team provide a broad range of services including advice and support on immigration (OISC regulated […]
• High Court dismisses rest of challenge to family reunion rules for child refugees May 2, 2024
  The second part of a challenge to the family reunion rules that exclude child refugees from bringing their family to the UK has been dismissed by the High Court. The case is R (DM) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2024] EWHC 967 (Admin) and we […]
• New Tribunal Procedure Rules for Illegal Migration Act appeals published May 1, 2024
  As I predicted earlier today, the Lord Chancellor has today laid The Tribunal Procedure (Upper Tribunal) (Immigration and Asylum Chamber) (Amendment) Rules 2024 before Parliament. Ominously, these rules are to come into force “immediately after the coming into force of section 2 (duty to make arrangements for removal) of the Illegal Migration Act 2023”. These […]
• Lord Chancellor to make Tribunal Procedure Rules for appeals under the Illegal Migration Act May 1, 2024
  The Illegal Migration Act 2023 (Commencement No. 2) Regulations 2024 have brought section 50 of the Illegal Migration Act 2023 into force from today. As set out in the explanatory notes, section 50(1) of the Act says that the first time that Tribunal Procedure Rules are made in relation to section 44 to 49 of […]
• A varied application can be refused where false representations were used in the original application May 1, 2024
  In Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 the Court of Appeal has said that paragraph 322(1A) of the immigration rules (mandatory ground for refusal where false representations are used) applies to an application which has been varied by a later application in which false representations were not used. […]
• Free Movement Weekly Immigration Newsletter #17 April 30, 2024
  Welcome to the weekly Free Movement newsletter! First of all, a quick reminder that our membership prices are going up on Wednesday this week (1 May).  It’s been a week. On Tuesday morning, hours after the Safety of Rwanda Act completed its final stages in parliament, five people included a little girl died while trying to make the journey across the […]
• Briefing: Safety of Rwanda Act – what happens now? April 30, 2024
  I have set out below what the legal process is for sending a person to Rwanda following the Safety of Rwanda (Asylum and Immigration) Act 2024, which received Royal Assent on 25 April and came into force the same day. I have looked only at the law as it currently stands, this excludes much of […]
• Job Ad: SWLLC is recruiting an Immigration Solicitor/Caseworker – IAAS Level 2 April 30, 2024
  CLOSING DATE: 5 MAY 2024 South West London Law Centres is seeking an experienced Asylum/Immigration Solicitor or Caseworker with the appropriate level of accreditation to provide casework together with colleagues in a number of new projects including homelessness and domestic violence cases.  You will show care and attention to our clients and the command of […]
• Court of Appeal rejects claim that Afghans were unlawfully discriminated against April 29, 2024
  The Court of Appeal has rejected a claim that Afghan nationals have been unlawfully treated less favourably than Ukrainians when it comes to the requirement to enrol biometrics as part of an entry clearance application. The case is R (AB) v Secretary of State for the Home Department [2024] EWCA Civ 369. Background AB is […]
• Upper Tribunal confirms that appellants lost their rights under EU law once sponsor lost his EU citizenship April 26, 2024
  The Upper Tribunal has overturned a decision by the First-tier Tribunal to allow the appeal of a couple who were trying to rely on their residence rights under EU law in circumstances where their sponsor had lost his EU citizenship. The case is Secretary of State for the Home Department v Nagdev & Anor (Procedural […]
• UK treaty with Rwanda ratified, Safety of Rwanda Act now in force April 25, 2024
  In what is a day of enormous shame for any right thinking person in this country, the UK’s treaty with Rwanda has today been ratified which means that the Safety of Rwanda (Asylum and Immigration Act) 2024 which received Royal Assent today is now in force. On 22 January 2024 the House of Lords voted […]
• New OISC code of standards published April 25, 2024
  As indicated in the recent consultation response, the Office of the Immigration Services Commissioner (OISC) has now published the new code of standards. It is a criminal offence to give immigration advice unless you are properly regulated and for those who are not practicing solicitors, barristers or Chartered Legal Executives, that usually means needing to be registered […]
• Latest Home Office statistics show Vietnamese nationals are the government’s likely next target April 25, 2024
  The Home Office has published its latest “ad hoc” statistics release, showing a dramatic increase in the number of Vietnamese people coming to the UK and a 24% increase in people detected crossing the Channel so far in 2024. The statistics were published to support the Prime Minister’s speech in relation to the Rwanda Bill […]