Free Movement

This month, Jasmine is joined by Isaac Abraham, a solicitor at the Islington Law Centre. They discuss the King’s speech and the latest immigration statistics, which show a fall in net migration and asylum claims, but a steadily growing appeals backlog. The number of sponsor licence revocations has also shot up. Jasmine interviewed Luke Piper last month about the devastation this is causing to sponsored workers, particularly in the health and care sector.
Isaac discusses a number of new cases including a challenge by Syrian asylum seekers against removal to Bulgaria based on article 3 grounds and what happens to someone’s entitlement to benefits when they are subject to deportation proceedings. Jasmine talks about the problems that UK universities are creating for international student entrepreneurs and elsewhere there has been a judicial review challenge to the Home Secretary’s decision to grant temporary protection status of only 30 months to refugees. All this and much more! 

Immigration statistics and news (01:30)
Latest immigration statistics show falls in net migration and fall in asylum claims
Work visas, employer crackdowns and the nationalities caught in the middle
Nearly 90% of conclusive grounds reconsiderations result in positive outcome and more UK referrals than ever
Immigration legislation re-announced in King’s Speech

Asylum and protection (16:13)
We’re challenging the Home Secretary’s decision to grant temporary protection status of only 30 months
Upper Tribunal finds arguable Article 3 breach in Bulgarian removal challenge

Family and human rights (23:42)
Gurkha historic injustice does not remove the need to prove causation
Which takes priority: family or immigration proceedings?

Students (30:37)
Sold entrepreneurship, barred from business? The student visa trap
Can a Student visa holder sit as a member of the Scottish Parliament? Yes, they can

Deportation (37:45)
Social security case looks at the interplay between deportation and entitlement to benefits

Briefings – new and updated (42:15)
Briefing: registering a child as British
Right to rent checks: a practical guide for landlords and letting agents in England
What is the no recourse to public funds condition?
Briefing: how to apply for a religious work visa
How does absence from the UK work under the EU settlement scheme?
Changes to the absence rules for EU Settlement Scheme

In the April round-up, Jasmine is joined by Mala Savjani, an associate solicitor at Wilsons. They cover April’s most significant developments, which includes a Court of Appeal decision on what past ill-treatment actually has to look like to amount to persecution, a landmark European Court of Human Rights ruling on returns to Afghanistan, and a High Court judgment looking at whether single hotel rooms are ‘adequate’ for asylum-seeking families.
They also discuss the ongoing saga of the last person stranded on Diego Garcia and practical guidance on domestic abuse cases where survivors fall outside the rules. Plus costs applications, surrogacy, sponsor right to work checks, and more.

Asylum and protection (00:58)
Past arrest and beating of Vietnamese protester does not amount to persecution
European Court rules return of Hazara Afghan national would breach Article 3
Asylum hotel accommodation unlawful where it fails basic standards of adequacy
The importance of early clarification of grounds of appeal
Final Diego Garcia migrant moved from the military base to the Maldives

Family and human rights (15:18)
Home Secretary accepts she can grant further leave on the five-year route without the no recourse to public funds condition
When domestic abuse survivors don’t fit the rules: options and risks
Adoption and surrogacy: when is a child born overseas British?
High Court finds Afghan relocation refusal unlawful and unpublished guidance is withdrawn 

EU Settlement Scheme (27:16)
Continuous residence under the EU Settlement Scheme: changes to automated settlement process and expanded cancellation policy

Work (31:40)
Confusing changes to sponsor right to work checks: what has changed and what is still unclear

Procedure (33:27)
Applications for costs in immigration cases: what practitioners need to know

In the March round-up, Jasmine is joined by Chris Dias to discuss a new practitioner's guide to children's protection claims, whether policies to deter asylum seekers actually work and what happens when the Home Office grants settlement by mistake. They cover a number of cases including the latest in the Diego Garcia saga and the Court of Appeal's approach to deportation and subjective fears of family members.
Chris highlights the key points from the latest statement of changes and new sponsor compliance duties. They also cover some updated briefings, including the right to work for asylum seekers and the electronic travel authorisation scheme.

Asylum and protection (00:44)
A practitioner’s guide to commencing children’s protection claims
Home Office decision to remove public funds from Diego Garcia asylum seekers was unlawful, Upper Tribunal finds
Convicted murderer excluded from protection of Refugee Convention
Why the latest attempt to deter asylum seekers won’t work
Asylum support: what is available and what has changed

Statement of changes (11:05)
Statement of changes HC 1691: changes for refugees, skilled workers, children and more

Settlement (15:14)
What happens if the Home Office grants indefinite leave to remain by mistake?

Deportation (17:15)
Subjective fears of family members are relevant but not enough to prevent deportation

Procedure (19:05)
When can you get a refund for the immigration health surcharge?
Is a person who obtained their leave by deception “lawfully resident”?

Work (22:55)
New sponsor compliance duties you need to act on now
Three months is enough: High Court confirms approach to salary assessment in sponsor licence revocation case
When would you ever use the secondary employment provisions?

Updated articles (28:52)
Can asylum seekers work while waiting for a decision on their case?
Do I need an electronic travel authorisation to enter the UK?

In the February round up, Jasmine and Barry discuss the Home Office's new pilot for children's asylum claims and dig into the latest immigration statistics. They cover some crucial advice for clients, including what to do if you're refused entry at the UK border, whether you can apply for settlement early to avoid the new ‘earned settlement’ proposals and how to fight a bank account closure on immigration grounds.
There is also new Home Office guidance on EU Settlement Scheme derivative rights, trouble for dual nationals without British passports and yet more lawyers being caught out by fake AI-generated case law. 

Asylum and protection (02:08)
Home Office introduces pilot to speed up children’s asylum claims
Massive reduction in the backlog but questions over quality of decision making in latest trafficking statistics
Latest statistics: overall decline in visa grants and concerns as Syrian asylum success rate plummets
No breach of public sector equality duty by Home Office when housing LGBTQ+ asylum seekers

Visitors (12:02)
What to do if you are stopped and refused entry at the UK border

Settlement (13:46)
Can I apply for indefinite leave to remain early?
A fairer pathway? How the “earned settlement” proposals risk discrimination against migrant women

EU Settlement Scheme (17:35)
New Home Office guidance on EU Settlement Scheme: derivative right to reside (Chen and Ibrahim/Teixeira cases)

Citizenship (19:43)
Will the UK really ban dual nationals who don’t have a British passport?
Permission granted in judicial review challenges to British citizenship ‘good character’ policy
High Court gives guidance on delay in applying for judicial review and human rights jurisdiction

Deportation (27:37)
Man stranded abroad challenges Home Office deportation decision taken whilst travelling

Procedure (29:29)
How to challenge closure of a bank account on immigration grounds
Tribunal criticises two more immigration lawyers for suspected citation of AI-invented fake case law

Updated (32:00)
Youth Mobility visa: what is it and how does it work?
How to apply for a UK spouse or partner visa
How to become an Immigration Advice Authority (formerly OISC) Level 1 regulated adviser

In Sonia's final episode, we cover the first substantive judgment concerning the use of “public order disqualification” powers in trafficking cases, an updated CPIN on Pakistan for LGBT+ people and the policy that's pushing people in conflict zones to make dangerous journeys to enrol their biometrics.
Barry covers a really important judgment on children's settlement applications (a crucial read as things may change again later this year) and Sonia highlights the dangers of the use of AI by immigration lawyers. We finish up by discussing the (little) weight that rehabilitation carries in deportation appeals.

Asylum and protection (01:17)
Refugees at risk of street homelessness have until 16 January to extend their asylum accommodation
Home Office U-turn over grants of leave to trafficking victims after legal challenge
High Court finds the Home Secretary’s approach to making public order disqualification decisions is unlawful
Concerns raised about changes to Home Office’s country evidence on Pakistan for LGBT+ people
The Home Office’s unsafe journeys policy is dangerous

Child settlement applications (13:53)
Important Court of Appeal ruling on children’s settlement applications

Artificial intelligence (21:00)
Briefing: AI and immigration law – what guidance is there for lawyers?

Windrush (25:03)
Possibility of legal aid in some Windrush compensation cases opened up by Court of Appeal

Visit visas (26:36)
Costs awarded by Court of Appeal in visit visa delay case

Legal Ombudsman (28:29)
Partial success for immigration barrister in challenge to Legal Ombudsman decision

Deprivation of citizenship (29:04)
Supreme Court addresses fairness concerns in deprivation appeals

Work routes (31:45)
The appeal of judicial discretion in civil penalty appeals: Court of Appeal grants permission
Care home refused permission in challenge to revocation of sponsor licence for underpaying staff

Deportation (36:53)
Court of Appeal dismisses deportation appeal despite evidence of rehabilitation

Updated (41:19)
Briefing: the sorry state of the UK asylum system
Briefing: how to apply for a high potential individual visa
Making sense of sole responsibility for child visas in immigration law