Free Movement
Free Movement
Recent Episodes
Your February roundup is here as promised. Colin and Sonia discuss Shamima Begum's latest appeal, the pause on some asylum cases, a run of decisions involving poor conduct on the part of either the Tribunals or the Home Office, as well as corporate transactions, the sudden closure of the Ukraine Family scheme and much more.
The 35 minute podcast follows the running order below.
Asylum (00:25)
Number of asylum refusals and homeless refugees skyrocket in latest statistics
How the Nationality and Borders Act has criminalised those seeking safety in the UK
Briefing: Can criminals be denied refugee status?
Home Secretary confirms “pause” on processing asylum claims
Trafficking (07:45)
Risk of re-trafficking must be assessed before disqualification on public order grounds
Procedure (10:55)
Court of Appeal demolishes First-tier Tribunal in deportation appeal but upholds decision
Home Secretary’s “shockingly poor” handling of case did not amount to contempt of court
Judicial review no longer the appropriate remedy to challenge age assessments in Scotland
Points based system (19:45)
Briefing: the immigration implications of a corporate transaction
British citizenship (21:45)
Court of Appeal rejects Shamima Begum’s appeal against the deprivation of her British citizenship
Family immigration (26:05)
Statement of changes HC 556: Home Office shuts Ukraine Family Scheme without notice (and details of the webinar mentioned are here: https://freemovement.org.uk/product/webinar-immigration-options-for-ukrainian-nationals-and-their-family-members/)
How to apply for entry clearance for victims of transnational marriage abandonment
Changes to the Destitute Domestic Violence Concession
General (31:05)
What you need to know before buying a property in the United Kingdom
What are the UK’s inheritance tax rules?
Updated (32:20)
Applying for British citizenship by naturalisation
How to apply for leave to remain as a victim of domestic violence
What is the Immigration Health Surcharge and how much does it cost?
Colin and Sonia have rounded up January 2024. We cover the government's claims to have cleared the 'legacy' asylum backlog and look at the three backlogs that have replaced it. We also discuss the latest in an increasingly long list of cases in which the Home Office has behaved poorly. We also cover everything else from gender based asylum claims, to new rules for business visitors and care homes both losing and keeping their sponsor licences, as well as an interesting case on detention and the Illegal Migration Act.
We conclude with an invite to former Independent Chief Inspector of Borders and Immigration and (hopefully not also former!) Free Movement podcast listener David Neal to join us on a future episode.
Asylum (00:26)
Reduction in asylum backlog achieved mainly through withdrawals and questionnaires
The inadmissibility process and the three new asylum backlogs
High Court reminder in age assessment challenge of the importance of providing papers on time
Briefing: evidence and arguments in asylum claims based on gender-based violence
CJEU: Women who are victims of gender-based violence can qualify for refugee status
Points based system (11:48)
High Court quashes Home Office decision to revoke another care home’s sponsor licence
Care home operator loses ability to sponsor overseas workers after compliance failures
More flexibility for business visitors from today
Dates confirmed for changes to income thresholds for family and skilled worker visas
Tax residence in the UK: when do people become liable for income and capital gains tax?
Appendix Children: which routes does it apply to and what are the requirements?
Detention (18:18)
High Court grants bail to person detained under new Illegal Migration Act powers
Family immigration (23:00)
How to avoid the minimum income requirement for partners under Appendix FM
Webinar: Exceptional circumstances in family-based immigration applications
EU Settlement Scheme (25:38)
Changes to treatment of some late applications to the EU Settlement Scheme in new guidance
Updated (27:45)
What are the immigration rules for settled returning residents of the United Kingdom?
In our December 2023 round up, Colin and Sonia discuss the latest developments with Home Office evictions and withdrawals, as well as the new Rwanda legislation. We also cover the government's five point plan to reduce net migration as well as the latest case law and Tribunal statistics.
Asylum (01:00)
What is in the Safety of Rwanda (Asylum and Immigration) Bill?
“These guarantees already existed”: the UK’s new treaty with Rwanda
Home Secretary must set out plan to eliminate use of hotels for lone refugee children
Refugees can now claim Universal Credit without a biometric residence permit
Asylum withdrawals guidance amended to halve time given to explain non-attendance at interview
Family immigration (19:03)
Objective evidence must be considered when deciding “very significant obstacles” to integration
In-country settlement applications for children and the different sole responsibility requirements
What happens when relationships breakdown on the Hong Kong British National (Overseas) route?
General immigration (22:34)
Supreme Court dismisses appeals in validity and continuous residence case
Government attack on families as minimum income requirement to rise to £38,700
What should UK employers make of the government’s five-point plan to reduce immigration?
EU settlement scheme (31:45)
Article 8 not automatically engaged by a refusal under the EU settlement scheme
Citizenship (34:55)
Deprivation of British citizenship without advance notice is lawful, says Upper Tribunal
Procedure (36:55)
Court of Session agrees restricting judicial reviews of the Upper Tribunal is lawful
Outstanding immigration tribunal appeals up 20% to 31,000
Court of Appeal: raising an entirely new issue in a determination for the first time is unfair
Detention (40:32)
Home Office criticised by High Court for “five very concerning features” of detention case
Are safeguards from the harm caused by immigration detention working?
Updated articles (43:16)
What is the no recourse to public funds condition?
Free Movement (44:00)
New OISC Level 2 training course in immigration and asylum law now available to members
Our November roundup is here, where Colin and I cover the latest asylum and trafficking statistics, changes to the way late applications to the EUSS are treated, questions the SRA still hasn't answered, a couple of articles on Palestinians as well as quite a lot of case law.
Policy (00:45)
Assessing Braverman’s legacy as Home Secretary: Part Deux
Asylum (02:10)
Briefing: four looming problems in the UK asylum system and how to address them
Permission granted in challenge to rejection of Albanian asylum claim
Returning a refugee to persecution must be a last resort
India and Georgia to be added to the list of ‘safe’ countries
Gaza: what is the UK doing to rescue British citizens and their family members?
Damages claim for asylum delay dismissed by Court of Appeal
Upper Tribunal failed to properly assess whether error of law was material in asylum appeal
Immigration (16:10)
Deception case returned to the Upper Tribunal after material error of law made
Making sense of sole responsibility for child visas in immigration law
Deportation (19:10)
Court of Appeal says deportation of mother of British child not “unduly harsh”
Nationality (20:45)
Court of Appeal dismisses appeal on interpretation of nationality law
Trafficking (21:55)
Latest trafficking figures show benefit of change in Home Office policy
The UK must improve labour market enforcement in order to tackle exploitation of workers
Increasing numbers of sponsored migrant workers are being exploited in the UK
EU Settlement Scheme (26:05)
Important changes to the way late EUSS applications are treated
Court of Appeal dismisses government appeal on access to benefits for people with pre settled status
Procedure (28:38)
How to become an OISC level 2 adviser
Government should not routinely remove names of civil servants in judicial review disclosure
Guidance in Begum on deprivation decisions is not restricted to national security cases
Late evidence from the Home Office can be admitted in an appeal where the appellant was aware of it
Updated article (34:30)
Briefing: Article 1D of the Refugee Convention and Palestinian refugees
Our October immigration round up is here and we have also included discussion of the Supreme Court's decision in the Rwanda litigation. As well as that, Colin and Sonia covered everything from fishing to legal aid shortages via eSports, medico-legal reports, public funds and the shortage occupation list. We're still not entirely sure that either of us are pronouncing "refoulement" properly.
Timestamps are below, the link to the quiz will be included when we post about this episode on Free Movement. Rwanda (00:58)
Supreme Court finds Rwanda is not a safe country to which refugees can be removed Reflections on the Supreme Court's Rwanda judgment
Blog news (10:15)
Free Movement 2023 reader survey results
Asylum (12:55)
Over half the people seeking asylum are now unable to access a legal aid lawyer
Safe Passage report: the case for safe routes
What is a medico-legal report?
Medico-legal reports: how to instruct and common mistakes to avoid
New asylum processes set up on disputed territory of Diego Garcia
Court of Appeal gives guidance on sentencing for small boats prosecutions
Fairness in safe third country removals: the Court of Appeal’s judgment in Asylum Aid’s case
Policy (25:35)
Migration Advisory Committee recommends shortage occupation list is abolished
Immigration (28:54)
The effect of the Nationality and Borders Act 2022 on the fishing industry
Home Office concedes latest challenge to no recourse to public funds policy
Do foreign gamers need a visa to play competitive eSports in the UK?
TLScontact in unsuccessful challenge to new Home Office contract
Nationality (37:32)
Court of Appeal upholds deprivation of citizenship decision
Updated articles (38:55)
What are the 10 and 20 year rules on long residence?
Briefing: what is the law on deporting foreign criminals and their human rights?