Following a preliminary hearing on December 14 and 15, 2022, Mr. Justice Cavanagh issued a decision on February 1 2023 declaring that asylum seekers can be prosecuted for entering the UK without a valid entry visa and for facilitating illegal immigration, in violation of sections 24(D1) and 25(1) of the Immigration Act of 1971, respectively.Continue reading “Appeal Making Small Boat Arrivals Illegal Is Rejected”
Category Archives: Immigration Law
Do The New Asylum Questionnaires Serve Their Intended Purpose?
The Home Office has implemented a “streamlined” procedure in an effort to minimise the backlog of asylum decisions. This process includes a questionnaire that anyone from Afghanistan, Eritrea, Syria, Yemen, and Libya who requested refuge before 28 June 2022 must complete in English. The first questionnaire has been received, and approximately 12,000 are anticipated toContinue reading “Do The New Asylum Questionnaires Serve Their Intended Purpose?”
12,000 Asylum Claims Without A Face-To-Face Interview
Without conducting in-person interviews, about 12,000 asylum applicants in the UK will be given consideration for refugee status. The Home Office will decide the cases of applicants from Afghanistan, Eritrea, Libya, Syria, and Yemen who submitted applications prior to last July based on a 10-page questionnaire. The action tries to lessen the backlog in asylumContinue reading “12,000 Asylum Claims Without A Face-To-Face Interview”
Visa Applications May Be Deemed Withdrawn Because Of Travel
Immigration attorneys frequently inform their clients in the UK that leaving the Common Travel Area (CTA) while an application is still pending will cause the application to be classed as withdrawn. Immigration attorneys frequently inform their clients that entering the UK while a request for entrance clearance is pending could, in some cases, be problematic.Continue reading “Visa Applications May Be Deemed Withdrawn Because Of Travel”
Victims of Trafficking Should Be Granted Leave
In accordance with the conclusions in R (KTT) v. Secretary of State for the Home Department [2021] EWHC 2722 (Admin), the Upper Tribunal has confirmed that a recognised trafficking victim who is also seeking asylum should have been granted permission to stay (leave to remain) while their asylum claim was pending. In this case, RContinue reading “Victims of Trafficking Should Be Granted Leave”
Differential Consideration Of Applications Is Justifiable
The High Court held that the Home Office did not discriminate against Afghan nationals when it came to the biometrics requirement for entry clearance applications in AB v. Secretary of State for the Home Department & Ors [2023] EWHC 287 (Admin). The Details Up until the Taliban took power in the summer of 2021, ABContinue reading “Differential Consideration Of Applications Is Justifiable”
A New Rule Allowing Victims Of Human Trafficking To Temporarily Remain
The new Home Office policy granting victims of slavery and human trafficking temporary permission to remain was issued on January 30, 2023. It goes along with the newly published, identically titled appendix to the Immigration Rules, which was released on October 18, 2022, and went into effect on January 30, this year. Who Is EligibleContinue reading “A New Rule Allowing Victims Of Human Trafficking To Temporarily Remain”
Legal Assistance For Refugees Is Broken
Legal aid for asylum seekers in the UK is a flawed system. The quality of available legal counsel and advocacy is deteriorating to the point where it may violate the state’s duties under the human rights conventions and eventually result in serious injustices. The root cause of the issue is that qualified attorneys and advocatesContinue reading “Legal Assistance For Refugees Is Broken”
Human Rights Laws Are Violated By UK Immigration Policies
Human Rights Watch concluded in its 2023 World Report that the UK government’s recent immigration and asylum policies violate domestic human rights duties and compromise international human rights norms. The Nationality and Border Act and the Rwanda Agreement are the main topics of the study. However, it does not disregard other legislation passed last year,Continue reading “Human Rights Laws Are Violated By UK Immigration Policies”
No Reasonable Expectation Of Equal Treatment Is Found By The High Court In The Afghanistan Evacuation Case
In a separate Afghan evacuation case, the court in KBL v. Secretary of State for the Home Department [2023] EWHC 87 (Admin) considered whether “Operation Pitting” guidance intended for potential beneficiaries of the evacuation gave Afghans in comparable situations a reasonable expectation that they would be treated equally even if they were not evacuated orContinue reading “No Reasonable Expectation Of Equal Treatment Is Found By The High Court In The Afghanistan Evacuation Case”