https://freemovement.org.uk Updates, commentary, training and advice on immigration and asylum law Sun, 19 Jan 2025 10:11:46 +0000 en-GB hourly 1 https://wordpress.org/?v=6.7.1 https://freemovement.org.uk/wp-content/uploads/2022/07/cropped-Goose-logo-32x32.png https://freemovement.org.uk 32 32 https://freemovement.org.uk/home-office-settles-manston-inquiry-judicial-review/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-settles-manston-inquiry-judicial-review https://freemovement.org.uk/home-office-settles-manston-inquiry-judicial-review/#respond Fri, 17 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218720 The Home Office has settled the judicial review claims that seek an independent Article 3 ECHR compliant inquiry into events at Manston in 2022. The claims were brought by individuals detained at Manston in autumn 2022 when there were widespread reports and concerns around overcrowding and very poor conditions, and detention well exceeded the 24 […]]]> https://freemovement.org.uk/home-office-settles-manston-inquiry-judicial-review/feed/ 0 https://freemovement.org.uk/high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child/?utm_source=rss&utm_medium=rss&utm_campaign=high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child https://freemovement.org.uk/high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child/#respond Thu, 09 Jan 2025 08:30:00 +0000 https://freemovement.org.uk/?p=218112 A mother and her severely disabled child have been successful in obtaining a mandatory order for the Home Office to provide them with suitable accommodation as part of their asylum support. The case is R (AYW & Anor) v Secretary of State for the Home Department [2024] EWHC 3291 (Admin). Background AYW is a Mexican […]]]> https://freemovement.org.uk/high-court-makes-mandatory-order-for-suitable-accommodation-to-be-provided-for-severely-disabled-child/feed/ 0 https://freemovement.org.uk/court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation https://freemovement.org.uk/court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation/#respond Wed, 08 Jan 2025 12:39:53 +0000 https://freemovement.org.uk/?p=218145 The Court of Appeal in Northern Ireland has dismissed an appeal challenging refusal of Schedule 10 accommodation on the grounds that the applicant did not have a bail address, which is what she was asking for by making the Schedule 10 application. The situation endorsed by the Court of Appeal was described by the High […]]]> https://freemovement.org.uk/court-of-appeal-in-northern-ireland-dismisses-challenge-to-refusal-of-bail-accommodation/feed/ 0 https://freemovement.org.uk/home-office-wins-appeal-against-admitting-parents-of-separated-children/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-wins-appeal-against-admitting-parents-of-separated-children https://freemovement.org.uk/home-office-wins-appeal-against-admitting-parents-of-separated-children/#respond Mon, 06 Jan 2025 08:00:00 +0000 https://freemovement.org.uk/?p=217904 What should happen where young children are carried in a small boat to the United Kingdom and thereby separated from their parents in France? Should the children be returned to France to be reunited with their parents there? Or should the parents be admitted to the United Kingdom to be reunited here instead? These are some […]]]> https://freemovement.org.uk/home-office-wins-appeal-against-admitting-parents-of-separated-children/feed/ 0 https://freemovement.org.uk/migrant-help-now-more-helpful/?utm_source=rss&utm_medium=rss&utm_campaign=migrant-help-now-more-helpful https://freemovement.org.uk/migrant-help-now-more-helpful/#respond Mon, 30 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217456 In order to access legal aid, a difficult enough feat as it is, people need to provide evidence of their financial situation. For most of those in the asylum system, that means asking Migrant Help for assistance. Below I have set out some of the issues and hopefully a recent change for the better. Who […]]]> https://freemovement.org.uk/migrant-help-now-more-helpful/feed/ 0 https://freemovement.org.uk/briefing-the-sorry-state-of-the-uk-asylum-system/?utm_source=rss&utm_medium=rss&utm_campaign=briefing-the-sorry-state-of-the-uk-asylum-system https://freemovement.org.uk/briefing-the-sorry-state-of-the-uk-asylum-system/#comments Thu, 19 Dec 2024 08:30:32 +0000 https://env-7121714.mightybox.site/?p=163738 After the ban on grants of leave to those in the inadmissibility process was lifted following the change in government earlier this year, there has finally started to be some progress on deciding asylum claims. However early signs are that that the emphasis on fast decision making is coming at the cost of accuracy and […]]]> https://freemovement.org.uk/briefing-the-sorry-state-of-the-uk-asylum-system/feed/ 5 https://freemovement.org.uk/court-of-appeal-dismisses-iranian-asylum-appeal/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-dismisses-iranian-asylum-appeal Fri, 13 Dec 2024 08:31:31 +0000 https://freemovement.org.uk/?p=217465 An appeal against the refusal of an asylum claim made by an Iranian man who sought to rely on his attendance at protests in the UK and social media posts has been dismissed by the Court of Appeal. The case is S v Secretary of State for the Home Department [2024] EWCA Civ 1482. Background […]]]> https://freemovement.org.uk/afghan-family-to-have-application-decided-a-sixth-time-after-unfair-refusal/?utm_source=rss&utm_medium=rss&utm_campaign=afghan-family-to-have-application-decided-a-sixth-time-after-unfair-refusal Thu, 12 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217334 A fifth decision on the same application made under the Afghan Relocations and Assistance Policy has just been quashed on the grounds of unfairness, meaning that a sixth decision will now need to be made. The Foreign Secretary unsuccessfully tried to conceal the names of the civil servants involved. Once those names were revealed it […]]]> https://freemovement.org.uk/most-diego-garcia-migrants-finally-transferred-to-the-uk-but-what-happens-next/?utm_source=rss&utm_medium=rss&utm_campaign=most-diego-garcia-migrants-finally-transferred-to-the-uk-but-what-happens-next Fri, 06 Dec 2024 08:30:00 +0000 https://freemovement.org.uk/?p=217082 In November 2024 there was a significant development in relation to the plight of around 64 people stranded on Diego Garcia, as the Home Secretary announced that she would be offering 61 of them the opportunity to be transferred to the UK. This week, on 2 and 3 December 2024, the migrants (based in Diego […]]]> https://freemovement.org.uk/statistics-for-july-to-september-2024-show-health-and-care-worker-and-student-numbers-continuing-to-fall/?utm_source=rss&utm_medium=rss&utm_campaign=statistics-for-july-to-september-2024-show-health-and-care-worker-and-student-numbers-continuing-to-fall Thu, 28 Nov 2024 14:57:11 +0000 https://freemovement.org.uk/?p=216892 The statistics for the period July to September 2024 have been published today, showing a very large drop in health and care worker visas, a lesser but still significant drop in students, a fall in the asylum grant rate that doesn’t seem likely to achieve much beyond creating further chaos in the tribunals and maybe […]]]> https://freemovement.org.uk/states-cannot-refuse-asylum-claims-by-lgbtqi-people-based-on-the-discretion-test-alone/?utm_source=rss&utm_medium=rss&utm_campaign=states-cannot-refuse-asylum-claims-by-lgbtqi-people-based-on-the-discretion-test-alone Thu, 28 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216749 In M.I. v. Switzerland – 56390/21 (Article 3 – Prohibition of torture : Third Section) [2024] ECHR 862 the European Court of Human Rights has said that failure to properly assess the risk of ill treatment of an LGBTQI+ person in their country of origin and whether state protection was available will breach article 3 […]]]> https://freemovement.org.uk/safe-options-for-ukrainians-and-columbians-coming-to-the-uk-shut-down-in-latest-statement-of-changes/?utm_source=rss&utm_medium=rss&utm_campaign=safe-options-for-ukrainians-and-columbians-coming-to-the-uk-shut-down-in-latest-statement-of-changes Tue, 26 Nov 2024 13:18:22 +0000 https://freemovement.org.uk/?p=216695 Statement of changes HC 334 has been published today stating that the concession allowing Ukrainians to travel to the UK without the need to enrol their biometrics in advance will end on 18 December 2024. As of 3pm today, subject to transitional provisions, Colombians must obtain entry clearance before coming to the UK as a […]]]> https://freemovement.org.uk/upper-tribunal-revisits-obscure-legal-discussion-on-appeals-for-removable-refugees/?utm_source=rss&utm_medium=rss&utm_campaign=upper-tribunal-revisits-obscure-legal-discussion-on-appeals-for-removable-refugees Fri, 22 Nov 2024 12:30:00 +0000 https://freemovement.org.uk/?p=214894 Don’t say I didn’t warn you with that headline. The Upper Tribunal has found that the First-tier Tribunal erred in failing make a finding on whether revocation of leave for a refugee on the grounds that he was deemed a danger to the UK amounted to a breach of the Refugee Convention. The tribunal also […]]]> https://freemovement.org.uk/trafficking-referrals-and-decisions-at-record-high-in-latest-statistics/?utm_source=rss&utm_medium=rss&utm_campaign=trafficking-referrals-and-decisions-at-record-high-in-latest-statistics Wed, 20 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216360 The quarterly trafficking statistics for July to September 2024 have been published, with a few records set including for the number of referrals and number of conclusive grounds decisions. The impact of the latter on delays is still difficult to tell because of the reorganisation of cases within the decision making bodies. What we can […]]]> https://freemovement.org.uk/unlawfully-withdrawn-asylum-claim-results-in-quashing-of-trafficking-reconsideration-refusal/?utm_source=rss&utm_medium=rss&utm_campaign=unlawfully-withdrawn-asylum-claim-results-in-quashing-of-trafficking-reconsideration-refusal Mon, 18 Nov 2024 08:30:00 +0000 https://freemovement.org.uk/?p=216159 The High Court has held that an unlawfully withdrawn asylum claim can amount to exceptional circumstances meaning that an extension of time should be granted for a reconsideration request of a trafficking decision. The case is R (KM) v Secretary of State for the Home Department [2024] EWHC 2870 (Admin). Background The claimant is an […]]]> https://freemovement.org.uk/can-asylum-seekers-work-in-the-uk/?utm_source=rss&utm_medium=rss&utm_campaign=can-asylum-seekers-work-in-the-uk Thu, 07 Nov 2024 08:31:07 +0000 https://env-7121714.mightybox.site/?p=155552 Asylum seekers who would otherwise face destitution must rely upon support from the government. This support is limited to either £8.86 a week if their accommodation provides meals or £49.18 in other cases which means most will struggle to meet their basic needs. Given this meagre level of support, it would be sensible to presume […]]]> https://freemovement.org.uk/asylum-interviews-what-can-go-wrong-and-what-can-you-do-about-it/?utm_source=rss&utm_medium=rss&utm_campaign=asylum-interviews-what-can-go-wrong-and-what-can-you-do-about-it Wed, 30 Oct 2024 08:30:00 +0000 https://freemovement.org.uk/?p=215521 Your client has (at last) got a date for their asylum interview. What could possibly go wrong? Quite a lot really, and so below I take a look at some of the issues I have encountered in practice and how to approach them so as to get the best possible outcome for the applicant. The […]]]> https://freemovement.org.uk/inspection-of-asylum-accommodation-reiterates-need-for-the-home-office-to-listen-to-others/?utm_source=rss&utm_medium=rss&utm_campaign=inspection-of-asylum-accommodation-reiterates-need-for-the-home-office-to-listen-to-others Tue, 29 Oct 2024 08:30:00 +0000 https://freemovement.org.uk/?p=215505 The Independent Chief Inspector of Borders and Immigration has published a report on “An inspection of contingency asylum accommodation November 2023 – June 2024” highlighting the usual problems around lack of stakeholder engagement and data as well as concerns about the lack of Home Office checks on accommodation providers. The report looked at the Home […]]]> https://freemovement.org.uk/law-society-immigration-reaccreditation-scheme-how-does-it-work-and-how-can-we-help/?utm_source=rss&utm_medium=rss&utm_campaign=law-society-immigration-reaccreditation-scheme-how-does-it-work-and-how-can-we-help Thu, 24 Oct 2024 13:49:22 +0000 https://freemovement.org.uk/?p=215393 The Law Society is launching its latest round of reaccreditations for senior caseworkers and supervising senior caseworkers in immigration law. Here we take a look at what we know and do not know about the scheme and then turn to how we can help you at Free Movement. Before we go any further, we know […]]]> https://freemovement.org.uk/supreme-court-says-that-statutory-duty-regarding-children-does-not-apply-to-the-first-tier-tribunal/?utm_source=rss&utm_medium=rss&utm_campaign=supreme-court-says-that-statutory-duty-regarding-children-does-not-apply-to-the-first-tier-tribunal Thu, 24 Oct 2024 07:31:16 +0000 https://freemovement.org.uk/?p=215390 The Supreme Court has held that express reference to the Home Secretary’s guidance on her duty under section 55 of the Borders, Citizenship and Immigration Act 2009 is not required in a decision letter in order to demonstrate that the duty has been complied with. The court also held that the section 55 duty does […]]]>