Immigration News Weekly Roundup – 1 December 2023
The UK government continues to grapple with immigration policy issues amid ongoing debates over migrant worker thresholds, asylum seeker deportation schemes, and more.
Prime Minister Rishi Sunak stated his determination to reduce net migration, despite alleged reversed agreements with Suella Braverman on raising the salary threshold for migrant workers to £40,000. The current discourse indicates the government may further limit dependents allowed for international students.
Meanwhile, Cabinet Minister James Cleverly provoked backlash for suggesting negotiations with additional nations to host UK asylum seekers if the controversial Rwanda deportation plan moves forward as proposed. Care home operators have expressed alarm over policies limiting migrant healthcare workers, as current foreign staff allegedly face widespread exploitation, including effective wages as low as £5 per hour and unexpected fees in the thousands.
In other immigration news, the Court of Appeal ruled in R (Ozmen) v Secretary of State for the Home Department [2023] EWCA Civ 1366 that the Home Office must reassess a visa application after flawed initial refusal and review proceedings. The Court granted an appeal over conclusions made without applicant interview opportunities or evidentiary support.
Separately, the Supreme Court unanimously dismissed appeals by Afzal and Iyieke in R (on the applications of Afzal and Iyieke) (Appellants) v Secretary of State for the Home Department (Respondent) [2023] UKSC 46 over residency requirement disputes for indefinite leave to remain. In a final note on the complex immigration rules, Lord Sales remarked the poor drafting “needlessly creates difficulties and uncertainties which lead to expensive litigation.”
The recent legal judgments and policy debates highlight the intricacies of the UK immigration system. As the government pursues agendas to restrict migration in certain areas, countervailing pressures remain to address labour shortages and uphold application review standards. Ongoing clarification and potential simplification of the extensive regulations will likely continue to unfold.
Considering the news this week, the UK finds itself at a complex crossroads in crafting an immigration policy able to balance economic demands with political aims. While the government seeks to limit channels for unskilled labour and asylum, labour shortages in key sectors reveal policy gaps needing addressed. Meanwhile, the courts continue working to uphold procedural standards and clarify ambiguities in the intricate regulatory framework. As stakeholders across healthcare, education, and other industries weigh in on proposed restrictions’ impacts, the way forward remains murky. Simple solutions appear unlikely given the web of interdependent issues.
However, higher visa salary thresholds, reinforced review processes, simplified rules, and potentially expanded legal migration pathways each represent incremental steps toward a more balanced, ethical, and economically sustainable approach.
The coming month in early 2024 will determine whether policy aligns with legal judgments and the UK’s practical requirements. But the complex immigration landscape will likely continue posing multifaceted challenges.
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This and more are covered in our Immigration News Weekly Roundup. The full list of updates on media news, reported case law and Home Office Policy and other document updates, see below.
MEDIA IMMIGRATION NEWS
Looking at alternative countries to Rwanda to take deportees ‘sensible’ – Stride –The Independent
It is “sensible” for the Government to discuss striking Rwanda-style deportation deals with other countries, a cabinet minister has said.
It comes after reports Home Secretary James Cleverly told Tory MPs more nations are willing to host asylum seekers from the UK if the Rwanda plan gets off the ground.
Mr Cleverly had stoked the ire of right-wing Tory MPs by suggesting the scheme was not the “be all and end all” of the Government’s immigration approach following the Supreme Court judgment that ruled it unlawful.
For full report, click here
Judge notes falling number of lone child migrants going into hotels – The Independent
The operation of a scheme designed to transfer unaccompanied child asylum seekers from the care of one council to another has improved in recent months, a High Court judge says.
Mr Justice Chamberlain says that improvement, plus “impressive” collaboration between council bosses in Kent – where many migrants arrive after crossing the English Channel – and the Home Office has led to a “significant” fall in the number of lone children being accommodated in hotels.
But he has suggested that Home Office officials need to do more to eliminate the use of hotels.
For full report, click here
Sunak says more action needed to lower migration amid Braverman deal accusations – The Independent
Rishi Sunak insisted he was determined to bring net migration down amid reports he reneged on a leadership contest deal with Suella Braverman to raise the salary threshold for migrant workers to £40,000.
The Prime Minister said “we need to do more” and indicated he would look at the number of dependants students can bring when they come to study in the UK, which has already been limited.
For full report, click here
Foreign care workers invited to UK ‘exploited on grand scale’, says union – The Guardian
Foreign care staff invited to the UK to help fix a chronic worker shortage are being “exploited on a grand scale”, a trade union has said, after it emerged some had been effectively paid as little as £5 an hour and charged thousands of pounds in unexpected fees.
One worker from Botswana being helped by the healthcare union Unison said she worked in domiciliary care from 6am to 10pm six days a week but was paid less than half the legal minimum. The Wiltshire company laid her off after losing the council care contract and now she fears deportation. Another company in Cambridgeshire, which recruited from abroad, shut last week, leaving workers fearing deportation.
For full report, click here
Many care homes wouldn’t be here without foreign workers:’ fears over Tories’ plans to limit immigration – The Guardian
Proposed policies restricting numbers and rights of foreign health workers create alarm among care home operators.
For years, Mike Padgham just couldn’t get the staff. When he would post job ads for vacancies at his five care homes in Yorkshire, he’d get very few responses.
But early last year, the government opened a new immigration route, expanding the health worker visa scheme to include care workers. Since then, Padgham’s company, St Cecilia’s Care Group, has hired 32 overseas staff members – mostly from India, Ghana and Zimbabwe.
For full report, click here
CASE LAW
R (Ozmen) v Secretary of State for the Home Department [2023] EWCA Civ 1366.
The Court of Appeal has ruled that the Home Office must reconsider an application in the now-closed Turkish businessperson route after an initial refusal decision was followed by flawed administrative review and judicial review proceedings.
The appellant arrived in the UK as a student in December 2019, applied for leave to remain as a Turkish businessperson in May 2020, submitting an 89-page proposal to work as a mobile barber. The application was refused in March 2021 with minimal explanation. An unsuccessful administrative review followed in February 2022.
The refusal stated that the appellant’s work history could not be verified without Turkish social security records, despite the appellant having explained he worked freelance, so these records were inapplicable. The administrative review entirely failed to engage with this point.
The Court of Appeal granted permission to appeal on three grounds: (1) The lower court wrongly concluded there was no dishonesty allegation, denying the appellant an interview opportunity to respond. (2) Concluding without evidence that qualifications and training were considered was irrational. (3) Rejecting the argument that analysing travel time to one client was an irrational viability assessment was an error in law.
For full decision, click here
R (on the applications of Afzal and Iyieke) (Appellants) v Secretary of State for the Home Department (Respondent) [2023] UKSC 46
The Supreme Court has unanimously dismissed the combined appeals of Afzal and Iyieke against refusals of their applications for indefinite leave to remain (ILR) by the Secretary of State due to gaps in their continuous lawful residence, which is required to qualify for ILR on the basis of long residence in the UK.
In a final comment echoing other judges regarding the difficulty in comprehending the Immigration Rules’ poor drafting, Lord Sales said such drafting “needlessly creates difficulties and uncertainties which lead to expensive litigation,” and that the project to redraft the Rules to make them clearer should “be carried forward to completion.”
For full decision, click here
FXJ v Secretary of State for the Home Department & Anor [2023] EWCA Civ 1357
The Court of Appeal dismissed damages claim against the Home Secretary stemming from a 5-month delay in granting refugee status to an appellant with severe mental health issues, after the appellant’s successful refugee status appeal. Unlike the County Court, the High Court judge found Article 8 could potentially apply given the circumstances, referencing the Razgar basis for assessing such claims. However, the High Court judge ruled the delay, though regrettable, was “not substantial or serious” enough to be disproportionate since some delays are an unavoidable feature of decision-based systems. The appellant contested this proportionality assessment failed to properly consider their individual circumstances.
The Court of Appeal rejected this argument, stating the lower courts did sufficiently judge proportionality on an individualized basis per the specific details of this case. The Court of Appeal upheld the lower courts’ entitlement to deem the cumulative impact of the status grant delay on the appellant’s already poor mental health was not disproportionate.
For full decision, click here
INDEPENDENT REPORTS
Unaccompanied children in need of care, report by Children’s Commissioner, November 2023
Rachel de Souza, the Children’s Commissioner for England, released a brief report today expressing concern over new Home Office data revealing inadequate care for vulnerable unaccompanied asylum-seeking children in the UK – according to the data, out of 5,298 children housed by the Home Office from July 2021 to May 2023, 855 were kept in hotels over a month, 189 for over two months, and 13 remained for over three months, yet the requested safeguarding information consisting of “vulnerability notes” was patchy and inconsistent, prompting de Souza’s dismay over the lack of suitable care provided.
To download full report, click here
HOME OFFICE GUIDANCE & POLICY DOCUMENT UPDATES
- Guidance Bangladesh: Country Policy and Information Notes have been updated on 29th November 2023. To view the updated information, click here
- Guidance: Apply for British citizenship as a person of Chagossian descent has been updated on 29th November 2023. To view the updated information, click here
- Collection: Responses to reports by the Independent Chief Inspector of Borders and Immigration have been updated on 29th November 2023. To view the updated information, click here
- Guidance Nepal: Country Policy and Information Notes have been updated on 29th November 2023. To view the updated information, click here
- Guidance Honduras: Country Policy and Information Notes have been updated on 29th November 2023. To view the updated information, click here
- Returns preparation: Caseworker Guidance has been updated on 28th November 2023. To view the updated information, click here
- Guidance Kenya: tuberculosis test clinics for a UK visa have been updated on 28th November 2023. To view the updated information, click here
- Guidance: Secure English language test (SELT) has been updated on 27th November 2023. To view the updated information, click here
- Guidance: Customer research privacy notice has been updated on 27th November To view the updated information, click here
- Guidance: Reporting worker activity -SMS guide 9 has been updated on 27th November To view the updated information, click here
- Guidance: Request copies of your personal immigration and borders information has been updated on 24th November 2023. To view the updated information, click here
- Guidance: India – tuberculosis test clinics for a UK visa has been updated on 24th November 2023. To view the updated information, click here
- Collection: Migration transparency data has been updated on 23rd November 2023. To view the updated information, click here
- Transparency data: Visas and citizenship data – Q3 2023 has been updated on 23rd November 2023. To view the updated information, click here
- Transparency data: Windrush Task Force Data – Q3 2023 has been updated on 23rd November 2023. To view the updated information, click here
- Transparency data: Sponsorship transparency data -Q3 2023 has been updated on 23rd November 2023. To view the updated information, click here
- RASI (Resettlement, Asylum Support and Integration) data: Q3 2023 has been updated on 23rd November 2023. To view the updated information, click here
- Immigration and protection data: Q3 2023 has been updated on 23rd November 2023. To view the updated information, click here
- Visa fees transparency data has been updated on 23rd November 2023. To view the updated information, click here
- Policy paper: UK visa fees has been updated on 22nd November 2023. To view the updated information, click here
STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK
