Immigration News Weekly Roundup – 13 October 2023

Immigration News Weekly Roundup – 13 October 2023

Immigration policies and recent enforcement actions in the UK have prompted ongoing concerns this week. Controversial asylum plans, deportations of international students over technicalities, and continued crackdowns on illegal working dominate the news. As policies rapidly evolve, new challenges arise regarding fairness, proportionality, and human impact.

The legality of the UK government’s plan to deport asylum seekers to Rwanda hangs in the balance this week, as the Supreme Court weighs the policy’s lawfulness. But a new Human Rights Watch report alleging Rwanda systematically targets dissidents – even abroad – casts doubt on the plan’s morality. With over 24,000 asylum seekers having received removal notices, the ruling will significantly impact asylum policy and human lives. Regardless of the court’s decision, asylum-seeker housing remains contentious. After protests, plans were scrapped to house asylum seekers at a Welsh hotel. But the Home Office aims to return some to a barge, despite recent unsafe conditions there. Proper housing is a persistent issue amid ever-shifting asylum policies.

It is noteworthy that the Illegal Migration Act introduces expedited asylum processing and curbs legal appeals, which could enable faster deportations to Rwanda if the policy is deemed lawful. The Act’s “One Stop” system accelerates claims within six months, while appeal rights are limited – making it easier to reject and remove individuals once approved by courts. The legislation facilitates the contested Rwanda policy by streamlining asylum processes and restricting detainees’ ability to halt removal through challenges.

To overcome such challenges imposed by the Act, join our Directors Mark Symes and David Jones for a live online course: The July Immigration Rules & Illegal Migration Act 2023 scheduled for 18th October.

Delegates will have the convenience to attend from their own location.  The course aims to decode complex policy shifts into clear guidance. Immigration advisors will walk away fully prepared to help clients navigate a fluid landscape with confidence with key insights from renowned authorities. Sign up now to gain the skills and knowledge needed to thrive amid constantly changing rules. To secure booking, click here

A disturbing incident reported this week highlights international students’ precarious status. Three Coventry University students face deportation over a supposed exam upload glitch. Despite the university’s offer of retakes, looming visa expiries could force them out degree-less. While international students greatly benefit the UK, small technical issues can derail futures. Fair policies protecting international students are essential.

The UKVI’s strict illegal working enforcement persists, with a recent surprise inspection of a Turkish barbershop. While no arrests occurred, such small business checks send a strong message that illegal working risks remain. Employers must stay vigilant in proper right-to-work checks, as enforcement actions continue. Not to forget, the UKVI has also updated their Sponsor guidance appendix A: supporting documents for sponsor applications on 9th October as well.

Our upcoming live online course: Home Office Audits scheduled on 21st November aims to equip immigration advisors in line with the latest compliance obligations subjected to sponsor organisations. For more information on the course or to book, click  here

FOR ALL OUR COURSES SEE HERE 

In conclusion, while rapidly evolving UK immigration policies aim to deter illegal migration, the evidence suggests they are preventing genuine asylum seekers from having claims heard and creating confusion for immigration lawyers and applicants struggling to keep pace. A more thoughtful, evidence-based approach could benefit all sides of this complex issue.

With immigration Rules and Guidance frequently changing, advisors must diligently stay up-to-date to properly serve clients. Resources like Mastering Immigration Law, with expert analysis of each policy change, are invaluable for practitioners to understand amendments and advise clients confidently. With pre-order available at £199, advisors can empower themselves with a trusted guide through turbulent times.

As policies rapidly transform, our reliable resources keep practitioners prepared. Sign up for key insights from authorities in the field and stay ahead in a shifting environment.

Curious? Why not sign-up for 21 Day trial period here

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 below.

 

 IMMIGRATION NEWS

UK High Court upholds Home Office plan to house asylum seekers on residential barge – Jurist

The UK Home Office announced plans Monday to return asylum seekers to the Bibby Stockholm barge next week, following an August evacuation of the barge over legionella bacteria being found in its water supply. Portland mayor and local councillor Carralyn Parkes attempted to incite a judicial review into move, but this was rejected by the High Court on Wednesday.

For full report, click here

Stradey Park Hotel: Home Office ‘should help repair damage’ – BBC News

On Tuesday, the UK government scrapped plans to house up to 241 asylum seekers at Stradey Park Hotel. The Home Office, which is responsible for dealing with asylum seekers, has not explained the decision. Social justice minister Jane Hutt said she was seeking “urgent reassurances”. The UK government was asked for comment. BBC Wales was told Ms Hutt wanted to see financial compensation as well as the government working to address the impact on the community. Since the plans were first announced in the Summer, there have been frequent protests held outside the hotel and an opposition group was set up.

For full report, click here

Home Office U-turns on plans to house asylum seekers in Llanelli hotel – SKY News

The Home Office has U-turned on controversial plans to house asylum seekers at a hotel in west Wales. The Stradey Park Hotel and Spa in Llanelli was due to house 207 people but the plan was strongly opposed by the council.

Last week, Carmarthenshire County Council wrote to the Home Office urging the UK government to withdraw its plans, citing concerns around escalating community tensions. In recent weeks, several people have been arrested in connection with disorder at the site.      

For full report, click here

The global impact of UK Supreme Court’s ruling on Rwanda deportation plan – The Guardian

Five Supreme Court judges are this week deciding whether the UK government plans to deport tens of thousands of asylum seekers to Rwanda should go ahead. The decision of the UK’s highest court will be life changing for more than 24,000 asylum seekers issued with letters warning them that they are being considered for forcible removal. It will also either make home secretary Suella Braverman’s “dream” come true or poleaxe a key part of Rishi Sunak’s pledge to “stop the boats”.

Whichever way the ruling goes, it will cause a fundamental shift in how asylum seekers are treated, not just in the UK but in dozens of countries around the world, who are watching with interest.

For full report, click here

IT glitch has left us facing deportation from UK, claim students- – The Guardian

Three international students are facing deportation after an alleged technical glitch at their university meant they did not get a final grade. The students claim they had all tried to submit their exams ahead of the deadline given by Coventry University, but they received an error message and were unable to upload their assessments. The university claims there is no evidence of a technical problem with its system.

Despite the university’s offer to allow them the possibility of being able to sit a retake, they say they are likely to face the choice between leaving the UK without a degree or being deported due to a looming visa expiry date.

For full report, click here

Immigration officers visit Turkish barbers in Trowbridge

Home Office immigration officials have visited a Turkish barbershop in Trowbridge to check the paperwork of employees.

Around five officers visited the Zaza barbershop in Silver Street on Thursday, September 28 to make the checks. No arrests were made. The officers were making sure that everyone employed at the businesses had permits enabling them to work legally in the UK. The owner of Zaza traditional Turkish barbers said the officers had visited to make sure no one was working illegally.

For full report, click here

Rwanda accused of broad campaign of repression against dissidents – The Guardian

Human Rights Watch has published a report detailing alleged abuses at home and abroad raises questions over UK government’s asylum plan

Rwandan authorities are coordinating a systematic campaign of repression at home and abroad against political activists, suspected dissidents, and their family members, according to a Human Rights Watch report, raising questions about plans by the UK government to send asylum seekers there.

The US-based rights group details an alleged campaign of extraterritorial killings, kidnappings, and intimidation, as well as arbitrary arrests and enforced disappearances on Rwandan soil.

For full analysis on the report, click here

CASELAW

PA & Anor, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 2476 (Admin)

Following a successful Judicial Review by a destitute woman and child denied public funds, the Home Office has issued new guidance on lifting ‘no recourse to public funds’ restrictions for students. The policy change comes after court rulings have progressively reformed the NRPF policy over recent years. The new instructions set out when NRPF conditions can be lifted for students, addressing a policy that has left some destitute. The court commended the legal assistance provided to the claimants that highlighted the real challenges faced by those denied public assistance.

For full decision, click here

 INDEPENDENT REPORTS

More than 50,000 refugees could become homeless by the end of the year, British Red Cross warns – British Red Cross

Recent projections from the British Red Cross indicate that speeding up asylum decision-making in order to eliminate the backlog this year could put over 50,000 refugees at risk of homelessness. Even at the current processing rate, around 26,000 asylum seekers may face destitution and lack of housing. The 28-day transition period from asylum support to mainstream benefits is too short for most people, putting pressure on local authorities to quickly find housing for the influx of new refugees.

For full report, click here

Understanding the impact of changes to the UK Health and Care Visa System on the adult social care workforce in England, Phase 1: The Visa Study 

A new report from King’s College London examines changes to the Health and Care Worker visa intended to address longstanding staffing shortages in the UK’s health and social care sectors. Recent modifications opened up the Skilled Worker route to senior care workers and care workers, relaxing the usual skill level requirements to encourage recruitment of these roles from abroad. The changes aim to help alleviate staffing shortages in the healthcare and elder care workforce by facilitating immigration of care providers.

For full report, click here 

 HOME OFFICE DOCUMENTS & POLICY UPDATES

  • Guidance: India tuberculosis test clinics for a UK visa has been updated on 11th October 2023. To view the updated Guidance, click here

 

  • Register of licensed sponsors for workers has been updated on 11th October 2023. To view the updated Register, click here

 

  • Register of licensed sponsors: students has been updated on 11th October 2023. To view the updated Register, click here

 

  • Caseworker Guidance Asylum decision making prioritization has been updated on 11th October 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance: Exemptions for visa applications has been updated on 11th October 2023. To view the updated Guidance, click here

 

  • Guidance: Immigration Rules archive: 9 August 2023 to 4 October 2023 has been released on 9th October 2023. To view the updated Guidance, click here

 

  • Guidance: Borders, immigration and citizenship: privacy information notice has been updated on 9th October 2023. To view the updated Guidance, click here

 

  • Guidance: Prove your English language abilities with a secure English language test (SELT) have been updated on 9th October 2023. To view the updated Guidance, click here

 

  • Sponsor guidance appendix A: supporting documents for sponsor applications has been updated on 9th October 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance: Asylum accommodation requests have been updated on 9th October 2023. To view the updated Guidance, click here

 

  • Collection: Family of people settled or coming to settle (immigration staff guidance) has been updated on 6th October 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance: Student Route has been updated on 6th October 2023. To view the updated Guidance, click here

 

  • Guidance: Morocco tuberculosis test clinics for a UK visa have been updated on 6th October 2023. To view the updated Guidance, click here

 

  • Transparency data: Country Returns Guide has been updated on 6th October 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance: Settlement – Gurkhas discharged prior to 1997 has been updated on 5th October 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance: Public funds have been updated on 5th October 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance Deprivation of British citizenship has been updated on 5th October 2023. To view the updated Guidance, click here

 

Stay tuned for more Immigration News next week!

SIGN UP TO OUR NEWSLETTER!
Subscribe and receive updates of the happenings in the law & training events and £10 coupon!  
0

Your Cart