
Immigration News Weekly Roundup – 14 June 2024
This week, the problem of the Home Office’s unreasonable delays in reaching decisions has been highlighted on two separate occasions. Once in the news and once through a High Court judgement.
When it comes to complex applications such as those involving human rights claims, human trafficking, asylum, or applications outside the rules, the Home Office is notorious for making severe and prolonged delays in processing and reaching decisions. These delays can stretch on for months or even years, leaving applicants in a state of uncertainty and limbo. The consequences of such delays are not merely inconvenient; they come at a significant cost to justice. Applicants are left unable to fully participate in society, access essential services, or plan for their future while awaiting a resolution to their case. The protracted nature of these delays undermines the principles of fairness and efficiency that should be the hallmarks of any just immigration system.
In a related case, 61-year-old Jamaican, Mr Henry, who arrived in the UK at 23, has been granted leave to remain after a four-decade struggle due to his inability to prove his residency, a problem common among the Windrush generation. Despite this victory, Mr Henry must wait another decade to apply for citizenship, highlighting the prolonged delays individuals face in the UK’s immigration system.
In a court judgement that further underscores the issue of unreasonable delays by the Home Office, the High Court ruled in R (FH) v Secretary of State for the Home Department [2024] EWHC 1327 (Admin) that the prolonged wait faced by a Kenyan refugee, who was trafficked to the UK as a domestic worker, in receiving a decision on her trafficking claim was not unlawful. Despite the claimant waiting from August 2019 to April 2023 for a decision, the court found that the delays within the National Referral Mechanism were not unlawful and did not take issue with the Home Secretary’s use of an undisclosed list for prioritising decision-making. The judicial review, which challenged the delay in the claimant’s case, the systemic delays within the Single Competent Authority, and the failure to publish guidance on case prioritisation, was ultimately dismissed by the court.
Among other updates, the EU Settlement Scheme Caseworker Guidance was updated on 11th June 2024. The changes from the previous version of this guidance reflect the amendments to the Immigration Rules made in Statement of Changes HC 590, which was laid before Parliament on 14 March 2024. The updates pertain to the reasonable grounds for delay in making an application (in cases of further late applications) and the consideration of validity.
Home Office has also made changes to the “Asylum claims from UK visa applicant’s caseworker” announcing that the Guidance has been temporarily withdrawn while it undergoes further review. The Guidance is intended to cover various aspects of the asylum claims process, including the central reference system (CRS), visa application forms (VAFs) screening and routing actions, casework actions such as file receipt, interviews, decisions, and recommendations, as well as visa match scenarios.
Given the ongoing strict scrutiny imposed by the current government on small boat crossings, it is intriguing to contemplate what changes the updated “Asylum claims from UK visa applicant’s caseworker” guidance might entail once it is published.
A ray of hope for immigration advisors whose clients are affected by the updates to the minimum income threshold, Reunite Families UK (RFUK) has filed a legal challenge against the government’s decision to increase the minimum income requirement (MIR) for spouse, partner, or family member visas to £38,700, in line with the salary requirement for a skilled worker’s visa. RFUK argues that the decision was made without proper analysis and breaches critical public law duties, disproportionately impacting women, certain ethnic groups, and young people, while also adversely affecting the mental health and wellbeing of British children separated from a parent living abroad due to the increased financial threshold.
Also, do not forget that HJT’s online course WINNING PRIVATE & FAMILY LIFE CASES & THE MINIMUM INCOME THRESHOLD is going live next week! Join experts Mark Symes and Adam Pipe for an in-depth exploration of the latest strategies and arguments in ECHR Article 8 cases.
The course offers a comprehensive overview of the legal tests, creative solutions for complex cases, and practical guidance on building robust evidence. You’ll learn how to tackle the new minimum income threshold, navigate medical cases, and effectively rebut typical refusal reasons. Through case studies and practical fact patterns, you’ll gain the skills to apply these strategies to your own cases. Don’t miss this opportunity to elevate your Article 8 expertise – book your place now!
For more information on the course or to register, click here
For more information on our other live sessions, visit here
For enquiries, contact us enquiries@hjt-training.co.uk or call 075441 64692.
For the full list of updates on media news, reports and Home Office Policy and other document updates, see below
IMMIGRATION NEWS
Jamaican man in UK for 38 years must wait another 10 to apply for citizenship – The Guardian
A Jamaican man in his 60s who arrived in the UK at the age of 23 has been granted leave to remain after four decades of struggling to secure his immigration status. But he will not be able to apply for British citizenship for another decade.
Dennis Henry, 61, came to the UK in January 1986 to join members of his family. He was an apprentice tailor and dreamed of a career as an engineer in the music industry. He arrived on a six-month visa and was unsuccessful in attempts to regularise his status because, like some members of the Windrush generation, he was unable to evidence his years of residency in the UK.
For full report, click here
‘We talk about boats … not people’: UK dehumanising refugees, Toby Jones says – The Guardian
The Bafta-winning actor Toby Jones has highlighted the dehumanisation of refugees arriving in the UK in boats and called the Rwanda deportation scheme the latest “in a long line of challenges” that asylum seekers have to face “just to survive”.
Jones, known for his extensive character actor roles on stage and screen, is taking part in a 24-hour “Shakespeare marathon” to fundraise for Compass Collective, a charity that supports the integration of young refugees in the UK through the arts.
For full report, click here
Home Office asks Ukrainian woman scammed over visa scheme to leave UK – The Guardian
A young woman from Ukraine who sought sanctuary in the UK has been asked by the Home Office to separate from her parents who are living here and return to her war-torn home country.
Anastasiia Drevynytska, 20, came to the UK in December 2023 from her home in western Ukraine to join her mother, Svitlana, and father, Volodymyr, who had already arrived after finding sponsors under the Homes for Ukraine scheme.
For full report, click here
UK growth since 2010 has been lacklustre and largely driven by immigration, says report – The Guardian
Rishi Sunak’s pre-election claim that the UK economy is now “going gangbusters” is undermined today by a report which argues that growth since 2010 has been “unspectacular” and has been the result of a rising population, caused principally by high levels of immigration.
The study, Life in the Slow Lane, from the politically independent Resolution Foundation, will add to the consensus among economists and academics that the fundamental economic problems and challenges facing this country are being dodged by the parties during the general election campaign.
For full report, click here
High court rules Home Office acted unlawfully over visa documents – The Guardian
The Home Office is facing a new Windrush-style scandal after a landmark high court ruling found that the home secretary acted unlawfully by failing to provide documents to thousands of migrants proving they are here legally.
The charity Ramfel brought the legal challenge along with Cecilia Adjei, a healthcare worker and mother of two boys aged 17 and 11, who came to Britain from Ghana in 2000.
For full report, click here
Threefold increase in lone child asylum seekers in UK, figures show – The Guardian
The number of unaccompanied children making dangerous journeys across the Channel to seek asylum in the last three years has increased threefold.
Kent county council (KCC) data shared with the Guardian has revealed that in the first five months of this year, 772 children crossed the Channel alone, compared with 242 children in the first five months of 2021.
For full report, click here
Dozens of Rwanda detainees released on bail – BBC News UK
Lawyers representing asylum seekers who were detained to be sent to Rwanda say 79 of their clients have now been released on bail.
Scores of asylum seekers were taken into detention from late April, after Rishi Sunak said that flights would leave in the first weeks of July.
For full report, click here
Reform UK ‘not anti-immigration’ – BBC News UK
Reform UK is not against immigration and favours a “one in, one out” policy, its deputy chairman has said.
Speaking to the BBC following the Scottish party leaders’ debate, David Kirkwood said he does not think Scotland needs more people to cover labour shortages.
For full report, click here
Reunite Families UK launches legal challenge to £38,700 minimum income requirement for family visas
Reunite Families UK is challenging the government’s proposed increase in the minimum income requirement (MIR) for Appendix FM applications, which could rise from the current £29,000 to £38,700 by 2025. The legal challenge questions the objective behind the increase and emphasises its disproportionate impact on women, certain ethnic groups, and young people. It also raises concerns about the detrimental effect on children who may be separated from a parent living abroad because of the higher financial threshold, with the recent increase to £29,000 already having a significant impact on families.
For full report, click here
CASE LAW
R (FH) v Secretary of State for the Home Department [2024] EWHC 1327 (Admin)
The High Court has ruled that the delays experienced by a Kenyan refugee who was trafficked to the UK as a domestic worker in receiving a decision on her trafficking claim were not unlawful. Despite waiting from August 2019 to April 2023 for a decision, the court found that the delays within the National Referral Mechanism were not unlawful and did not take issue with the Home Secretary’s use of an undisclosed list for prioritising decision-making.
The judicial review, lodged on 20 December 2022, challenged the delay in the claimant’s case, the systemic delays within the Single Competent Authority, and the failure to publish guidance on case prioritisation, but the court ultimately dismissed these grounds.
For full decision, click here
R (Refugee and Migrant Forum of Essex and London (RAMFEL) & Anor) v Secretary of State for the Home Department [2024] EWHC 1374 (Admin).
The court held that, the Home Secretary’s failure to provide digital evidence of section 3C leave to those awaiting a decision on their application to extend their leave to remain was Wednesbury unreasonable, given the grave disadvantages suffered by a significant number of people as a result, and the lack of any good reasons for not providing such evidence. The court also found that the Home Secretary had breached the duty under section 55 of the Borders Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of children when deciding whether to provide documentary evidence of section 3C leave.
For full decision, click here
HOME OFFICE GUIDANCE AND DOCUMENTS POLICY UPDATES
Guidance: Register of licensed sponsors workers has been updated on 12th June 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors students has been updated on 12th June 2024. To view the updated Guidance, click here
Guidance: EU Settlement Scheme caseworker has been updated on 11th June 2024. To view the updated Guidance, click here
Guidance: Prove your English language abilities with a secure English language test (SELT) has been updated on 10th June 2024. To view the updated Guidance, click here
Guidance: Asylum claims from UK visa applicant’s caseworker has been updated on 10th June 2024. To view the updated Guidance, click here
Guidance: Seamen arriving in the UK caseworker has been updated on 7th June 2024. To view the updated Guidance, click here
Guidance: India tuberculosis test clinics for a UK visa has been updated on 7th June 2024. To view the updated Guidance, click here