Immigration News Weekly Roundup – 15 November 2024
This week, the developments in immigration enforcement highlight a critical situation for UK care providers, maintaining rigorous compliance standards is paramount. The sector’s sensitivity to Home Office checks is heightened by both the potential for substantial penalties and the risk to sponsorship licences. Despite the pressing need for overseas care workers, the Home Office’s enforcement stance remains robust, requiring care providers to ensure thorough right-to-work checks and maintain comprehensive compliance records.
The recent Akbars Restaurant court decision demonstrates there’s no room for complacency. The Court of Appeal’s support of a £15,000 civil penalty, accepting that a simple “no right to work” statement is sufficient for enforcement, shows the serious consequences of non-compliance.
Parallel developments in migration control demonstrate the government’s hardening stance as they continue to highlight an increasingly stringent approach to curbing illegal migration. The conviction of a Birmingham-based smuggler who coordinated a £1.5m Channel crossing operation demonstrates the government’s commitment to tackling organised crime. Prime Minister Stammer’s pledge to “smash” smuggling gangs, though the UN’s International Organization for Migration continues to advocate for safer, legal migration routes.
However, this hardline approach has raised concerns about its impact on trafficking victims. The Home Office’s decision to move the modern slavery brief to the illegal immigration portfolio in 2022 marked a significant shift in approach, following claims that some were “gaming” the system. This administrative change reflects a growing tension between immigration control and victim protection.
The recent High Court decision in KM v Secretary of State provides a crucial counterbalance. By quashing a Home Office decision that refused to reconsider a negative trafficking decision, the court emphasised the need for a more nuanced approach when handling interconnected asylum and trafficking claims. This ruling demonstrates that whilst the government pursues stricter immigration controls, the judiciary remains vigilant in protecting legitimate trafficking victims’ rights.
In such a fast paced and dynamic environment, staying informed and up-to-date is more crucial than ever for legal professionals working in immigration law. This is where a subscription to Mastering Immigration Law proves invaluable. By providing the most current information and detailed explanations of rules, it adds significant value to everyday casework. Moreover, subscribers gain access to generous discounts on live online courses, ensuring continuous professional development (CPD) in this ever-evolving field. For more information or to subscribe, visit here.
Against a backdrop of intensified immigration enforcement and increased detention orders, HJT Training’s annual Judicial Review conference arrives at a critical moment. With the government’s toughening stance on migration control and recent shifts in modern slavery responses, understanding effective judicial review strategies has become paramount for immigration practitioners.
The conference brings together six King Counsels and leading practitioners to share expertise on challenging enforcement actions, with particular focus on Article 3 cases and detention challenges. The timing is especially relevant given recent precedent-setting cases like KM, which demonstrate the judiciary’s vital role in protecting vulnerable individuals. To book your spot, visit 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 Guidance and Policy updates, see below.
Immigration News
Licenses granted to nearly 200 UK care providers despite labour law violations – The Guardian
Nearly 200 care providers have been given government licences to bring foreign nurses to the UK despite having previously violated labour laws, according to a study that highlights widespread employment problems in the social care sector.
The report by the Work Rights Centre shows 177 companies in England have been given licences to sponsor carers, even while publicly available information shows them to have violated workers’ protections in the past.
For Full report, click here
‘AI’ tool could influence Home Office immigration decisions, critics say – The Guardian
A Home Office artificial intelligence tool which proposes enforcement action against adult and child migrants could make it too easy for officials to rubberstamp automated life-changing decisions, campaigners have said. As new details of the AI-powered immigration enforcement system emerged, critics called it a “robo-caseworker” that could “encode injustices” because an algorithm is involved in shaping decisions, including returning people to their home countries.
For full report, click here
Nine boats carrying 572 people intercepted while crossing Channel – The Guardian
Nine boats carrying 572 people have been intercepted while attempting to cross the Channel, according to the Home Office. The latest crossings come after Keri Stammer announced plans to tackle what he described as the “national security threat” of people smugglers, pledging an extra £75m and a new team of detectives.
For full report, click here
Death in UK immigration removal centre is the first believed to be linked to the drug spice – The Guardian
The death of a man in an immigration removal centre a fortnight ago is believed to be linked to the drug spice, in what is thought to be the first case of its kind. The death comes a year after an official report into conditions at Brook House near Gatwick Airport warned that staff believed “it was only a matter of time before a detained person died as a result of taking spice”.
For full report, click here
People smuggler convicted of £1.5m small boats op – BBC News UK
A “prolific” people smuggler has been convicted after coordinating a £1.5m operation to transport migrants across the English Channel in small boats. Pistiwan Jameel, of Birmingham, referred to migrants as “pigeons” and “sticks”, and used his contacts with gangs in France to arrange journeys for clients, while collecting payments in the UK.
For full report, click here
How many people cross the Channel in small boats and how many claim asylum? – BBC News UK
Prime Minister Sir Keri Stammer said he will take tougher measures to “smash” the gangs smuggling people to the UK. The UN’s International Organization for Migration wants the government to create more safe and legal ways for migrants to reach the UK, to avoid these “preventable” deaths.
For full report, click here
Why so many prime ministers have failed to cut migration – BBC News UK
Sir Keir is not the first prime minister to make what appears to be a straightforward promise on immigration. The problem he faces is that pretty much all of his predecessors broke theirs. What makes him think he will be any different?
For full report, click here
Immigration crackdown sees British modern slavery victims imprisoned – Open Democracy
In October 2022, the Home Office made what could have been viewed as a small change to its ministerial responsibilities. It stripped the safeguarding minister of the modern slavery brief, which it moved into the portfolio of the illegal immigration and asylum minister. The change followed months of briefings from the then Conservative government that dangerous criminals, including terrorists and rapists, were “gaming” the modern slavery system by pretending they were victims of exploitation to avoid deportation.
For full report, click here
Case Law
Akbars Restaurant (Middlesbrough) Ltd v Secretary of State for the Home Department [2024] EWCA Civ 1387.
The Court of Appeal upheld a £15,000 civil penalty against a restaurant for employing someone without the right to work in the UK. The key takeaway is that when issuing employer penalty notices, a simple statement like “no right to work” is legally sufficient – the Home Office doesn’t need to specify exactly which subsection of the Immigration Act was breached. The court emphasized that penalty notices should be read as a whole, and the law’s requirements are “general and non-prescriptive,” with the main purpose being to discourage illegal employment
For full decision, click here
KM, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 2870 (Admin)
The High Court quashed a Home Office decision that refused to reconsider a negative trafficking decision. It was held that while there’s normally a one-month time limit to request reconsideration of trafficking decisions, the Home Office acted irrationally by refusing a late request in this case. This was because they had wrongly treated the claimant’s asylum claim as withdrawn (due to missing an interview for which he had a valid medical excuse), and this error likely influenced the trafficking decision. The court emphasized that when asylum and trafficking claims are interconnected, errors in one process can make a case “exceptional” enough to justify extending the usual time limits for the other.
For full decision, click here
M.I. v. Switzerland (App no. 56390/21)
The European Court of Human Rights ruled that Switzerland would violate Article 3 of the European Convention (prohibition of torture and inhuman treatment) if it deported a gay Iranian asylum seeker back to Iran without properly assessing two key factors: (1) the risks he would face as a homosexual man in Iran, and (2) whether he would have adequate state protection from harm by non-state actors. The Court rejected Switzerland’s argument that the man could avoid persecution by living “discreetly” and hiding his sexuality. The key takeaway is that authorities must thoroughly assess the risks LGBTI asylum seekers face both from state and non-state actors in their home country and cannot simply suggest they should conceal their sexual identity to avoid persecution.
For full decision, click here
Home Office Guidance and Documents Policy Updates
Guidance: Changes to the commercial partner visa application services has been updated on 13th November 2024. To view the updated Guidance, click here
Guidance: Right to work checks: an employer’s guide has been updated on 13th November 2024. To view the updated Guidance, click here
Collection: Country policy and information notes has been updated on 13th November 2024. To view the updated Collection, click here
Guidance: Pakistan: country policy and information notes has been updated on 13th November 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsor’s workers has been updated on 13th November 2024. To View the updated Guidance, click here
Guidance: Register of licensed sponsor’s students has been updated on 13th November 2024. To view the updated Guidance, click here
Guidance: Calais leave caseworker has been updated on 13th November 2024. To view the updated Guidance, click here
Overview: Visa to pass through the UK in transit. For full report, click here
Overview: Prove you have right of abode in the UK. For full report, click here
Guidance: Bangladesh country policy and information notes has been updated 12th November 2024. To view the updated Guidance, click here
Guidance: Living in the UK applying from within the UK has been updated on 11th November 2024. To view the updated Guidance, click here
Guidance: Afghanistan country policy and information notes has been updated on 11th November 2024. To view the updated Guidance, click here
Guidance: Illegal working closure notice and compliance orders has been updated on 11th November 2024. To view the updated Guidance, click here
Collection: Archive Immigration Rules has been updated on 11th November 2024. To view the updated Guidance, click here
Guidance: (Immigration Rules archive: 10 October 2024 to 7 November 2024) has been published on 11th November 2024. To view the updated Guidance, click here
Overview: UK visa sponsorship for employers. For full report, click here
Guidance: Multi-agency public protection arrangements (MAPPA). Has been updated on 8th November 2024. To view the updated Guidance, click here
Guidance: Student sponsor has been updated on 8th November 2024. To view the updated Guidance, click here
Guidance: Assessing age for asylum applicant’s caseworker has been updated 8th November 2024. To view the updated Guidance, click here
Guidance: Appendix International Forces has been updated on 8th November 2024. To view the updated Guidance, click here
Form: Apply for permission to stay in the UK as a child of a non-parent relative with protection status in the UK FLR(P) has been updated on 8th November 2024. To view the updated Form, click here
Written by Shareen Khan
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