Immigration News Weekly Roundup – 21 June 2024
In the news this week has predominantly focused on the upcoming elections and with that, each party’s manifesto on their plan of action for immigration policies.
As the UK gears up for the general election, each party has outlined their stance on immigration. The Conservatives promise to start Rwanda deportation flights immediately if they win and aim to halve net migration. Labour plans to cut net migration (without specifying a figure), scrap the Rwanda scheme, and establish a border security command to curb Channel crossings. The Liberal Democrats and Greens take a different approach, advocating for safe, legal routes for asylum seekers and easing restrictions on migrant workers. Plaid Cymru also supports creating more safe routes for asylum seekers to come to Britain. Voters should carefully consider these contrasting positions when casting their ballots on election day.
Meanwhile, Nigel Farage, leader of the Reform Party, launched his party’s manifesto in South Wales, stating that the 2024 general election “should be the immigration election”. The party’s five core pledges include freezing “non-essential” immigration, which Farage blames for NHS waiting lists and the housing crisis, deporting people crossing the Channel in small boats, cutting bureaucracy to lead to “zero” NHS waiting lists, axing income tax on earnings under £20,000, scrapping Net Zero targets in favour of fossil fuels, and leaving the European Convention on Human Rights. Reform claims that their proposed tax cuts and spending increases, totalling nearly £140bn per year, could be paid for by £150bn in annual savings from various measures; however, Carl Emmerson from the Institute for Fiscal Studies (IFS) described “the package as a whole” as “problematic”.
Over 4 million non-EU migrants living in Britain must switch to digital “eVisas” by year’s end or risk being unable to prove their legal rights, according to the Observer. The Home Office is phasing out Biometric Residence Permits (BRPs), which serve as evidence of a foreign national’s right to study, access public services, and claim benefits in the UK. However, the Home Office’s hasty digitisation plan, affecting millions of people in the UK, is causing concern among campaigners and charities, who warn that the next government must address the 31 December deadline to avoid a disaster.
Many vulnerable individuals, including refugees and survivors of trafficking and torture, risk losing access to vital benefits and being unable to prove their right to work, rent, or travel due to the rushed and chaotic implementation of the eVisa system.
With the rise of AI and digital documents, UK courts have intensified their scrutiny of electronic evidence, making it crucial for legal professionals to establish the credibility of such evidence. The Post Office scandal has set a precedent that affects all areas of law, including immigration, and has highlighted the importance of being prepared to meet these challenges head-on.
Finally this week, HJT is thrilled to announce an exclusive in-person course on Computer Evidence in Court, led by renowned experts like Professor Stephen Mason, David Bridge, and Jonathan Bridge, which provides critical updates on the law of evidence and equips attendees with the tools needed to safeguard their practice. Regardless of the area of legal practice, it is essential to have the knowledge and skills necessary to present digital evidence effectively and challenge its reliability, when necessary, given the rapidly evolving landscape of digital evidence. For more information or to register, 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 Policy and other document updates, click here
IMMIGRATION NEWS
Immigration: More people believe it has a negative impact on society than positive, poll suggests – SKY News
More people in the UK think immigration has a negative impact on society compared to a positive one, according to a new survey carried out by YouGov exclusively for Sky News.
The survey revealed deep political distrust among the public, with 52% saying they think Labour are not telling the truth about what they think on immigration, and 49% saying the same thing about the Conservatives.
For full report, click here
Reform UK proposes ‘freeze’ on immigration – BBC News
Nigel Farage has said the 2024 general election “should be the immigration election”, as he launched his party’s proposals in south Wales.
The Reform Party leader said he wanted to see a “freeze” on non-essential immigration, which he blamed for NHS waiting lists and the housing crisis, saying other parties “would rather not discuss it”.
For full report, click here
Reform UK’s employer immigration tax explained – Fact Check
The Reform party has announced plans for an “employer immigration tax” on companies that choose to employ overseas workers instead of British citizens.
Reform announced on 30 May a plan to require businesses to pay a national insurance “premium” if the worker is from overseas. Richard Tice, who was then the party’s leader, said “if you want to employ people, non-British passport holders, then we think it’s perfectly reasonable that you pay a premium on National Insurance, so actually what you should pay is National Insurance of 20 per cent”.
For full report, click here
‘Rushed’ deadline for UK digital visas puts millions at risk of losing legal rights – The Guardian
More than 4 million non-EU migrants living in Britain will need to switch to digital “eVisas” by the end of this year or risk being unable to prove their legal rights, according to figures seen by the Observer.
Biometric Residence Permits (BRPs) – given to all foreign nationals with permission to live in the UK for at least six months – demonstrate proof of an individual’s right to study, access public services and claim benefits. But they are being replaced under the Home Office’s digitisation programme.
For full report, click here
Children trapped in war zones because of UK refusal to ease refugee visa rules – The Guardian
Children are being trapped in war zones as a result of “impossible” bureaucratic requirements imposed on one of the few legal routes for asylum seekers, a charity has found.
The government has championed family reunion processes as a means for refugees to safely reunite with loved ones in Britain, but according to a new report by Ramfel, a charity that supports vulnerable migrants, the scheme is “not fit for purpose” and applicants have been abandoned, leaving them at risk of trafficking or even death.
For full report, click here
Next government may face claims for compensation from Rwanda flight detainees – The Guardian
The next government could have to make costly payouts to dozens of asylum seekers detained for deportation to Rwanda, even if the Rwanda deal falls apart after the general election. Legal actions are being lodged by asylum seekers who say the Home Office locked them up unlawfully before the threatened first flight to the east African country. Home Office sources indicated they did not accept these claims.
For full report, click here
The inhumane treatment of LGBTQ+ refugees in the UK has to end – Dazed
On World Refugee Day, Nigerian activist Joel Mordi describes the harsh conditions and homophobic abuse he experienced at an immigration detention center in Britain
To read the full story, click here
Migrant fish workers to be protected in new scheme as 35% face abuse across UK – STV News
Over a third of overseas workers interviewed across UK say they have faced physical violence or racial abuse. A report released by Nottingham University in 2022 suggested 35% of those interviewed across UK had faced physical violence or had been racially abused. A pilot scheme is due to be launched in the Northeast of Scotland to better protect the rights of migrant fish workers.
For full report, click here
CASE LAW
Donald, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1492 (Admin)
The Appellant in the case is a victim of the Windrush scandal, to the Home Secretary’s decision not to proceed with certain recommendations made in the Windrush Lessons Learned Review (WLLR), namely Recommendations 3, 9 and 10.
The High Court found that the Home Secretary’s decision did not breach a substantive legitimate expectation that the recommendations would be implemented, but it did breach a procedural legitimate expectation of prior consultation in relation to Recommendations 9 and 10.
The Court also held that the decision indirectly discriminated against Windrush victims in breach of Article 14 of the European Convention on Human Rights in respect of Recommendations 9 and 10, and that the Home Secretary failed to comply with the Public Sector Equality Duty under section 149 of the Equality Act 2010 when deciding not to proceed with the responses to those two recommendations.
For full decision, click here
Berisha v Secretary of State for the Home Department (Exclusion – Substantive) SC/191/2022
The Special Immigration Appeals Commission (SIAC) dismissed Sali Berisha’s appeal against the Home Secretary’s decision to exclude him from the UK due to criminality and corruption, finding no arbitrariness or irrationality in the decision-making process. The SIAC determined that the evidence available to the Home Secretary at the time of the decision provided an adequate basis for the conclusions reached, as each conclusion was properly drawn from a holistic assessment of the evidence.
For full decision, click here
ZR v London Borough of Haringey & Anor [2024] EWHC 1476 (Admin)
The key issue in this case was whether the Home Secretary’s decision to change the policy on giving notice to newly recognised refugees of the cessation of their asylum support and accommodation was unlawful. The High Court refused permission for judicial review, finding that:
(1) the claimant had not suffered prejudice from the policy change and lacked sufficient interest to bring the claim;
(2) there was no arguable case that the policy change was the cause of the difficulties faced by refugees;
(3) the claimant’s homelessness resulted from the local authority’s decision that he was not in priority need, not the Home Office’s policy; and
(4) the wider evidence did not establish that the policy change was prejudicial or had a systemic effect, though individual cases of prejudice could potentially be challenged.
For full decision, click here
HOME OFFICE GUIDANCE AND DOCUMENTS POLICY UPDATES
Register of licensed sponsors: workers has been updated on 20th June 2024. To view the updated Register, click here
Register of licensed sponsors: students has been updated on 20th June 2024. To view the updated Register, click here
Transparency data: Ukraine Visa Schemes has been updated on 20th June 2024. To view the latest data, click here
Form: Application for immigration bail accommodation (exceptional circumstances – Article 3 ECHR) BAIL 409 form has been updated on 18th June 2024. To access the updated form, click here
Guidance: Prove your English language abilities with a secure English language test (SELT) has been updated on 17th June 2024. To view the updated Guidance, click here
Caseworker Guidance: EU Settlement Scheme has been updated on 11th June 2024. To view the updated Guidance, click here
STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK!
