Immigration News Weekly Roundup – 22 November 2024
In a week marked by significant developments in UK immigration policy and jurisprudence, the Home Office faces mounting pressure on multiple fronts, from EU citizens’ rights to asylum accommodation concerns.
A critical spotlight has been cast on the treatment of EU citizens post-Brexit, as questions emerge about their right to travel while awaiting settlement decisions. The matter has escalated to statutory bodies demanding clarity from the Home Office, echoing the discretionary principles highlighted in the recent Hippolyte judgment. This High Court decision, while upholding the Home Office’s strict residence requirements, nonetheless emphasised the importance of proper consideration of discretionary powers in immigration decisions.
The asylum system continues to face significant challenges, with Dame Angela Eagle revealing an increase in hotel accommodation usage – now at 220 sites, up by seven since July. This development comes alongside revelations about a “rushed and misjudged” £15m purchase of an asbestos-ridden asylum accommodation site, backed by senior Conservative figures.
In response to these mounting pressures, Labour’s Sir Keir Starmer has signalled support for exploring Italian-style migration agreements, suggesting a potential shift in approach should there be a change in government. This policy direction aligns with comments from the UK’s new border security commander, Martin Hewitt, who advocates for a sustained approach to dismantling smuggler networks.
The courts continue to shape immigration policy implementation. The recent KM v Home Secretary ruling emphasises the intricate relationship between asylum and trafficking decisions, particularly highlighting the importance of procedural fairness. The judgment suggests that administrative errors in one aspect of an immigration case can have significant implications for related decisions – a principle that could influence future cases involving multiple immigration applications.
These developments occur against the backdrop of the Hippolyte decision, which, while confirming the Home Office’s discretion in Windrush cases, highlights the high threshold required to challenge immigration rules, even in cases involving historic injustices.
For practitioners, these developments suggest an increasingly complex time requiring careful navigation of both procedural requirements and discretionary powers. The emphasis on proper procedure in KM, combined with the strict approach to residence requirements in Hippolyte, indicates the delicate balance courts are striking between maintaining immigration control and ensuring fairness in individual cases.
Adding to these developments, the First-tier Tribunal has introduced stringent new Practice Directions for appeal bundle preparation, signalling a tougher approach to evidence management. The changes require condensed expert reports, properly interpreted witness statements, and more precisely organised documentation, with non-compliance potentially carrying severe consequences. This shift aligns with the broader trend of increased scrutiny in immigration matters.
In response to these significant changes, HJT Training has arranged a timely live online flash course NEW ERA FOR IMMIGRATION APPEALS: Practical Pointers to Ensure Compliance for Tuesday, 26th November 2024.
Experts Mark Symes and Adam Pipe will guide practitioners through these new requirements, ensuring they can effectively navigate both the procedural demands of the Tribunal as per the new Directions and policy developments.
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For the full list of updates on media news, reports and Home Office Guidance and Policy updates, see below
Immigration News
Home Office pressed on EU citizens removed while awaiting approval to stay – The Guardian
Hopes have been raised for EU citizens who have faced being removed from the UK post-Brexit even while they wait on their applications to stay, after a statutory body wrote to the Home Office demanding clarity on their legal right to go on holiday or visit family abroad. The move comes after a number of cases came to light involving the removal of EU citizens when they returned to the UK after a visit abroad.
For full report, click here
Starmer backs plans to explore Italian-style migration deals to limit crossings – The Guardian
Keir Starmer is supporting plans to look at Italian-style migration deals with other nations to reduce the number of small boat crossings, saying that the UK has “got to do everything we can” on the issue.
Refusing to rule out seeking arrangements with Vietnam, Turkey and others to provide financial incentives to stop would-be asylum seekers setting out for the UK, Starmer stressed the need for as many approaches as possible.
For full report, click here
Tory pair backed ‘rushed and misjudged’ asylum site purchase, watchdog says – The Guardian
Leading Tories Robert Jenrick and Oliver Dowden were on the committee that backed plans for the “rushed and misjudged” £15m purchase of an asbestos-ridden site for asylum accommodation, Whitehall’s spending watchdog has disclosed.
For full report, click here
Rise in hotels used by asylum seekers, says minister – BBC News UK
The number of hotels being used to house asylum seekers has risen by seven since the general election, the government has disclosed. Home Office minister Dame Angela Eagle told MPs that 220 hotels were now in use, with 14 opened and seven closed since the July poll.
For full report, click here
We must chip away at smuggler business models – Border Chief – BBC News UK
The UK’s first border security commander has pledged to keep “chipping away” a people smugglers’ business models until they are no longer profitable. In his first broadcast interview since taking up the job in September, Martin Hewitt said there was no “simple answer” to stopping people crossing the Channel in small boats.
For full report, click here
Case Law
(KM) v Secretary of State for the Home Department [2024] EWHC 2870 (Admin)
The High Court ruled in R (KM) v Secretary of State for the Home Department that an unlawfully withdrawn asylum claim could warrant extending time limits for reconsidering a trafficking decision. The case centred on an Albanian national whose asylum claim was wrongly withdrawn after missing an interview for medical reasons. The court found that this error likely impacted the negative trafficking decision made during this period, as the claimant hadn’t been able to present his full case, thus highlighting the important relationship between asylum and trafficking decisions.
For full decision, click here
Hippolyte v Secretary of State for the Home Department [2024] EWHC 2968 (Admin)
The High Court dismissed Ms Hippolyte’s challenge to the Home Office’s refusal of indefinite leave to remain under the Windrush Scheme. Though she was a child of a Windrush generation member, she failed to meet the continuous residence requirement after leaving the UK in 2002. While the court found the Home Office should have considered using discretion, it ruled this wouldn’t have changed the outcome. The court also upheld the residence requirement as a justified way to demonstrate UK ties, despite its strict nature.
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 20th November 2024. To view the updated Guidance, click here
Overview: Apply for a Home Office travel document, click here
Guidance: Register of licensed sponsor’s workers has been updated on 20th November 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors students has been updated on 20th November 2024. To view the updated Guidance, click here
Guidance: Permitting access to public funds has been updated on 19th November 2024. To view the updated Guidance, click here
Guidance: UK visas on a Temporary Work route caseworker has been updated on 18th November 2024. To view the updated Guidance, click here
Guidance: Form RN has been updated on 18th November 2024. To view the updated Guidance, click here
Guidance: Namibia: country policy and information notes has been updated on 18th November 2024. To view the updated Guidance, click here
Collection: Country policy and information notes has been updated on 15th November 2024. To view the updated Collection, click here
Guidance: Occupied Palestinian Territories: country policy and information notes has been updated on 15th November 2024. To view the updated Guidance, click here
Guidance: Check your EVisa is correct before you travel has been updated on 15th November 2024. To view the updated Guidance, click here
Form: Wind rush Compensation Scheme claim forms and guidance has been updated on 15th November 2024. To view the updated Form, click here
Written by Shareen Khan
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