Immigration News Weekly Roundup – 27 October 2023

Immigration News Weekly Roundup – 27 October 2023

The Home Office faces renewed criticism this week over its treatment of vulnerable Asylum Seekers. A legal challenge by the charity Care4Calais accuses the government of unlawfully segregating asylum seekers based on nationality at a remote Essex airbase. Approximately 200 people, mainly from Eritrea and Afghanistan, are housed at the Wethersfield base, located nearly 12 miles from the nearest town. Care4Calais alleges the accommodation arrangements amount to “false imprisonment” and “segregation by nationality.”

The Home Office also announced plans to close 50 hotels used to house asylum seekers and speed up processing of applications to clear backlogs. Glasgow City Council warned this could create a “humanitarian crisis” by forcing more refugees into homelessness.

On a positive note, the first chartered flight carrying around 200 Afghan refugees departed Islamabad for the UK this week. This follows previous commitments to relocate Afghans who supported British forces but were left behind after the 2021 Taliban takeover. Hundreds more await relocation from Pakistan and Iran.

UKVI’s efforts to curb illegal migrants continue with a crackdown on businesses to investigate illegal workers, arresting 11 agency staff at a London hotel this week. Five were detained pending removal, while six others were released on bail. All lacked the right to work.

With heightened scrutiny on sponsor obligations and migrant rights, immigration advisors will benefit from staying up-to-date on Home Office policies. HJT’s live online course, Home Office Audits scheduled on 21^st November, provides timely guidance on recent audit regimes and Rule changes. All our course may be found here

Amongst the case law, two interesting Article 3 judgments emerged this week, underscoring the complex balancing act between efficiency and rights protections.

In A.M.A. v. Netherlands, last-ditch pleas from an asylum seeker facing deportation to Bahrain were given short shrift. The Appellant ended up experiencing the very mistreatment he feared, leading judges to strike Dutch authorities for flouting Article 3 obligations. Rushing removals without due diligence risks overlooking credible risks.

Meanwhile, in In THTN v Secretary of State for the Home Department [2023] EWCA Civ 1222 a Vietnamese woman jailed in the UK won the right to have her deportation reconsidered over Article 3 health concerns post-release. Judges reprimanded the system for fixating on her kidnapping conviction rather than fairly weighing the evidence.

As the Home Office implements new asylum and enforcement measures, remaining informed on policies, compliance and rights protections will be vital for affected individuals and advisors. Careful attention to cases like these sheds light on ongoing issues.

Staying up-to-date on compliance can help advisors protect their clients from penalties. Recent audits and raids serve as reminders that proper documentation must be in place.

Subscribing to an immigration law resource like Mastering Immigration Law ensures practitioners can access the latest need-to-know updates and analysis. With our editor Mark Symes analysing each update, immigration practitioners are assured to stay on top of this moving target.

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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

Government faces legal challenge over ‘unlawful segregation’ of asylum seekers – The Guardian

The Home Office has been accused of unlawfully segregating asylum seekers from the local population based on their nationality by “falsely imprisoning” them on a remote Essex airbase.

A legal challenge launched by the charity Care4Calais against the home secretary, Suella Braverman, has warned that about 200 people accommodated at Wethersfield airbase are being subjected to “segregation by nationality”. Many living at the base, which is almost 12 miles from the nearest town, Braintree, come from countries including Eritrea and Afghanistan, while the majority of the population in villages close to the base is white.

For full report, click here

Visitors to UK who incite antisemitism will be removed, says minister – The Guardian

The UK immigration minister, Robert Jenrick, has suggested that visitors to the country will be removed if they incite antisemitism, even if their conduct falls “below the criminal standard”.

Jenrick said he could not get into “specific cases” of visa-holders whose conduct is being reviewed, saying there was a “legal process that must be followed properly”, but noted some people had been seen “glorifying” terror activities and “praising Hamas”.

For full report, click here

Cutting asylum backlog will mean more homeless refugees, Glasgow council warns – The Guardian

Home Office plans to significantly reduce the backlog of asylum claims will create a “humanitarian crisis” by increasing homelessness among refugees, Glasgow city council has warned.

The council believes there is a direct link between a Home Office announcement on Tuesday that it is closing 50 hotels being used for asylum seekers and a move to bulk-process asylum applications later this year, to clear the backlog of unresolved cases.

For full report, click here

Plan for UK to host thousands of Gaza refugees drawn up by charities – The Guardian

A blueprint setting out how Britain could provide refuge to thousands of Palestinians from Gaza has been drawn up by a coalition of charities and groups.

Organisations including the Refugee Council, Safe Passage International, Doctors of the World, Helen Bamber Foundation and City of Sanctuary have raised concerns about the conflict worsening the Palestinian refugee crisis.

First special flight from Islamabad to United Kingdom to relocate 200 Afghan refugees today – DAWN News, Pakistan

The first chartered flight will depart from Islamabad International Airport to the United Kingdom (UK) to relocate about 200 Afghan refugees on Thursday (today).

Around 3,000 Afghans, many of whom worked for the British army, were evacuated to be provided residence in the UK following the Afghan Taliban’s takeover of Kabul in August 2021. They have been stuck in Pakistan since last year when the UK authorities made accommodation arrangements a prerequisite for repatriation. Hundreds are also trapped in Iran waiting for the relocation.

The UK government had pledged to move all Afghans eligible for resettlement even without a confirmed accommodation before coming to Britain.

For full report, click here

Carers recruited from abroad subjected to ‘widespread exploitation’ in the UK – SKY News

Widespread exploitation of carers recruited from abroad is the “the number one priority” for the agency that investigates criminality affecting workers in England and Wales.

The Gangmasters and Labour Abuse Authority (GLAA) told Sky News the Health and Care Worker visa system is being abused by criminals, leading to “a constant stream of allegations” of fraud and modern slavery. GLAA Senior Investigating Officer Martin Plimmer said there are more than 30 ongoing investigations into care agencies operating illegally and that his organisation still “doesn’t know the full extent” of the problem.

For full report, click here

Eleven illegal workers arrested at Central London hotel – UKVI News

Immigration Enforcement at the London Marriott Hotel Regents Park arrested 11 agency workers this week.

The intelligence-led operation uncovered illegal working and exploitation of agency staff at the 4 star hotels in London. The agency staff, of 6 different nationalities, was significantly underpaid and was thought to be working at the hotel for half the normal salary under 2 separate subcontractors.

Five of the staff encountered was detained pending their removal from the country, while a further 6 were bailed and will be required to report regularly to the Home Office. None of them had the right to work in the UK.

For full report, click here

 CASE LAW

A.M.A. v. the Netherlands (App no. 23048/19)

The case involved the authorities’ final risk evaluation of deporting the Appellant to Bahrain. This was done during last-minute proceedings on a subsequent asylum request filed shortly before removal. The Appellant argued that the risk of facing treatment violating Article 3 if deported, which did happen, was not adequately evaluated. He also lacked effective ways to contest that evaluation. The State failed to meet its Article 3 obligation to properly assess the alleged ill-treatment risk before deporting him. This violated Article 3.

For full decision, click here

THTN v Secretary of State for the Home Department [2023] EWCA Civ 1222

The Appellant, a Vietnamese woman, claimed asylum in 2010, alleging trafficking, and was granted refugee status. In 2015, she pled guilty to kidnapping and was jailed for over 11 years. It was ruled that her Article 3 appeal regarding deportation must be allowed, as the tribunals failed to properly assess the evidence on her health and deportation risks. Her health and access to care in Vietnam must be re-examined at a new hearing.

For full decision, click here

 HOME OFFICE GUIDANCE & POLICY DOCUMENTS UPDATES:

• Collection: Immigration staff guidance on various Caseworker Guidance have been updated on 26^th October 2023. To view the full collection, click here

• Collection: Asylum support (asylum instructions) have been updated on 25^th October 2023. To view the updated Guidance, click here

• Restricted leave: caseworker guidance has been updated on 25^th October 2023. To view the updated Guidance, click here

• Guidance: Register of licensed sponsors – workers has been updated on 25^th October 2023. To view the updated Guidance, click here

• Register of licensed sponsors: students has been updated on 25^th October 2023. To view the updated Guidance, click here

• Guidance: Electronic travel authorisation (ETA) – residents of Ireland has been updated on 25^th October 2023. To view the updated Guidance, click here

• Guidance: Using the ‘UK ETA’ app has been published on 25^th October 2023. To view the Guidance, click here

• Promotional material: Electronic travel authorisation (ETA) – help videos have been published on 25^th October 2023. To view the materials, click here

• Electronic travel authorisation (ETA): privacy information notice has been published on 25^th October 2023. To view the document, click here

• Guidance Information booklet for asylum applications has been updated on 25^th October 2023. To view the updated Guidance, click here

• Guidance: Kenya – tuberculosis test clinics for a UK visa have been updated on 25^th October 2023. To view the updated Guidance, click here

• Guidance: Apply for an electronic travel authorisation (ETA) has been updated on 25^th October 2023. To view the updated Guidance, click here

• Travel bans: caseworker guidance has been updated on 24^th October 2023. To view the updated Guidance, click here

• Following Guidance on Windrush scheme have been updated on 24^th October 2023:

• Windrush scheme Caseworker Guidance
• Windrush Compensation Scheme: claim forms and guidance
• Windrush Scheme application form (UK)
• Windrush Scheme: full eligibility details
• Windrush Compensation Scheme: full rules
• Windrush Compensation Scheme: caseworker guidance

• Guidance: Turkey – country policy and information notes have been updated. To view the updated Guidance, click here

• Guidance: Secure English language test (SELT) has been updated on 23^rd October 2023. To view the updated Guidance, click here

• Transparency data: Country returns guide has been updated on 23^rd October 2023. To view the updated Guidance, click here

• Guidance: UKRI endorsement: employing or hosting institutions (Global Talent visa) has been updated on 19^th October 2023. To view the updated Guidance, click here

• Ukraine Visa Schemes: visa data has been updated on 19^th October 2023. To view the updated data, click here

Stay tuned for more Immigration News next week!