Immigration News Weekly Roundup – 28 June 2024
Highlighted this week was the persistent need for overseas workers in the UK economy. With more businesses and education institutes being added to the register of licensed sponsors. The continued demand for foreign talent across various sectors is also highlighted with the increased figures in the grant of sponsor licenses in the latest Migration Transparency data’s quarterly report issued this week.
However, this trend stands in contrast to the Government’s adamant stance on preventing illegal working, underscoring the delicate balance it must strike between meeting labour market needs and enforcing immigration controls.
Consequently, the Employers’ Guide to Right to Work checks was updated on 21 June 2024. The most significant updates include clarification on the role of the Department for Science and Innovation Technology (DSIT) in the accreditation process of IDSPs. As well as guidance on follow-up checks involving holders of short-dated Biometric Residence Permits (BRPs) and the Home Office’s transition to online evidence of immigration status (eVisa). Additionally, the guidance provides further details on Application Registration Card (ARC) holders granted permission to work in jobs on the Shortage Occupation List or Immigration Salary List and clarifies the acceptability of consular birth certificates as valid documents.
Despite the UK Government’s efforts to curb immigration, net migration overall continues to increase, highlighting the persistent demand for refuge within the country. This is exemplified by the ongoing small boats crossings, which reflect the trust that displaced and vulnerable individuals place in the UK as a safe haven.
However, the Government’s claims of clearing the asylum backlog have come under scrutiny. Thousands of asylum cases that Prime Minister Rishi Sunak claimed had been processed are now on course to be returned to the Home Office due to a surge in appeals. Legal challenges were lodged against more than 29,000 decisions in 2022-23, almost four times the figure seen the previous year, causing a new backlog to build in the specialist court charged with hearing these cases.
The latest quarterly statistics for tribunals show a staggering increase in the number of asylum and protection appeals lodged in the first three months of this year, casting doubt on Sunak’s pledge to resolve the asylum crisis. As the Prime Minister reiterates his plans to commence flights to Rwanda later this year (given that his current Government remains in power), the reality on the ground suggests a more complex and persistent challenge facing the UK’s immigration system.
On a separate note, in the fast-paced digital environment, there is a growing concern about measures to authenticate electronic evidence, particularly in legal proceedings. The recent Post Office Scandal in the UK has highlighted the critical vulnerabilities in this area. Hundreds of postmasters were wrongly accused of theft and fraud due to flaws in the Post Office’s Horizon accounting system, with many convicted and even imprisoned based on faulty digital evidence. This has led to one of the biggest miscarriages of justice in British history, underscoring the pressing need for legal practitioners to have a firm grasp of the complexities and potential pitfalls surrounding e-evidence.
Immigration lawyers, in particular, must be equipped to navigate this evolving arena, as digital information is increasingly being used by migration authorities in refugee status determination (RSD) proceedings. Just as in the Post Office case, there are significant risks if this electronic evidence is unreliable, misinterpreted or presented improperly. The upcoming in-person training on Computer Evidence hosted by the HJT provides a valuable opportunity for these practitioners to learn from experts and network with peers on this crucial topic.
By attending the HJT’s Computer Evidence in Court, immigration lawyers can gain the expertise needed to critically evaluate digital proof and ensure it is handled and presented ethically and effectively. This is a chance for all immigration advisors to be better prepared to protect their clients’ interests in an era where electronic evidence carries ever-greater weight in legal proceedings. 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
African and Asian artists condemn ‘humiliating’ UK and EU visa refusals – The Guardian
Musicians, authors, producers and festival managers have hit out at “humiliating” and costly visa-rejection rates for African and Asian artists visiting Britain and European Union countries, saying it is having a chilling impact on cultural diversity.
Analysis shows the UK last year raised £44m in fees for visa applications that were then rejected, mainly coming from low- and middle-income countries. The EU made €130m (£110m).
For full report, click here
Record number of people have crossed Channel in small boats since January – The Guardian
A record number of people seeking asylum in small boats have crossed the Channel in the first six months of this year.
Home Office figures show that 257 people made the journey in four boats on Sunday, taking the provisional total for the year so far to 12,901. The previous record for arrivals in the six months from January to June was 12,747 in 2022. In the first half of 2023, arrivals stood at 11,433.
For full report, click here
‘It opens eyes’: How one UK school has welcomed and learned from refugees – The Guardian
When a hotel in the village of Birchanger started hosting refugees in 2022, a group of the fathers turned up at the local school one day and asked: “Can our children join?”
It was both an easy and a difficult decision for Birchanger Church of England primary school in Essex. The school sees itself as a welcoming space rooted in the community, yet staff feared that, like most schools, they would be left on their own to integrate the new pupils.
For full report, click here
Home secretary’s aide says Rwanda policy is ‘crap’, in leaked recording – The Guardian
An aide to the home secretary and Conservative parliamentary candidate said the government’s Rwanda scheme is “crap”, in a leaked recording.
James Sunderland, who is running for re-election in Bracknell, was recorded criticising the policy at a Young Conservatives event in April.
For full report, click here
Thousands of cleared asylum claims to be returned to Home Office after errors – The Guardian
Thousands of asylum cases that Rishi Sunak claimed had been cleared are on course to be returned to the Home Office because of soaring appeals blamed on “rushed” decisions and processing errors.
Legal challenges were lodged against more than 29,000 decisions in 2022-23, almost four times the figure seen the previous year, causing a new backlog to build in the specialist court charged with hearing the cases.
For full report, click here
New statistics call into question Sunak’s claim of clearing asylum backlog – The Guardian
Rishi Sunak’s claims to have cleared the asylum backlog by the end of 2023 have been called into question, as data shows appeals against Home Office refusals of asylum claims have increased by more than 300% in the first three months of this year.
In the latest quarterly statistics for tribunals for the period January to March, published by the Ministry of Justice, the number of asylum and protection appeals lodged was 10,000 – an increase of 330%
For full report, click here
How many people cross the Channel in small boats and how many claim asylum in the UK? – BBC News UK
The UK government wants to send some asylum seekers to Rwanda to deter people from crossing the English Channel in small boats.
Prime Minister Rishi Sunak says if he wins the general election, the first flights will leave for Rwanda later in July.
For full report, click here
Candidates clash over immigration in BBC debate – BBC NEWS UK
Politicians hoping to become the next MP for The Wrekin in Shropshire clashed over their differing views on immigration during a BBC debate.
Labour’s candidate Roh Yakobi, who came to the UK from Afghanistan in 2004, claimed the Conservatives’ plan to send some asylum seekers to Rwanda was “helping people smugglers”.
For full report, click here
CASE LAW
Hima v Secretary of State for the Home Department [2024] EWCA Civ 680
Appellant an Albanian citizen, applied for a residence card as the extended family member of an EEA national, Filicia Ruse, with whom he had recently married. The Secretary of State for the Home Department refused the application, concluding that the marriage was one of convenience. The appellant appealed against this decision to the First-tier Tribunal (FTT). The central issue in the case was whether the SSHD had properly established that the marriage was one of convenience, given that the legal burden of proof was on the Secretary of State to do so.
The court found that the First-tier Tribunal (FTT) hearing was unfair for three main reasons: the judge engaged in improper cross-examination of the appellant, going beyond mere clarification; the judge relied on a point about the appellant’s previous marriage that had not been raised with him or his representative; and the judge made inappropriate and unfounded criticisms of the appellant’s representative.
The court concluded that these issues, taken cumulatively, rendered the hearing unfair, and therefore set aside the decisions of both the FTT and the Upper Tribunal. The matter was remitted to the FTT to be reheard by a different judge.
For view the full decision, click here
INDENDENT REPORTS
Assessing the Modern Slavery Impacts of the Nationality and Borders Act: One Year On. Report by Dr Noemi Magugliani, John Trajer and Dr Jean-Pierre Gauci June 2024
The British Institute of International and Comparative Law has published a comprehensive assessment of the changes to modern slavery law following the implementation of Part 5 of the Nationality and Borders Act (NABA), finding that the measures have had a wholly negative impact on the protection and wellbeing of victims of modern slavery in the UK, with no positive outcomes identified in meeting the Act’s express aims.
To view the full report, click here
HOME OFFICE GUIDANCE AND DOCUMENTS POLICY UPDATES
Guidance: India tuberculosis test clinics for a UK visa has been updated on 26th June 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors workers has been updated on 26th June 2024. To view the updated Guidance, click here
Guidance: Register of licensed sponsors students has been updated on 26th June 2024. To view the updated Guidance, click here
Guidance: Licensing authority guide to right to work checks has been updated on 25th June 2024. To view the updated Guidance, click here
Collection: Migration transparency data has been updated on 21st June 2024. To view the updated Collection, click here
Guidance: Right to work checks an employer’s has been updated on 21st June 2024. To view the updated Guidance, click here
Guidance: Landlord’s guide to right to rent checks has been updated on 21st June 2024. To view the updated Guidance, click here
Transparency data: Ukraine Visa Schemes visa data has been updated on 20th June 2024. To view the updated Guidance, click here
STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK!
