Immigration News Weekly Roundup – 8 March 2024
In the news this week, the channel crossings and the efforts to reduce net migration remain pressing concerns. The UK and other northern European countries discussed new commitments to disrupt the supply chain of small boats. The UK and France will lead a new customs partnership, inviting other Calais Group members to discuss the initiative in detail in April. This partnership aims to work with countries throughout the supply chain of small boat materials and build on the effective work already being done to prevent small boat launches from northern France. Through this customs partnership, countries and their customs agencies will be able to share information more effectively to disrupt shipments of small boat materials, preventing them from making it to the English Channel.
While the government remains resolute in its efforts to deport individuals, Prime Minister Rishi Sunak has encountered significant setbacks in the House of Lords concerning his contentious Rwandan deportation bill, as peers have defeated the government on all 10 votes related to the legislation.
The Prime Minister endured his heaviest defeat in the House of Lords, where the Archbishop of Canterbury and former Conservative ministers joined forces with the opposition to force through five amendments. The succession of defeats in the upper chamber means the safety of Rwanda bill will be subjected to further political ping-pong on its return to the Commons.
Additionally, a report surfaced that Rishi Sunak’s flagship plan to send asylum seekers to Rwanda will cost taxpayers £1.8m for each of the first 300 people the government deports to Kigali, according to Whitehall’s official spending watchdog. The overall cost of the scheme stands at more than half a billion pounds, with the UK committed to paying £370m from the public purse over the five-year deal, even if nobody is sent to the central African state. The costs amidst the current economic crisis fuel further criticism for the Rwanda regime.
This week saw two notable case law decisions reported.
In Hafiz Aman Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201, the Court of Appeal dismissed Ullah’s appeal challenging the Upper Tribunal’s ruling that upheld the order to deprive him of British citizenship, affirming the Secretary of State’s power to reconsider matters with new information despite adjudicator decisions, the requirement for proper procedures and evidence to disregard First-Tier Tribunal determinations granting refugee status, and that Ullah was not denied a full factual review by being limited to challenging the adverse decision on public law grounds.
In the case of MP1, R (On the Application Of) v Secretary of State for Defence, the Appellant successfully challenged the UK Defence Afghan Relocation and Resettlement Review Panel’s decision denying them eligibility for relocation to the UK under the Afghan Relocations and Assistance Policy (ARAP). The claimants argued they faced real risk from the Taliban in Afghanistan. The court ruled in favour of Appellant, determining that the Panel failed to properly consider relevant evidence, provide sufficient reasoning given the evidence, and that their decision was unreasonable and irrational. This case represents another successful legal challenge by a former Afghan judge who was unlawfully excluded from the ARAP scheme despite facing threats in Afghanistan. Identities were kept anonymous due to the risks involved.
Amidst several policy updates and data reports, the EU Settlement Scheme quarterly statistics, December 2023 have been updated on 1st March 2024. This publication provides statistics on applications to the EUSS, and the outcomes of those applications, covering the period from the launch of the first private beta scheme on 28 August 2018 to 31 December 2023.
HJT’s live online course THE EU SETTLED STATUS SCHEME – THE LATEST THINKING comes at a crucial time as post-Brexit issues continue to impact EUSS applicants in the UK. Despite the June 2021 deadline passing, complex matters surrounding pre-settled status, derivative rights, joining family members, and appeals persist. With tens of thousands of late applications awaiting decisions and refusal rates rising, immigration advisors must stay updated on the latest legal developments, case law, and UKVI practices related to validity, eligibility, and evidentiary requirements. For more information on the course, click here.
For full list of our upcoming courses, visit here. For enquiries, contact us enquiries@hjt-training.co.uk or call 075441 64692.
Full list of updates on media news, reported case law and Home Office Policy and other document updates, as reported below
IMMIGRATION NEWS
New measures to tackle small boats agreed by Calais Group – UKVI
The UK and other Northern European countries discussed new commitments to disrupt the supply chain of small boats. The UK and France will lead a new customs partnership, which they have invited other Calais Group members to discuss in detail in April. This is an initiative to work with countries throughout the supply chain of small boat materials and will build on the effective work already being done to prevent small boat launches from northern France.
Partnership countries and their customs agencies will, through the customs partnership, be able to share information more effectively to disrupt shipments of small boat materials, preventing them from making it to the English Channel.
For full report, click here
Rwanda deportation bill set back again after House of Lords votes – The Guardian
Rishi Sunak has suffered further setbacks in the House of Lords over his controversial Rwandan deportation bill after peers defeated the government on all 10 votes.
This week’s votes came after the Prime Minister endured his heaviest defeat in the House of Lords when the archbishop of Canterbury and former Conservative ministers joined forces with the opposition to force through five amendments. The succession of defeats in the upper chamber means the safety of Rwanda bill will be subjected to further political ping-pong on its return to the Commons.
For full report, click here
‘No foot-dragging’, warns chair of inquiry into 27 Channel deaths – The Guardian
The chair of an inquiry into the deadliest Channel disaster for more than 40 years has warned that he expects “full cooperation” and no “foot-dragging” from authorities and individuals as he investigates events leading to at least 27 deaths.
In an opening statement, Sir Ross Cranston said the inquiry would examine the events of 24 November 2021 and initially attempt to establish who the deceased were and when, where and in what circumstances they died before attempting to establish what further lessons could be learned.
For full report, click here
Seven-year-old girl dies after makeshift boat heading to UK capsizes in France – The Guardian
A seven-year-old girl has died in a canal close to Dunkirk after a makeshift boat carrying 16 people from northern France to the UK capsized, the prefecture in France’s Nord department said.
The boat, which was carrying 10 other children between seven and 13 years old along with the girl’s pregnant mother, her father and three of her siblings, sank with all onboard entering the water.
For full report, click here.
Rwanda plan to cost UK £1.8m for each asylum seeker, figures show – The Guardian
Rishi Sunak’s flagship plan to send asylum seekers to Rwanda will cost taxpayers £1.8m for each of the first 300 people the government deports to Kigali, Whitehall’s official spending watchdog has disclosed.
The overall cost of the scheme stands at more than half a billion pounds, according to the figures released to the National Audit Office. Even if the UK sends nobody to the central African state, Sunak has signed up to pay £370m from the public purse over the five-year deal.
For full report, click here
Child asylum seekers in UK made to play game about who gets foster care places – The Guardian
The Home Office has launched an inquiry after staff made unaccompanied asylum-seeking children play a game in which they had to guess who would be the next one to be placed in foster care, a watchdog’s report has disclosed.
The report, one of 13 written by the borders inspectorate and released on Thursday, also found that agency workers employed to look after children as young as nine had received “insufficient” background checks and training.
For full report, click here.
CASE LAW
MP1, R (On the Application Of) v Secretary of State for Defence [2024] EWHC 410
The case involves an Afghan former judge, referred to as MP1, who along with his wife and children challenged the decision by the UK Defence Afghan Relocation and Resettlement Review Panel denying them eligibility for relocation to the UK under the Afghan Relocations and Assistance Policy (ARAP). The claimant and his family argued they are at real risk from the Taliban in Afghanistan. The court found in favour of MP1, ruling that the Panel failed to properly consider relevant evidence, provide sufficient reasoning given the evidence, and that their decision was unreasonable and irrational. This represents another successful legal challenge by a former Afghan judge who was unlawfully excluded from the ARAP scheme despite facing threats in Afghanistan. Identities were kept anonymous due to the risks involved.
For full decision, click here
Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201
In the case of Hafiz Aman Ullah v Secretary of State for the Home Department [2024] EWCA Civ 201, the Court of Appeal dismissed Ullah’s appeal challenging the Upper Tribunal’s ruling that an order to deprive him of British citizenship was lawful. The judges upheld the UT Judge’s findings that:
1) an adjudicator’s decision without formal directions is not binding on the Secretary of State, who can reconsider the matter with new information.
2) the Secretary of State cannot simply disregard a First-Tier Tribunal’s determination granting refugee status without proper procedures and evidence to set it aside; and
3) Ullah was not denied a full factual review by being limited to challenging the adverse decision on public law grounds.
Despite Ullah arguing his appeal should be allowed, the Court of Appeal upheld the legal principles applied by the Upper Tribunal in its controversial citizenship deprivation order.
For full decision, click here
INDEPENDENT REPORTS
Review of Civil Legal Aid – Call for Evidence The Bar Council’s Response
The Bar Council’s response to the Ministry of Justice’s Call for Evidence on the Review of Civil Legal Aid paints a dire picture, starkly warning that the current civil legal aid system is unsustainable. The two primary issues highlighted are inadequate remuneration for barristers, with civil legal aid fees now roughly half of what they were 28 years ago after adjusting for inflation, and an unhelpful, overly bureaucratic administrative process that wastes valuable time. The Bar Council expresses particular concern over the future availability of counsel in the immigration and asylum field given the challenges facing the civil legal aid regime. Overall, the response underscores the need for comprehensive reforms to ensure the long-term viability of providing legal representation to those unable to afford it.
To download the full report, click here
HOME OFFICE GUIDANCE AND POLICY DOCUMENT UPDATES
Transparency data: Migrants detected crossing the English Channel in small boats has been updated on 6th March 2024. To download the latest data, click
Transparency data: Country returns guide has been updated on 6th February 2024. To download the latest data, click here.
Policy paper: Response to an inspection of the use of deprivation of citizenship has been updated on 1st March 2024. To view the document, click here.
Policy paper: Response to an inspection of asylum accommodation in Northern Ireland has been updated on 1st March 2024. To view the document, click here
Policy paper: Response to an inspection of Border Force firearms practice has been updated on 1st March 2024. To view the document, click here
Policy paper: Response to the re-inspection of ePassport gates has been updated on 1st March 2024. To view the document, click here.
Policy paper: Response to an inspection of illegal working enforcement has been updated on 1st March 2024. To view the document, click here.
Policy paper: Response to a report on Afghan resettlement schemes has been updated on 1st March 2024. To view the document, click here.
Policy paper: Response to a report on country-of-origin information – Albania and Pakistan has been updated on 1st March 2024. To view the document, click here.
EU Settlement Scheme quarterly statistics, December 2023 have been updated on 1st March 2024. To view the latest data, click here.
Updates: Asylum accommodation – Scampton have been published on 1st March 2024. To view the latest information, click here.
Money laundering-linked financial exploitation: guidance for frontline professional has been published on 1st March 2024. To view the latest information, click here.
Policy paper: Response to a spot check inspection of Border Force operations at Portsmouth International Port has been published on 1st March 2024. To view the latest information, click here.
Collection: Responses to reports by the Independent Chief Inspector of Borders and Immigration has been updated 29th February 2024. To view the collection, click here.
Policy paper: Response to a report on country-of-origin information statelessness has been updated 29th February 2024. To view the collection, click here.
User Guide to Immigration system statistics has been updated on 29th February 2024. To view the Guide, click
STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK!
