Immigration News Weekly Roundup – 12 May 2023

Illegal Migration Bill in Lords for second reading – Home Office

The government’s Illegal Migration Bill to stop the boats is continuing its progress through Parliament and returning to the Lords for its second reading on, Wednesday 10 May.

The new legislation will break the business model of people smuggling gangs, restore fairness to the UK’s asylum system and deter migrants from making the treacherous journey across the Channel by removing those arriving illegally to their home country, if it is safe, or a safe third country where their claims can be heard.

To read the full article, click here

 

UK Migration Bill impractical and morally unacceptable, says Justin Welby – The Guardian

The Archbishop of Canterbury has clashed with ministers after branding the government’s flagship Illegal Migration Bill as “morally unacceptable” legislation that will “damage the UK’s interests and reputation at home and abroad”. In a withering attack upon Rishi Sunak and Suella Braverman’s plan, Justin Welby said it would not fulfil the prime minister’s pledge to “stop the boats”, ignored the key causes of movement of refugees, and could break the system of international cooperation that promised to help those fleeing war, famine and conflict.

To read the full article, click here

 

Lone child refugees stranded in Sudan may ‘risk travelling to UK on small boats’ – The Guardian

Charities say British government is not doing enough to facilitate family reunions through available safe and legal route. Lone child refugees stranded in Sudan could be forced to travel to the UK in small boats because British ministers are not helping those entitled to family reunion to escape the fighting.

To read the full article, click here

 

Home Office accused of being ‘unashamedly racist’ towards Sudanese – The Guardian

With the final evacuation flight from Khartoum to the UK having left last week, a lack of options from the UK government has crystallized concern that it has adopted a segregated immigration policy. No safe and legal routes have been made available to help Sudanese refugees flee and there is no sign of an announcement outlining a new scheme to deal with the fallout of the conflict.

To read the full article, click here

 

Yarl’s Wood: Images released of detainees who fled after riot – BBC News

A group of 13 people escaped from Yarl’s Wood, near Bedford, on 28 April.

In total, 10 people have been arrested in connection with the breakout on suspicion of offences including escaping custody and assisting an offender. 

Officers have asked anyone with information to contact them. To read the full article, click here

 

RAF Scampton: Council’s legal battle over airfield asylum site to begin – BBC News

The High Court will hear a council’s bid to stop Home Office plans to convert an RAF station into a migrant camp. The government said it wants to use RAF Scampton in Lincolnshire as a site for up to 2,000 asylum seekers. West Lindsey District Council launched legal action last month, fearing the move would affect plans for a £300m regeneration project.

To read the full article, click here

 

Afghan refugees fear homelessness as landlords ‘refuse to rent’ to them – Open Democracy

Afghan refugees abandoned by the Home Office to fend for themselves in the private rented sector, say they could be left homeless because letting agents will not rent to them. 

Officials said refugees should start looking for their own places to rent on property search websites like Zoopla – breaking a promise to find them ‘settled accommodation.’ Several have now told openDemocracy they have been given no support to navigate the rental market, and that letting agents stop replying to them after finding out they are refugees.

To read the full article, click here

 

Civil servants vote for another six months of strikes at Home Office, DVLA and Passport office – as staff at homelessness charity also announce month-long walkout – Mail Online

Members of the biggest civil service union have voted to renew their mandate to keep taking industrial action for the next six months in a dispute over pay, jobs and conditions. The Public and Commercial Services union (PCS) said the vote was 88% in favour, paving the way for strikes to continue for the rest of the year.

To read the full article, click here

 

Human trafficking victims on small boats crossing Channel not breaking law, minister suggests – SKY News

Security minister Tom Tugendhat was asked several times on Sky News whether people who cross the Channel in small boats are breaking the law. It comes as more than 6,000 people have already made the journey in 2023.

To read the full article, click here

 

CASELAW

 

Vernon Vanriel v The Adjudicator’s Office & Anor[2023] EWHC 925 (Admin)

UK High Court dismissed a claim for judicial review of a paid settlement amount under the Windrush Compensation Scheme, stating that pursuing a claim for judicial review regarding an award that has already been accepted and paid on the basis of full and final settlement is an “abuse of process.”

The court found that the words “full and final settlement” were clear and that accepting the award precluded further claims in relation to the same events. The court also rejected the idea that public issues were at stake, stating that it was all about the claimant’s individual claim and the specific amounts claimed under the scheme.

To read the full decision, click here

 

The King on the application of NCH (Vietnam) & Sefton Metropolitan Borough Council [2023] EWHC 1033 (Admin)

Permission granted to apply in a judicial review claim in the High Court challenging a local authority’s age assessment of the Claimant following an oral renewal of the claim.

The age assessment was found to be flawed due to procedural unfairness, as the local authority failed to ensure compliance with established principles. The Defendant also failed to consider relevant matters, such as the Claimant’s potential experiences as a victim of trafficking/modern slavery. The judgment is useful for those seeking to extend time for lodging a judicial review claim or for those making interim relief applications.

To read the full decision, click here

 

 

INDEPENDENT REPORTS

Overstretched & unsustainable: a case study of the immigration and asylum legal aid sector  – Report by Young Legal Aid Lawyers and Public Law Project

According to a new report, junior legal aid practitioners working in immigration and asylum law face a multitude of challenges, including excessive workloads, financial instability, and emotional distress. The report offers a few recommendations, including a call for the Ministry of Justice to increase legal aid fixed fees by 15%, as well as for employers to provide support for vicarious trauma and burnout. These measures aim to address the issues faced by practitioners in this field and improve working conditions for those providing vital legal aid services.

To download the report, click here

 

No recourse to Public Funds, Research Briefing, House of Commons Library

MPs are scheduled to discuss the controversial NRPF policy in the House of Commons this week. The House of Commons Library has released a briefing that gives us a comprehensive overview. The briefing covers who is affected by the policy, its history, and the various arguments for and against it. So, stay tuned for what promises to be a lively debate!

To download the briefing, click here

 

‘It’s a no-brainer’ Local Authority funding for immigration legal advice in the UK, Report by Jo Wilding

A recent report by Jo Wilding from the University of Brighton and Garden Court Chambers highlights the impact of a lack of immigration legal advice services on local authorities in the UK. The report investigates the current funding and commissioning of immigration legal advice by local authorities across England, Scotland, and Wales, and includes case studies of various funding models. Wilding’s research shows that providing quality legal advice is more cost-effective than accommodating destitute individuals and leads to better community cohesion, public health, and economic outcomes. The report emphasises the importance of local authority-funded or commissioned immigration advice schemes.

To download the report, click here

 

HOME OFFICE POLICY DOCUMENTS & GUIDANCE UPDATES

 

  • Policy paper on Illegal Migration Bill: factsheets has been updated on 10th May 2023. To view the updated Policy, click here

 

  • Policy paper on Illegal Migration Bill: overarching documents has been updated on 10th May 2023.  To view the updated Policy, click here

 

  • Transparency data Migrants detected crossing the English Channel in small boats has been updated on 10th May 2023.  To download the data, click here

 

  • Guidance on Counting rules for recorded crime are updated on 10th May 2023.  To view the Guidance, click here

 

  • Guidance on British citizenship: successful applicants have been updated on 9th May 2023.  To view the Guidance, click here

 

  • Guidance: Deprivation of British citizenship Published has been published on 10 May 2023. To read the full Guidance, click here

 

  • EU Settlement Scheme quarterly statistics for June and September 2023 have been announced for release on 23rd November 2023.  To view the release, click here and here

 

  • Collection UK government support for Chagossians has been updated on 10th May 2023. To view the Collection, click here

 

  • Transparency data Windrush Compensation Scheme: March 2023 has been published on 4th May 2023. To view the data, click here

 

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