Immigration News Weekly Roundup – 23rd December 2022

The High Court ruling that established deportations to Rwanda being lawful created shockwaves amongst immigration advisors, campaigners, and activists alike.  The judges had unanimously decided that removals of migrants, did not breach the UNCHR code and was therefore lawful. This of course means that vulnerable migrants now face a double-edged sword, at not only meeting the challenges to survive in the UK without an immigration status, but also to live under the constant threat of being removed to a country where they have no association or ties.

MAC report released this week has raised some controversial points whereby Government has been advised against opening new visa routes for work, despite a clear shortage of labour in the market.

On a slightly positive note, the High court in R(CB) v SSHD ruled the rate of asylum support to be increased by 10.1% to meet the costs of living crisis.

Other positive news came last week, as the Home Office announced new Immigration Skills Charge exemption from January 2023. Under this scheme, exemption will be available for employers who use the Global Business Mobility: Senior or Specialist Worker route, for EU national workers from their overseas offices based in the EU. (We are due to announce our Business Immigration live courses in 2023 covering such developments – make sure you subscribe to us to receive the date announcement on: or see here directly on our website

Additionally, good news for Legal Aid advisors as proposals were put forward by the Government to ensure legal aid practitioners are adequately remunerated for the immigration and asylum.  The key aim of these proposals is to ensure fair and equitable payment to legal aid advisors.

The OISC have yet again flagged the importance of ensuring that anyone claiming to be an advisor under their regulation must be officially registered with them.

Considering the fast pace of developments happening in UK immigration, both the SRA and the OISC have started applying a very strict scrutiny on the quality of immigration advice dispensed and the fact that these must be done by individuals under their official registers.

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These and more highlights on immigration developments from the news media, case law determinations and Home Office Policy documents updated for this week, covered in our newsletter below.


Rwanda migrant plan is lawful, High Court rules – BBC News 

The government’s plan to deport migrants to Rwanda is lawful, the High Court has ruled. The court ruled on Monday that the scheme did not breach the UN’s Refugee Convention or human rights laws. But the cases of eight asylum seekers had not been “properly considered” and would need to be reconsidered, judges added. To read the full article, click here 

The case, is cited under AAA and others v Secretary of State for the Home Department [ [2022] EWHC 3230 (Admin). To download the decision, click here  

To watch the Home Secretary statement on Rwanda scheme, click here

To read the commentary from Enver Solomon, CEO Refugee Council, click here   


Brexit rule that makes EU citizens reapply to stay in UK is unlawful, court says – The Guardian 

Home Office rules that could put millions of EU citizens at risk of job losses or deportation after Brexit have been found to be unlawful by the high court. Under the current EU settlement scheme, EU citizens who have  been in the country for less than five years before Brexit and who had “pre-settled status” are obliged to reapply to upgrade their status to “settled status” after being in the country for five years. If they did not, they would automatically lose their rights to reside, work, rent property or access services including the NHS, under Home Office rules.  To read the full article, click here 

Arrivals to the UK warned to prepare for disruption at the border – Home Office

Since strikes, due to begin on Friday 23 December, were announced by the Public and Commercial Services (PCS) Union, Border Force and the government have undertaken extensive planning to minimise the disruption this action will cause. To read more, click here

Braverman hints at plans to house asylum seekers in disused cruise ships as £3.5bn to be spent on migrant crisis – LBC News 

Home Secretary Suella Braverman confirmed her department is looking at the idea and suggested officials were in talks with ship companies. She told peers in the Lord Justice and Home Affairs Committee on Wednesday “everything is on table and nothing is excluded” – To read the full article,  click here

Home Office Accused Of ‘Faffing Around’ As People Trafficking Convictions Collapse – Huff Post 

Labour’s Yvette Cooper and home secretary Suella Braverman clashed in the Commons over claims that the number of people with smuggling convictions had “collapsed” over the last three years. The shadow home secretary said that while the number of small boat crossings had increased “20-fold”, “the number of criminals paying the price for their crime has collapsed”.  To read the full article, click here

Up to 450 migrants detained ‘illegally’ in UK, Home Office emails reveal – The Arab News 

Hundreds of people have been “illegally” detained for extended periods of time in UK immigration removal centres, leaked Home Office emails have revealed. Up to 450 people were placed in detention removal centres due to an “overflow” at the migrant processing facility Manston, a former military base used to temporarily house asylum seekers until reports of widespread overcrowding and mistreatment led to its shutdown. To read the full article, click here

Government yet to find airline willing to transport migrants to Rwanda – The London Economic 

The Home Secretary has suggested she has yet to find a new airline to deport migrants to Rwanda. Suella Braverman said there were “ongoing discussions with several airlines” after Privilege Style pulled out in October amid pressure from campaigners. The Government used a plane run by the Spanish charter airline for first flight in June, which was abandoned at the last minute due to legal challenges.  To read the full article, click here

Immigration Skills Charge: New exemption from January 2023 – Lexology

The Home Office has confirmed that, from January 2023, a new Immigration Skills Charge exemption will be available for employers who use the Global Business Mobility: Senior or Specialist Worker route, for EU national workers from their overseas offices based in the EU. To read the full article, click here 

Immigration advisors must be registered by the OISC.  We regulate immigration services, making sure you get professional advice you can trust.

A reminder by the OISC as published on their social media on 22nd December 2022 to ensure that all advisors claiming to be under OISC are also registered with them.  To find more, click here

Government response to Immigration Legal Aid: A consultation on new fees for new services 

The Government has made immigration and asylum policy a key priority and we are in the process of a comprehensive reform programme to address long-term challenges and ensure our immigration system is fair but firm.  A key part of this ambition is to ensure fairness in the immigration system is access to legal aid. To read the full response, click here 


R(CB) v Secretary of State for the Home Department [2022] EWHC 3329 (Admin). 

High Court finds Home Secretary acted unlawfully by failing to review and increase rate of asylum support during cost of living crisis

In the judgment, Mr Justice Fordham states: “After the deadline I had set for submissions on consequential matters, Mr Thomann communicated to the Court (at 14:58 on 20 December 2022) that: ‘the SSHD has agreed to an immediate increase in the asylum support rate by 10.1% on an interim basis’. This was confirmed, in the same terms, in a letter from Natalie Crooks at theGovernment Legal Department to the Court (provided at 16:55 on 20 December 2022).”

To download the decision, click here


MAC advises against opening new UK visa routes despite labour shortages

MAC acknowledges on-going labour shortages and the unprecedented level of job vacancies in the current labour market, and that it expects employers to be recruiting more from overseas to address these shortages. However, the committee cautions the government against opening up new low-wage visa routes, as doing so could expose migrants to exploitation and would in effect undo the end of Freedom of Movement (FoM) in certain sectors. To download the full report, click here 


  • Transparency data on Ukraine Visa Schemes has been updated on 22nd December 2022.  To access the information, click here
  • How to sign in to continue your visa application – updated on 21st December 2022. To view the updated information, click here 
  • Policy paper : Response to the JCHR’s National Security Bill report has been updated on 21st December 2022. To view the updated report, click here
  • Transparency data Home Office procurement pipeline has been updated on 20th December 2022. To view the latest data, click here
  • Guidance EU Settlement Scheme: caseworker has been updated on 19th December 2022. To view the updated Guidance, click here
  • Policy paper Response to an inspection of the immigration system in the agricultural sector has been published on 19thDecember 2022. To view the Paper, click here

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