Immigration News Weekly Roundup – 23 June 2023

Over 100 arrested in record breaking illegal working crackdown - Home Office

The Home Office has conducted a record number of visits targeting illegal working in one day, as part of a nationwide operation. During the operation, which took place across the UK yesterday, Immigration Enforcement officers arrested 105 foreign nationals found working without the right to do so, during 159 illegal working visits.

To read the full article, click here

 

Braverman defends Home Office as figures reveal one in four Windrush claimants not compensated – ITV

The Home Secretary has defended the government’s handling of the Windrush compensation scheme after figures showed only one in four claims have resulted in a payment. Five years after the Government pledged redress for those wrongly classified as illegal immigrants; just 26% of 6,348 applications for compensation have been successful. To read the full article, click here

 

Misleading Home Office advice leaves Hong Kong protester fearing deportation from UK

A Hong Kong national who fled to the UK after being targeted by security officials has been left fearing deportation after appearing to be wrongly advised by the Home Office. At the time she travelled to the UK, Olivia could not have applied for the flagship British national (overseas) – or BNO – visa. It was open only to those (and their dependants) who had registered before the handover of Hong Kong from British to Chinese rule in 1997. Born after that date, and travelling alone without her BNO-status parents, Olivia was ineligible. Instead, she claimed asylum, joining a cohort of Hong Kong nationals who in seeking safety from persecution have been stuck in temporary accommodation in the UK, reporting exploitation and abuse – and long waits to discover if they will be granted asylum.  To read the full article, click here

 

Home Office admits asylum plans in doubt – BBC News

Plans to improve the asylum system are “in doubt” unless the Home Office takes urgent action, the department has told the government’s spending watchdog. The National Audit Office has revealed the admission in a highly critical report warning plans to make the asylum system more efficient are not on track.

To read the full article, click here

 

Home Office plans to ditch housing protections for asylum seekers face legal challenge – The Guardian

Three families seeking asylum in the UK have launched a legal challenge against new Home Office rules to ditch basic housing protections for tens of thousands in this group. The Guardian revealed that ministers were removing these basic protections, which govern houses in multiple occupations, from asylum seekers, as part of their plan to move tens of thousands out of hotels and into the private rented sector. Lawyers representing the families have called the new rules “a charter for unscrupulous landlords”.

To read the full news, click here

 

Home Secretary questioned on policing, asylum and immigration – UK Parliament Committees

The Home Affairs Committee questions Home Secretary, Suella Braverman MP, and senior officials in the Home Office on Wednesday 14 June in a wide-ranging session examining key issues within her remit.

For further information on this session, click here

 

Foreign nationals locked up by the Home Office win £42.2million in compensation for illegal detention – with many successfully claiming the government was too slow to deport them – Daily Mail

Between 2017 and 2022, a total of £42.2million has been paid to 1,698 people who brought successful cases against the Home Office for illegal detention. Foreign nationals who were locked up by the Home Office won a record £12.7million in compensation last year – as many successfully claimed the Government was too slow to deport them.  To read the full article, click here

 

Home Secretary meets French counterpart on tackling illegal migration – Home Office

The Home Secretary met Gérald Darmanin this week at the National Crime Agency, as part of the French Interior Minister’s first official visit to London. The ministers discussed the importance of security in the face of terrorism and state threats and agreed to continue working hand in hand to preserve our joint security.

The Home Secretary and her counterpart also discussed important joint progress in tackling illegal migration, to stop the boats in the Channel.

To view the full article, click here

 

CASE LAW

 

R (on the application of Wang and another) (Respondents) v Secretary of State for the Home Department (Appellant) [2023] UKSC 21

In 2017, Ms Wang applied for an extension of her stay in the UK. She had previously been granted entry clearance as a Tier 1 (Investor) Migrant and had temporary leave to remain. To meet the requirements of the Immigration Rules, she needed to borrow £1 million from a UK regulated institution and have control over that amount. Additionally, she had to invest at least £750,000 in UK Government bonds, share capital, or loan capital in a qualifying active and trading UK registered company. Ms Wang’s claim was based on her participation in a scheme where she and over 100 other applicants for investor migrant visas borrowed £1 million from Maxwell Asset Management Limited and invested it in Eclectic Capital Limited through a convertible loan. The Secretary of State rejected Ms Wang’s application because the loan from Maxwell Asset Management did not give her control over the funds, and the investment in Eclectic Capital Limited did not meet the criteria for a qualifying investment. The Court of Appeal overturned the Upper Tribunal’s decision to dismiss Ms Wang’s application for judicial review. Now, the Secretary of State is appealing to the Supreme Court

This appeal raised issues concerning:

(1) the meaning of “control” of investment money in the relevant provisions of the Immigration Rules and the facts and circumstances relevant to the assessment of “control”; and

(2) the approach to the interpretation of the Immigration Rules.

The Supreme Court unanimously allows the appeal and restores the Secretary of State’s decision to refuse Ms Wang’s application for leave to remain. Lord Briggs gives the only judgment, with which the other members of the panel agree.

To read the full decision, click here

To watch the Supreme Court hearing on recording, click here

 

INDEPENDENT REPORTS

 

UK reform of its human rights legislation: consequences for domestic and European Human Rights protection – Parliamentary Assembly

The Parliamentary Assembly of the Council of Europe (PACE) adopted a resolution that voices apprehension regarding recent legislation enacted in the United Kingdom, particularly the Illegal Migration Bill. PACE asserts that this legislation has the potential to violate the United Kingdom’s international legal commitments, consequently posing a threat to the principle of the rule of law.

To read the full report, click here

 

A re-inspection of the initial processing of migrants arriving via small boats, including at Western by Jet Foil and Manston January – February 2023 – ICIBI

The Chief Inspector of Borders has released reports concerning the processing facilities for asylum-seekers in Kent and an anti-crime initiative implemented along the coast of the United Kingdom. The latest report from the Independent Chief Inspector of Borders and Immigration (ICIBI) indicates a noteworthy improvement in conditions, which is indeed encouraging. However, it also highlights the existence of substantial tasks that still need to be addressed.

To download the full report, click here

 

HOME OFFICE GUIDANCE AND POLICY DOCUMENT UPDATES

 

  • Guidance: Points-based system sponsor licensing applications has been updated on 21st June 2023. To view the Guidance, click here

 

  • Transparency Data: Migrants detected crossing the English Channel in small boats has been updated on 21st June 2023. To download the latest data, click here

 

  • Transparency Data: Windrush Compensation Scheme data has been published on 21st June 2023. To download the data, click here

 

  • Home Office Immigration System Statistics: user guide has been updated on 20th June 2023. To view the Guidance, click here

 

  • Managed migration datasets has been updated on 20th June 2023. To download the data, click here

 

  • Immigration system statistics data tables, year ending March 2023 has been updated on 20th June 2023. To download the data, click here

 

  • Guidance: Modern slavery victims –referral has been updated on 20th June 2023. To update the Guidance, click here

 

  • Policy Paper: Statement of changes to the immigration rules -HC 1160, 9 March 2023 has been updated on 16th June 2023. To view the full data, click here

 

  • Asylum accommodation factsheets has been updated on 16th June 2023.  To view the data, click here

 

  • Guidance: Large sites for asylum accommodation – support for police forces has been published on 16th June 2023.  To view the Guidance, click here

 

  • Policy Paper: Illegal Migration Bill- overarching documents has been updated on 16th June 2023.  To view the Policy, click here

 

  • Statutory Guidance: Domestic Violence Disclosure Scheme has been updated on 16th June 2023.  To view the Guidance, click here

 

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