The most significant development of the week has been caused by the decision of the Security Tribunal in the case of Shamima Begum. The Tribunal has ruled that the Home Secretary’s decision to revoke Miss Begum’s British Citizenship was lawful. The case sets an important stance that State security will always take precedence over other matters.
A punitive approach towards asylum seekers has been witnessed. The Government announces that in future, Refugees are expected to complete the asylum questionnaire in English, and that in order to expedite decisions, 12,000 asylum cases will be decided without interviews. In consideration of this development, it is even more crucial that asylum claims are effectively represented with the appropriate supporting evidence and in line with the latest revisions to the law and the case decisions.
A live webinar, Current Issues in Immigration appeals is scheduled for 21st March 2023. Led by Mark Symes (Director HJT and Tenant at Garden Court) and Adam Pipe (No 8 Chambers), our experts will address New Practice Directions and procedures governing online appeals, electronic filing, and many aspects of case preparation and presentation including witness statements and oral evidence have revolutionised FTT appeals. Also, quite helpful for those preparing appeals in relation with asylum and protection. For more information or to book click here
On a positive note for international work force migration, a survey has found that the UK is one of the most accepting countries when it comes to foreign work recruitment. The fact that there has been a significant rise in the attainment of Sponsor License applications for the purpose of recruiting foreign workers supports this finding as well. However, because of this, all businesses holding the Sponsor License are always under a strict scrutiny to ensure that they are compliant with the Home Office Rules to demonstrate that all their workers have the correct and valid leave or, they are exempt from it by way for settlement or British nationality whilst engaged under their employment contract.
Several businesses have suffered consequences such as downgrading of their License from A rating, receiving penalties and/or revocation of License upon non-compliance with the UKVI Rules. It is therefore quite important that Sponsors have all checks and documentation concerning to their employees in place for Home Office audits.
Our Live Webinar, Right to Work Checks addresses these issues see here for more information
This and more covered for you in our Immigration News Weekly Roundup.
Shamima Begum bid to regain UK citizenship rejected – BBC News
Shamima Begum has lost her challenge over the decision to deprive her of British citizenship despite a “credible” case she was trafficked. Mr Justice Jay told the semi-secret court dealing with her case that her appeal had been fully dismissed. To read the full article, click here
To download the case decision, click here
To download the earlier Supreme Court decision, click here
India Young Professionals Scheme Visa ballot opens on 28th February 2023 – Home Office.
A much awaited scheme that allows young talented Indians between the age age of 18 and 30 to live and work in the United Kingdom for up to two years will be activated from 28th February 2023. To read more about the Home Office’s visa requirements under this scheme, click here
Asylum claims for 12,000 to be considered without face-to-face interview
Some 12,000-asylum seekers to the UK are to be considered for refugee status without face-to-face interviews. A 10-page Home Office questionnaire will decide the cases of people from Afghanistan, Eritrea, Libya, Syria and Yemen, who applied before last July. The move aims to reduce the asylum backlog, which Prime Minister Rishi Sunak has pledged to end this year. To read the full article, click here
Home Office to tell refugees to complete questionnaire in English or risk refusal – The Guardian
Claimants will have only 20 days to respond or face rejection. Plans to cut asylum backlog by sending questionnaires to refugees instead of conducting official interviews will demand that claimants reply in English within 20 working days or risk refusal, a leaked document shows. The Home Office will on Thursday begin sending out copies of the 11-page document to about 12,000 people from Afghanistan, Eritrea, Libya, Syria and Yemen as part of Rishi Sunak’s plans to cut the “legacy backlog” of 92,000 asylum claims. To read the full article, click here
UK now among most accepting countries for foreign workers, survey finds – The Guardian
The UK has become one of the world’s most accepting places for foreign workers, according to a survey in 24 nations. Revealing a sharp increase in British acceptance of economic migration. People in the UK emerged as less likely to think that when jobs are limited employers should give priority to people of their own country than those in Norway, Canada, France, Spain, the US, Australia and Japan. To read the full article, click here
Lone children as young as 14 detained at Manston asylum seeker centre – The Guardian
Lone children as young as 14 have been detained at Manston asylum seeker processing centre in Kent, a freedom of information request has revealed. According to the immigration rules, children should not be detained in short-term holding facilities such as Manston, apart from in exceptional circumstances, and holding them for more than 24 hours is unlawful. To read the full article, click here
Six charged over deaths of 18 Afghans who suffocated in truck in Bulgaria – The Guardian
Bodies found in vehicle transporting 52 people, in deadliest incident linked to people smuggling in country. Bulgarian prosecutors have charged six people over the death of 18 Afghans who suffocated in a truck abandoned near the capital Sofia. To read the full article, click here
‘Humanitarian visa’ could cut number of asylum seekers reaching UK by boat – The Guardian
A cross-party group is urging Suella Braverman to adopt plan that would allow 40,000 people a year to seek asylum in Britain. Suella Braverman is being urged to reduce the number of asylum seekers crossing the Channel in small boats by creating a new “humanitarian visa” that would cap numbers and create a legal avenue for accessing the UK. To read the full article, click here
Aardman animation teaches UK school kids about child refugees
The award-winning animation studios behind Wallace and Gromit have partnered with charity Save the Children to create a short film about child refugees. The four-minute film made by Aardman studios will be shown in schools and aims to educate students on refugees. To view the video, click here
British husband and wife sentenced for smuggling migrants in sofas -Home Office News
Nicholas Fullwood, 48, from Chesterfield, Derbyshire, received a jail term of 3 years at Canterbury Crown Court. His wife, who was also involved, was handed a 2-year suspended sentence. A third defendant, 31-year-old Azad Ahmadi, of Allenton, Derby, was sentenced to 4 years and 6 months The trio were sentenced for conspiracy to assist unlawful immigration, following an investigation by the Home Office’s criminal and financial investigations (CFI) unit. To read more, click here
IMPORTANT ANNOUNCEMENTS
SRA Board finalises rules for post six-year client protection
SRA Board finalises rules for post six-year client protection Paul Philip said: ‘there has been a consistent theme that both the public and profession value the protections the SIF provides.’ To read more, click here
Issue quick UK visas to Syrian families affected by earthquake so they join their family – Petition by Change.org
A lot of Syrian families (5.5 million) have been made homeless and without food but most of them have families in the UK who can accommodate them and provide subsistence to them. Change.org has released an online petition to assist the affected families which can be accessed here
‘A Practical Guide to Refugee Resettlement in the United Kingdom’, by Sandra Akinbolu, Law Brief Publishing
An excellent insight into practical aspects of assisting vulnerable refugees for a smoother transition for integration and settlement in the UK. The book addresses the significance and impact of UNCHR on domestic rules. Given the significant rise in the number of asylum cases in recent times, this Guide will prove to be invaluable to immigration advisors. Sandra is also an expert trainer with HJT Training. Watch our space for live online course announcements led by Sandra on the UK immigration.
For more information or to purchase, click here
CASE LAW
Tanjina Siddiqa v Entry Clearance [2023] UKUT 47 (IAC)
The Upper Tribunal has confirmed that making applications for EU Family Settlement Scheme Family Permit when instead, an application under the EEA family permit should have been adopted will render such applicants to be no longer eligible for EU Settlement Scheme and the advantages under EU Withdrawal Agreement.
To know more about the factors that differentiate between these two kinds of applications and the detailed findings, download the decision from here
HOME OFFICE DOCUMENT UPDATES
- Guidance: UK visa support for Ukrainian nationals has been updated on 22nd February 2022. To view the updated Guidance, click here
- Guidance Ukrainian nationals in the UK: visa support has been updated on 22nd February 2023. To view the updated Guidance, click here
- Guidance Apply to stay in the UK under the Ukraine Extension Scheme has been updated on 22nd February 2023. To view the updated Guidance, click here
- Immigration information for Ukrainians in the UK, British nationals and their family members has been updated on 22nd February 2023. To view the information, click here and here
- Guidance Move to the UK if you’re coming from Ukraine has been updated on 22nd February 2023. To view the updated Guidance, click here
- Transparency data Migrants detected crossing the English Channel in small boats has been updated on 22nd February 2023. To view the updated Guidance, click here
- Collection of Responses to reports by the Independent Chief Inspector of Borders and Immigration has been updated for February 2023. To view the reports, click here
- Official statistics announcement EU Settlement Scheme quarterly statistics, December 2022 has been updated on 20th February 2023. To access the data, click here
- Official statistics announcement Irregular migration to the UK, year ending December 2022 has been updated on 20th February 2022. To access the data , click here
- Guidance EU Settlement Scheme: caseworker guidance has been updated on 17th February 2023. To view the updated guidance, click here
