The net migration statistics from the last quarter of the year were published this week. The statistics give an excellent insight in the surge of visa and leave to remain, granted to foreign nationals. They also go on to demonstrate that the UK has hit a record, with half a million migrants in the country. The analysis from the news media suggests that political instability in Ukraine and Afghanistan has continued to push the migration numbers up.
Important data relating to work and business visas have also been released. They show the number of sponsors registered on Points Based System (PBS) routes, number of new sponsor applications which were made in each tier, breakdown by the length of time taken to process a sponsorship application and action taken against sponsors.
Collection of data has been individually laid out for convenience to our readers.
On the procedural front, the data gives important information on the amount of applications made under various categories and the length of time it took to reach their decisions.
Reported decision of AEB v SSHD gives guidance on when it is appropriate to remit a decision back to First Tier Tribunal.
An independent report published by Freedom of Torture confirms majority of asylum seekers in the UK need protection and they do not have an option of safe routes to the UK.
Such updates and more highlights on immigration developments from the news media, caselaw determinations and Home Office Policy documents updated for this week, covered in our newsletter below
Also…..HJT Training is hosting its acclaimed Judicial Review Conference on 8th December 2022. Led by Mark Symes, David Jones (Garden Court Chambers), Sandra Akinbolu (36 Group), Miranda Butler (Landmark Chambers) and Thomas Haworth (Admin Court). The Conference aims to address the latest developments in Immigration and Public law areas and equip delegates with addressing challenges when litigating unreasonable refusals, unlawful detentions and making costs application.
This year the delegates have an option to attend in person (location Central London, Zone 1) and join us for networking after 5pm or, participate live, via Zoom.
For more details about the event click here
NEWS
Suella Braverman says people coming to UK illegally ‘at fault’ for processing chaos – The Guardian
The home secretary told MPs that legislation planned to tighten the asylum system would not come before parliament this year. Her most senior civil servant has not yet signed off a £140m deal to send asylum seekers to Rwanda as “value for money”, it emerged. To read the full article, click here
Record 504,000 more people moved to UK than left, ONS figures show – The Guardian
Net migration to the UK has reached a record level of 504,000 after the arrival of Ukrainian and Hong Kong nationals under government schemes and a jump in the number of international students. Asylum applications are at their highest for 32 years, but nearly 100,000 people are waiting more than six months to have their initial claims processed, official government data shows. To read the full article, click here
Priti Patel threatens action over ‘unfounded’ asylum seeker hotel claims – The Guardian
Priti Patel is threatening to launch a formal complaint after Home Office sources made a “categorically untrue” claim that she oversaw a two-month summer “pause” in finding hotel rooms for asylum seekers. The former home secretary said she was considering writing to the departments top official after “unfounded” briefings seeking to blame her for decisions made under her successor, Suella Braverman. To read the full article, click here
Sir Keir Starmer: Britain’s ‘immigration dependency’ must end in CBI conference speech – SKY News
The Labour leader says that under his leadership, the government would be “pragmatic” on skills and labour shortages and would not ignore the need for people to come into the country. To read the full article, click here
Solve worker shortages with immigration – CBI boss BBC News
The UK should use immigration to solve worker shortages and boost economic growth, the boss of the UK’s biggest business group has said. Tony Danker called on politicians to be “practical” about immigration at the CBI’s conference in Birmingham. To read the full article, click here
How long can Suella Braverman hold on as Home Secretary? – The New Statesman
Braverman’s incompetence has been exposed once again, after she struggled to explain what legal routes lay open to migrants. To read the full article, click here
Calls for urgent changes in UK Immigration Policy to ease shortage of workers crisis – Lexology
Sectors including health, hospitality, retail, and the car and airline industries are continuing to suffer from a shortage of workers caused by both Brexit and the pandemic. Recruitment into roles across the board, many of which were historically carried out by EU workers, remains worryingly slow. To read the full article from ebl miller rosenfalck, click here
Home Office handling of asylum system criticised – Ascot Windsor & Eton Express
Government must treat the situation as an ’emergency’ says cabinet member. A Royal Borough cabinet member has called on the Government to ‘urgently’ address the difficulties the council is facing in providing for asylum seekers and refugees. To read the full article, click here
Popular restaurant faces £120k fine and loss of licence over illegal workers – Brighton & Hove News
One of Brighton’s most popular restaurants is facing a £120,000 fine and could even lose its licence after six illegal workers were found there by the Home Office. Officials from the immigration compliance and enforcement team visited Donatello on Wednesday 9 November and found one Russian man, four Uzbekistani men and a woman from the Ivory Coast working there without the correct visas. To read the full article, click here
CASE LAW
AEB v SECRETARY OF STATE FOR THE HOME DEPARTMENT [2022] EWCA Civ 1512
Appeal was brought forward by AEB on grounds whether the UT misdirected itself as to the applicable principles when deciding to retain AEB’s appeal rather than remit it to the FTT and did the UT err in its approach to the question whether there were “very compelling circumstances” within the meaning of section 117C(6) of the 2002 Act? The Judges unanimously allowed the Appeal on the first ground, setting aside the judgment of the UT and remit the case to the FtT “to reconsider the appeal de novo”. To read the full decision, click here
THE KING (on the application of) BAL & Ors v (1) SECRETARY OF STATE FOR DEFENCE & (2) SECRETARY OF STATE FOR THE HOME DEPARTMENT – [2022] EWHC 2757 (Admin)
First claimant a judge in Afghanistan prior to the Taliban takeover of that country in August 2021. The second and fifth claimants are daughters, and the third and fourth claimants are sons, of the first claimant. The claimants sight JR against Home Office’s refusal decisions for first claimant’s application under ARAP for the second to fifth claimants to be given Leave Outside the Rules (‘LOTR’), enabling them to relocate to the UK as “additional family members”. Hon Mrs Justice Styen DBE held that the Claimants succeeded on ground 1 and that the decisions of 15 July, 12 August and 7 September 2022 should be quashed. To read the full decision, click here
HOME OFFICE POLICY DOCUMENT UPDATES
- Guidance Home Office immigration statistics: user guide has been published on 24th November 2022. To access the information, click here
- Transparency data on Visas and Citizenship data: Q3 2022 has been published on 24th November 2022. To access the information, click here
- Transparency data on Windrush Task Force Data: Q3 2022 has been published on 24th November 2022. To access the information, click here
- Transparency data on Windrush Compensation Scheme data: October 2022 has been published on 24thNovember 2022. To access the information, click here
- Transparency data HM Passport Office data: Q3 2022 has been published on 24th November 2022. To access the information, click here
- Transparency data Home Office data: Q3 2022 has been published on 24th November 2022. To access the information, click here
- Transparency data on Border Force transparency data: Q3 2022 has been published on 24th November 2022. To access the information, click here
- Transparency data on Immigration and protection data: Q3 2022 has been published on 24th November 2022. To access the information, click here
- Transparency data on Sponsorship transparency data: Q3 2022 has been published on 24th November 2022. To access the information, click here
- Transparency data on RASI (Resettlement, Asylum Support and Integration) data: Q3 2022 has been published on 24th November 2022. To access the information, click here
- Transparency data on Immigration Enforcement data: Q3 2022 has been published on 24th November 2022. To access the information, click here
- Transparency data on Customer service operations data: Q3 2022 has been published on 24th November 2022. To access the information, click here
- Transparency data General Record Office (HMPO) transparency data: Q3 2022 has been published on 24thNovember 2022. To access the information, click here
- Transparency data on Ukraine Visa Schemes: visa data has been published on 24th November 2022. To access the information, click here
- Guidance Policy and legislative changes affecting migration to the UK: timeline has been updated on 24th November 2022 – to download, click here
- Full Collection on Migration statistics has been updated on 24th November 2022 – to download, click here
- Collection Migration research and analysis has been updated on 24th November 2022 – to download, click here
- Transparency data on Afghan Resettlement Programme: operational data analysis has been updated on 24th November 2022 – to download, click here
- Datasets on Returns, Asylum and Managed Migration have been updated on 24th November – to download, click here
- Guidance on Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents has been updated on 23rd November – to download, click here
- Guidance to Apply for British citizenship as a person of Chagossian descent has been published on 23rdNovember 2022 November – to download, click here
- Collection on Voluntary return to your home country has been updated on 21st November 2022 November – to download, click here
- Policy paper on National Security Bill: overarching documents has been updated on18th November 2022 – to download, click here
INDEPENDENT REPORT
Fleeing a Burning House : Why torture survivors take dangerous journeys to seek protection in the UK- November 2022. To download the report, click here
