This week we welcomed Rishi Sunak as the new Prime Minister. This followed with the reappointment of Suella Braverman, as Home Secretary. We remain poised on how this new Government will address Immigration policies.
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In other news, concerns for vulnerable asylum seekers remains on the forefront. ICIB has published an independent report on Government’s failure to safeguard vulnerable asylum-seeking children. ATLEU’s published findings shed a spotlight on how legal aid cuts impact access to justice for vulnerable migrants.
Two prominent case determinations have been reported this week.
The High Court ruled in R (on the application of HM, MA and KH) v SSHD that it was unlawful of the Home Office to seize mobile phones off refugee migrants entering the UK with channel crossing.
In the determination of another case, two Appellants have lost their appeal against deportation to Pakistan. The Appellants were convicted for sexual offences against children. Given their criminal history and lack of remorse, the Court held their presence in the UK as conducive for society and upheld the SSHD’s decision for their deportation.
Both the cases reflect an interesting balance when it comes to protecting vulnerable refugees but, also the zero tolerance policy towards those who are conducive to public good.
Such updates 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.
NEWS
Rishi Sunak Appointed Britain’s Next Prime Minister by King Charles III – Forbes
Rishi Sunak was appointed the U.K.’s Prime Minister on Tuesday after meeting King Charles III at Buckingham Palace, the third person to assume the mantle this year with the hopes of soothing the political and economic turmoil that marked Liz Truss’ brief tenure, after she replaced Boris Johnson. To know more about it from Forbes report, click here
Rishi Sunak defends return of Suella Braverman to Home Office – BBC News
Rishi Sunak has defended re-appointing Suella Braverman as home secretary days after she quit over security breach. To read the full article, click here
Immigration Policy will not cure Britain’s labour market ills – Financial Times
Britain’s economy is in a tough spot — a fact not lost on new Prime Minister Rishi Sunak. One question he will have to grapple with is whether more immigration could help. It’s a touchy subject in the Conservative party. To read the full article, click here
Court rules abandoned wives should be allowed to return to UK – The Guardian
A woman who was abandoned in Pakistan by her British husband and forcibly separated from her two-year-old daughter has won a high court case against such practice. In a landmark ruling, a judge found that women in her situation have been unlawfully discriminated against and should be allowed to return to the UK. To read the full article, click here
Human Rights of asylum seekers in the UK examined – UK Parliament Committees
The Joint Committee on Human rights examines the rights of asylum seekers in the UK on Wednesday 26 October when it takes evidence from representatives of Anti-Slavery International, the Refugee Council and the Joint Council for the Welfare of Immigrants. The session will provide an overview of the key issues relating to human rights affecting asylum seekers in the UK. This is likely to include the reasons for people claiming asylum in the UK and the availability of safe and legal routes. To read the full article, click here
Commentary: Trade, migration and Brexit by Johnathan Portes
Jonathan Portes assesses the extent to which predictions about trade and migration before the Brexit vote have materialized, highlighting that trade has been reduced by additional barriers but the extent to which liberalization would increase migration flows in the short term was underestimated. To read the full commentary, click here
Rishi Sunak Risks Fresh Braverman Row Over UK-India Visa Deal – Bloomberg UK
Rishi Sunak’s UK government is in talks with India over whether to increase the number of business visas granted to Indian nationals as part of a potential trade deal, a stance that risks causing friction in the new Prime Minster’s top team. To read the full article, click here
Rochdale grooming gang members lose appeal against deportation to Pakistan- Independent
Two men who were part of the notorious Rochdale grooming gang have lost an appeal against deportation back to Pakistan following a seven-year legal battle, immigration judges have ruled. To read the full article, click here
Inspection Report Published: An inspection of the Home Office’s processing of family visas September 2021 – February 2022 – Home Office
This inspection examined the Home Office’s processing of indefinite leave to remain applications on the family visa route. To read the report, click here
Asylum seekers: Home Office accused of ‘catastrophic child protection failure’ The Guardian
More than 220 unaccompanied asylum-seeking children are missing from hotels funded by the Home Office, prompting claims that the chaos-stricken government department is presiding over a “catastrophic child protection failure” Ministers have admitted that the Home Office has no idea of the whereabouts of 222 vulnerable children it was meant to be protecting. To read the full article, click here
CASE LAWS
R (on the application of HM, MA & KH) v Secretary of State for the Home Department [2022] EWHC 695 (Admin)
In an order sealed on 18 October 2022 the High Court reaffirmed its judgment in the case of R (on the application of HM, MA & KH) v SSHD, which found that the Home Office policy on seizure, search and retention of phones from migrants arriving in the UK by small boat between April and November 2020, was unlawful. To read the full determination, click here
The King on the application of JB (Ghana) v the Secretary of State for the Home Department – [2022] EWCA Civ 139
Appellant is a national of Ghana, who arrived in the United Kingdom in March 2011. In November 2019, he was arrested as an illegal entrant and taken into immigration detention. He claimed asylum.Home Office made a positive “reasonable grounds” decision with respect to Appellant, and he thus became entitled to support as a “potential victim of trafficking” (“PVoT”). Appellant lived with a friend for a short time – when the friend could no longer support him, he applied for accommodation. He was granted temporary support under section 98 and provided with temporary asylum accommodation at a hotel in Birmingham, on a full-board basis, from 25 March 2020. He continued to receive payments of £35 per week. On 31 March 2020 he was granted support pursuant to section 95. In 2020, JB issued a claim for judicial review. He sought additional (and backdated) payments, increasing his financial support to £65 per week, on the basis that he had been entitled to that amount under the terms of the MSAG issued by the Home Secretary in March 2020.
CA dismissed the appeal and held that the SSHD’s Policy in relation to asylum support entitlement for victims of trafficking were correctly adhered to. To view the full hearing, click here
HOME OFFICE POLICY DOCUMENT UPDATES
- Right to rent document checks -a user guide has been updated on 26th October 2022. To access the updated Guidance, click here
- Immigration and nationality refunds policy has been updated on 26th October 2022. To access the updated Guidance, click here
- Registering under special circumstances: caseworker guidance (British citizen under special circumstances) has been updated. To access the updated Guidance, click here
- Reception and induction checklist and supplementary guidance has been updated on 21st October 2022. To access the updated Guidance, click here
- Immigration Rules archive: 22 August 2022 to 17 October 2022 has been published on 21st October 2022. To access the updated Guidance, click here
INDEPENDENT REPORTS
An inspection of the use of hotels for housing unaccompanied asylum-seeking children (UASC) – Independent Chief Inspector of Borders and Immigration Control
ICIB has published a report pertaining to concerns about the Home Office breaching duty under s55 of the Borders, Citizenship and Immigration Act 2009 to safeguard and promote the welfare o children who are in the UK as vulnerable asylum seekers. To download the report, click here
ATLEU’s report: “It has destroyed me”: A legal advice system on the brink
ATLEU has published a detailed report on the impact of legal aid cuts on the survivors of trafficking and modern slavery. To download the report, click here
