Immigration News Weekly Roundup – 29 September 2023

It has been an eventful week in Immigration news with several notable developments. Home Secretary Suella Braverman made controversial remarks criticizing the UN Refugee Convention as being outdated and too expansive in granting asylum. She claimed the courts have expanded the definition of “persecution” and allowed more people to qualify for refugee status. For obvious reasons, the statement has not been taken kindly on a global platform.  

In her retort of the above remarks, the Home Secretary also alleged that some asylum seekers falsely claim to be gay to “game the system” and gain preferential treatment in applications. She insisted this is unfair and undermines the integrity of the process.

In response, the UNHCR strongly defended the continued relevance and importance of the Refugee Convention as the cornerstone of refugee protection. They reiterated that it provides an essential framework for international cooperation on addressing refugee crises.

However, UKVI’s attempt to curb illegal migration through raids on UK businesses remains active. This week in enforcement actions, immigration officials raided an Indian restaurant in Nailsea for the third time in 15 months. Two employees were arrested for working illegally, and the owner owes £100,000 in fines for previous unauthorized hires. This reflects the UKVI is not going to stop to crack down on businesses employing undocumented immigrants.

Our live online course: Home Office Audits scheduled on Tuesday, 21st November 2023 come just in time to refresh immigration advisors to update on UKVI’s compliance expectations on all businesses holding sponsor licence to recruit foreign employees. 

Additionally, the Solicitors Regulation Authority issued an urgent warning notice this week following the controversial Daily Mail investigation report on bogus lawyers assisting immigrants make false claims to seek leave to remain in the UK.

The SRA has warned:

 “Consequences for this group can be particularly severe, long-lasting, and difficult to rectify. A client found to have submitted false or misleading information to the Home Office or relating to an appeal could face significant financial and personal consequences, including being made to leave the country.”

Paul Philip, Chief Executive of the SRA stated that the report servers as a reminder for immigration advisors that integrity and upholding professional standards are paramount, given the vulnerability of immigrant clients.  

A course not to be missed The July Immigration Rules & Illegal Migration Act 2023 scheduled to take place on 18th October 2023 aims to update and train immigration practitioners on the IMA 2023 radically changes the UK’s approach to asylum claims. Led by HJT Directors, Mark Symes and David Jones.

The Home Office is ratcheting up enforcement, making the climate harsher for immigrants and asylum seekers. Simultaneously, regulators like the Solicitors Regulation Authority and OISC will be keeping strict checks on immigration advisors, evident from the warning released against unscrupulous practices.

This is a double-edged sword situation that puts immense pressure on immigration advisors more than ever as guiding clients through the system grows more complex by the day.

That is precisely why having a reliable resource like Mastering Immigration Law at your disposal. As the Home Office reshapes policies on a fast paced basis, immigration advisors need an expert decoder to elucidate the changes. With our editor Mark Symes analysing each update, immigration practitioners are assured to stay on top of this moving target.

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This and more are covered in our Immigration News Weekly Roundup.

IMMIGRATION NEWS 

Warning Notice Immigration Advisors – Solicitors Regulation Authority

Recent events unfolding the Daily Mail investigation regarding bogus immigration lawyers have highlighted the need for immigration lawyers to adhere to professional codes of conduct.

SRA’s latest warning issued this week, practitioners are cautioned to uphold honesty, integrity and the highest ethical standards, particularly when assisting immigration and asylum clients who may be especially vulnerable. Immigration advisors are expected to strictly follow all applicable rules and requirements in their work.

For full report, click here

 

Suella Braverman questions UN treaty’s definition of refugee persecution – Financial Times

UK home secretary Suella Braverman on Tuesday asked world leaders to consider whether the UN Refugee Convention was “fit for the modern age”, in a speech that queried the treaty that has underpinned international humanitarian law for seven decades.

Addressing the right-wing American Enterprise Institute think-tank in Washington, DC, Braverman claimed that courts had expanded the convention’s definition of “persecution” and increased the number of people qualifying for refugee protection.

The speech marks the strongest attack yet by a UK government minister on the treaty, agreed in 1951 in the aftermath of the Second World War. The UNHCR, the UN refugee agency, responded by insisting the convention was “as relevant as when it was adopted” and provided an “indispensable framework” for addressing the challenges of international migration.

For full report, click here

 

Asylum seekers pretend to be gay to ‘game the system’ and stay in Britain, claims Suella Braverman – as Home Secretary dismisses backlash against her migration speech – Mail Online  

Asylum seekers pretend to be gay to ‘game the system’ and stay in Britain, Home Secretary Suella Braverman claimed tonight. The senior Cabinet minister insisted there are ‘many instances’ where people say they’re homosexual to receive preferential treatment in asylum applications.

‘That’s not fair and it’s not right,’ said Mrs Braverman, adding: ‘It’s not the way our asylum system should work.’ The Home Secretary made the comments as she defended herself amid a fierce backlash against a speech, she made on migration in the US yesterday.

In an address at a think-tank event in Washington DC, Mrs Braverman warned of an ‘existential challenge’ to the West from uncontrolled immigration and claimed multiculturalism had ‘failed’. 

For full report, click here

 

UK officials seeking to deport asylum seeker mistook him for three other men – The Guardian  

The Home Office is facing fresh charges of incompetence after officials seeking to deport an Indian asylum seeker from the UK managed to confuse him in its paperwork with at least three other refugees.

It is understood Home Office officials had confused Singh with three other men of the same name while processing his claim to stay in the UK. An appeal tribunal due to hear Singh’s asylum case has been adjourned while his lawyers wait on new and correct government paperwork.

For full report, click here

 

UNHCR News Comment on the importance of the International Refugee Convention – UNCHR

United Nations has responded to recent remarks by Suella Braverman’s official statement questioning refugee protections.

The UN High Commissioner for Refugees strongly affirmed the continuing relevance of the 1951 Refugee Convention in their response. The Commissioner underscored that this seminal international agreement still provides the vital framework for defining refugee rights. This reassertion highlights the ongoing debates surrounding asylum laws and policies.

For full report, click here

 

Nailsea restaurant Posh Spice shut after immigration raid – BBC News

Immigration officials closed an Indian restaurant for 24 hours, after finding staff working there illegally.

It is the third time in 15 months the Nailsea venue Posh Spice was raided by the immigration team. Two employees were arrested, and the owner owes £100,000 in fines for employing staff illegally following previous raids.

The Home Office has tripled fines and increased raids on businesses in the UK.

For full report, click here

 

Wethersfield asylum seekers ‘on hunger strike’ over poor conditions – BBC News

At least eight occupants of an asylum accommodation centre have gone on hunger strike in a protest over food and conditions, it has been claimed.

One man said he had not eaten for five days at the former Ministry of Defence (MOD) site at Wethersfield, in Essex. The Home Office previously denied migrants had started refusing food. But in a new statement, it said it did “not recognise” the allegations being made about the centre.

The BBC has not been able to independently verify the details, but a video has been circulated purporting to show one man being assisted after collapsing because he had not eaten.

For full report, click here

 

HOME OFFICE GUIDANCE AND POLICY DOCUMENT UPDATES

 

  • Caseworker Guidance: Asylum screening and routing has been updated on 28th September 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance: Offender management has been updated on 28th September 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance: Assessing credibility and refugee status has been updated on 28th September 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance: First-tier Tribunal bail has been updated on 28th September 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance: Citizenship fee waiver for individuals under 18 has been updated on 28th September 2023. To view the updated Guidance, click here

 

  • Guidance: Tuberculosis testing in Iran has been updated on 27th September 2023. To view the updated Guidance, click here

 

  • Guidance: Register of licensed sponsors (workers) has been updated on 27th September 2023. To view the updated Guidance, click here

 

  • Caseworker Guidance: Chapter 08 – appendix FM family members: has been updated on 27th September 2023. To view the updated Guidance, click here

 

  • Guidance: Examples of UK visa vignettes has been updated on 26th September 2023. To view the updated Guidance, click here

 

  • Guidance: Prove your English language abilities with a secure English language test (SELT) have been updated on 25th September 2023. To view the Guidance, click here

 

  • Guidance: Endorsing bodies: Innovator Founder and Scale-up visas have been updated on 22nd September 2023. To view the Guidance, click here

 

  • Guidance: Unaccompanied asylum seeking children and leaving care – funding instructions has been updated on 22nd September 2023.  To view the Guidance, click here

 

  • Guidance Bangladesh: tuberculosis test clinics for a UK visa have been updated on 21st September 2023. To view the Guidance, click here

 

  • Transparency data: Country returns guide has been updated on 27th September 2023. To download the updated data, click here

 

  • Transparency data: Migrants detected crossing the English Channel in small boats has been updated on 27th September 2023. To download the updated data, click here

 

  • Guidance: Application registration card (ARC) has been updated 22nd September 2023. To view the updated Guidance, click here

 

  • Policy paper: Communiqués from the Intermenstrual Group for Safety, Security and Migration has been updated on 22nd September 2023. To view the Paper, click here

 

  • Guidance: Electronic travel authorisation (caseworker guidance) has been published on 22nd September 2023. To view the updated Guidance, click here

 

  • Transparency data: Ukraine Visa Schemes has been updated on 21st September 2023. To download the updated data, click here

 

  • Guidance: Managing property of detainees in the UK has been updated on 21st September 2023. To view the updated Guidance, click here

 

  • Impact assessments covering migration policy has been updated on 20th September 2023. To view the findings, click here

 

  • Guidance: Refugee Employability Programme has been published on 20th September 2023. To view the updated the Guidance, click here

 

  • Research and analysis: Review of Tier 1 (General) settlement refusals has been released on 5th September 2023. To view the updated data, click here

 

Stay tuned for more Immigration News next week!!

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