In recent news, the UK government has come under fire for using military sites to house asylum seekers. The move by UK Visas and Immigration (UKVI) has been criticised by human rights organizations as inhumane and potentially traumatising for those seeking refuge. Such sites are reportedly in remote locations and have limited access to basic amenities such as healthcare, education, and legal support.
The UK government has defended the move, stating that it is a necessary measure to address the increasing number of asylum seekers arriving in the country. However, critics argue that the use of military sites is a breach of the human rights of refugees and that the government should find more humane solutions.
Despite the criticism and calls for action from various human rights organisations, it remains to be seen how the situation will develop and whether the UKVI will reconsider its approach to housing refugees in the country.
The recent decision by UKVI to ask Afghans who want to resettle in the UK to provide documents approved by the Taliban government has been criticised, as unfair and insensitive. Many Afghans who are seeking refuge in the UK may not have been able to obtain official documents from the Taliban government for obvious reasons. Furthermore, the Taliban’s history of human rights violations and their current control over the Afghan government raises concerns about the authenticity and validity of any documents they may provide. This requirement by the UKVI may place additional burdens on Afghan refugees and make it even more difficult for them to access asylum in the UK.
Considering all such harsh measures towards asylum seekers, there has been an exhaustive list of Home Office Policy documents updated relating to transparency data on migrants, accommodation provision for asylum seekers and assessment of resettlement schemes to name a few.
Amongst other news, two important case law decisions have surfaced this week.
In R (on the application of the3million & Anor) v SSHD The UK government’s bid to create an immigration exemption to the Data Protection Act 2018 has been ruled incompatible with the General Data Protection Regulation (GDPR) by the High Court.
R (Sandy) v Secretary of State for the Home Department [2023] brings a fresh perspective in the good character requirement for rendering that refusals on this basis by SSHD should be protected under the reasoning of rationality.
Good news for Hong Kong nationals, as this week the Government announced Hong Kong Veterans Settlement route. Enables Hong Kong nationals who served in the British military to live and work in the UK. This scheme is also extended towards family members to include partners and children.
This and more covered for you in our Immigration News Weekly Roundup.
Do not forget our Director, Mark Symes, is delivering Live Webinar on The New Immigration Rules (HC 1160; 9thMarch 2023) put on a short notice to cover the latest updates to the Immigration Rules. For more information and or to book, click here
NEWS
New support for Afghans in UK hotels to find settled housing – Home Office
Afghans living in temporary bridging accommodation in the UK under the UK’s two resettlement schemes, Afghan Citizens Resettlement Scheme (ACRS) and Afghan Relocations and Assistance Policy (ARAP), will be given additional support to find settled accommodation after 18 months in hotels. To read more, click here
Asylum seekers to be accommodated on surplus military sites – Home Office
Surplus military sites at Scampton and Wethersfield will accommodate asylum seekers who enter the UK illegally on small boats, the government has announced. To read the full news, click here
New settlement route for Hong Kong veterans – Hong Kong
The government’s new Hong Kong Veterans Settlement route will enable Hong Kong nationals who served in the British military to live and work in the UK. The government’s new Hong Kong Veterans Settlement route will be open to all servicemen and women who served in the British military prior to 1 July 1997 and their family members, including a partner or spouse and dependent children. To read the full article, click here
Support for refugees in UK cuts aid for disasters overseas, says watchdog – Independent
The Independent Commission for Aid Impact (ICAI) said while so-called “in-donor refugee costs” have ballooned in recent years, the UK’s response to floods in Pakistan and drought in Somalia has been delayed and “very limited”. The findings will add to the pressure on the Government to tackle the issue of migrant small boats crossing the Channel and bear down on the backlog in asylum claims. To read the full article, click here
Afghan applying to resettle in UK asked to provide Taliban approval – The Guardian
Afghan who worked with the British Council and is applying to come to the UK has been told to retrieve documents from the Taliban or risk rejection, despite assurances earlier this month that such demands would end. The Ministry of Defence apologised on 18 March after an investigation found that applicants to the Afghan relocations and assistance policy (Arap) scheme were required to provide birth and marriage certificates in English and bearing stamps from Afghan government departments. To read the full article, click here
Illegal migration bill could topple world refugee system, lawmakers told – The Guardian
The government’s plans to curtail the rights of asylum seekers could lead to the collapse of the system of international protection for refugees, parliamentarians have been warned. Vicky Tennant, the UK representative at the UN high commissioner for refugees (UNHCR), told MPs and peers on the joint committee on human rights that she had serious concerns about the implications of the illegal migration bill if it becomes law. The bill is proceeding through parliament. To read the full article, click here
Boats, barges, and big bills – the asylum options being chewed over in Whitehall – The Guardian
Ministers led by the home secretary, Suella Braverman, are desperate to stop the use of hotels at a cost of £6.2m a day for people seeking asylum in the UK. Conservative MPs are demanding extreme measures – here are some of the alternatives “not being ruled out” by the government. To read the full article, click here
Rishi Sunak raises doubt over asylum flights to Rwanda this summer – The Guardian
Rishi Sunak has raised doubts that asylum flights to Rwanda will take off by the summer, despite official briefings during Suella Braverman’s trip to the African country that plans were on track. During an appearance at the Commons liaison committee, the prime minister told MPs that “no one has promised flights by the summer” after he was pressed over the deterrent effect of the policy so far. To read the full article, click here
Afghan refugees face homelessness under UK plans, say rights groups – The Guardian
People who fled the Taliban in Afghanistan are at risk of homelessness in the UK, humanitarian groups have warned, after ministers announced plans to move the refugees out of hotels and into homes on the condition they accept the first offer made to them.
Afghans living in “temporary bridging accommodation” in the UK under the UK’s two resettlement schemes would be given additional support to find settled accommodation after 18 months in hotels, the Home Office said. To read the full article, click here
Two men arrested after immigration raid at Stockport abattoir – BBC News
A representative said enforcement officers raided Manchester Abattoir Limited in Stockport on Thursday and found two men who failed work checks. One man was found to have overstayed his visa, while another did not have the right to work in the UK due to an outstanding asylum application. To read the full article, click here
Not detaining child migrants creates pull factor – Sunak – BBC News
On Tuesday, the prime minister argued these plans must include families so there was no “incentive” for people to bring children with them. To read the full article, click here
Council of Europe’s Human Rights Commissioner for Parliament to reject Illegal Migration Bill
The Council of Europe’s Commissioner for Human Rights has written a letter to both the House of Commons and the House of Lords, urging members to vote against the Illegal Migration Bill proposed by the Government. To read the full letter and Commissioner’s reasoning, click here
CASE LAW
R (on the application of the3million & Anor) v Secretary of State for the Home Department & Anor [2023] EWHC 713 (Admin)
The High Court has declared that the UK government’s attempt to create an immigration exemption to the Data Protection Act 2018 is still incompatible with the General Data Protection Regulation (GDPR). The Court of Appeal previously ruled the exemption unlawful in 2018, citing a failure to meet GDPR safeguarding requirements. The High Court’s recent ruling confirms this decision. To read the full decision, click here
R (Sandy) v Secretary of State for the Home Department [2023] EWHC 640 (Admin)
The High Court ruled that objections to the Home Secretary’s refusal to grant citizenship naturalisation requests may only be contested on the grounds of irrationality. Mostyn J, in this case, disputed the nature of the Secretary of State’s assessment that determines whether a person is of good character, arguing that it requires an assessment of values rather than factual analysis. The judgment also states that it is difficult to challenge a decision-maker’s evaluation on appellate review, as it is a valued judgment. To read the full decision, click here
HOME OFFICE DOCUMENT UPDATES
- Collection Refugee resettlement analysis has been published on 30th March 2023. Under the Collection, the following have been released:
Qualitative Evaluation of the Vulnerable Persons Resettlement Scheme (VPRS) and the Vulnerable Children’s Resettlement Scheme (VCRS). To download, click here
The Global Mental Health Assessment Tool (GMHAT) pilot evaluation: Final report. To download, click here
- The UK government’s approach to evaluating the Vulnerable Persons and Vulnerable Children’s Resettlement Schemes. To download, click here
- Collection Migration research and analysis has been updated on 30th March 2023. To download the full Collection, click here
- Transparency data Ukraine Visa Schemes: visa data has been updated on 30th March 2023. To download the data, click here
- Policy paper Illegal Migration Bill: factsheets has been updated on 29th March 2023. To view the document, click here
- Asylum accommodation factsheets has been published on 29th March 2023. To download, click here
- Transparency data Migrants detected crossing the English Channel in small boats has been updated on 29thMarch 2023. To download the data, click here
- Collection Illegal Migration Bill has been updated on 28th March 2023. To view the full collection, click here
- Policy paper National Security Bill: factsheets has been updated on 28th March 2023. To download the Policy Paper, click here
- Guidance Sponsor a Scale-up Worker has been updated on 28th March 2023. To view the Guidance, click here
- Guidance Coronavirus (COVID-19): right to work checks has been updated on 28th March 2023. To view the Guidance, click here
- Collection Landlords: immigration right to rent checks has been updated on 23rd March 2023. To view the full collection, click here
- Guidance Right to rent immigration checks: landlords’ code of practice has been updated on 23rd March 2023. To download the Guidance, click here
- Transparency data: Country returns guide has been updated on 23rd March 2023. To download the data, click here
