
We are pleased to announce that our annual Judicial Review Conference was a huge success. It was lovely to receive a warm response in a large number, in person and online from all over the country.
Following a welcome and introduction from Mark Symes, Mr Haworth took the delegates through updated procedures and practical aspects of filing claims in Court. A refresher of historical aspects of Judicial Review and Courts Act 2022 were visited and a review of Sections 1 and 2, brought into force by The Criminal Justice Act 2003. Key case of R (oao The Good Law Project) v Secretary of State for Health and Social Care [2022] EWCA Civ 255 was discussed and a walk through for submission of electronic bundles in the Upper Tribunal explained.
Mark Symes then led the topic on the key immigration public law cases of the year. As a brief overview, significant Case Law developments such as Detention Action v Lord Chancellor [2022] EWHC 18 (Admin)
A detailed review of the case of O and Parliament intentions for its further application was analysed. The issue of ‘Fairness’ under Kanwal [2022], ‘Procedural issues’ under the precedence of Lu v SRA [2022] EWHC 1729 (Admin), Costs under JR186 [2022] NIQB 20 and assessment of damages under QH – EU & HRA 1998 were brought to light. Most importantly, the issue of tackling Civil claims for unmeritorious appeal by public authority was addressed.
After a short break, David Jones then led the topic Detention – Civil claims and Damages
This year we witnessed the regime being tightened with the Government’s low tolerance towards asylum seekers and those without leave in the country. Almost every month of 2022 was subject to revisions and updates surrounding Policy Guidance on this area. As such, a high number of detainees were recorded and with the advent of Rwanda policy, this continued to increase.
David led the delegates through the most fundamental aspects under the Rules of what firstly constitutes as unlawful detention. This refresher was then followed with assessing the lawfulness of detention under ECtHR and Article 5. Significance cases such as Kuchenmister [1958] 1 QB 496, Mahdid and Ors v Asustra [Application no 74762/01][2005], Hardial Singh and MS Jamaica [2011] ECWA Civ 938 to name a few, came as strong reminders.
Also discussed the future under the new detained fast track and the important parameters under this scheme.
Up next was Sandra Akinbolu from The 36 Group. Her topic for discussion- Biometrics and relocations challenges (including Afghanistan).
A revision of historical aspects of resettlement as an International Process and the provisions of the UNCHR International Handbook. This included a refresher on UK Refugee Resettlement Programs Policy Guidance and its interpretation. The modern day dilemma under the Afghan Relocations and Assistance Policy (ARAP) and the interpretation under Para 276BB3-5 inserted by HC 913 were widely discussed. The four categories of risk assessment were dissected individually with helpful guidance on how a person can satisfy either of those categories.
Sandra then discussed the critical aspects that can be raised in both the UK and overseas applications for Leave to Remain Outside the Rules (LOTR). The fundamental aspect of such applications lies in proving to the decision maker whether the application raises compelling compassionate factors, which mean that the Home Office should grant LOTR. Challenging complex Refusals under latest case law such as HNA, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 2100 (Admin) was spoken in detail.
The latest dilemma of not being able to provide BRP in war torn countries and waiving this compulsory requirement under extreme circumstances was fully reviewed. This included BRP Challenges under case studies of R (JZ) v Secretary of State for the Foreign, Commonwealth and Development Affairs [2022] EWHC 771 (Admin) and R (KA and others) v Secretary of State for the Home Department [2022] EWHC 2473 (Admin).
A lunch break and moved on to Miranda Butler she led the persistent issue of Modern Slavery and Government’s plan on tacking this under the current regime.
A refresher of the Modern Slavery Act 2015 that criminalises & consolidates various trafficking & slavery-related offences was given to the delegates. The areas of ECAT and Human Rights relevancy came as a reminder.
The delegates were further briefed on the key provisions (not yet in force) of Modern Slavery under Part 5, NABA 2022. This included important aspects such as the purpose of new trafficking provisions (considering the official statistics) and Section 63: disqualification from protection to name a few. Miranda also addressed the most encountered issue of Age Assessment conflict raised by the Home Office in denying vulnerable minor refugees and asylum seekers their rightful age status as a separate topic.
The final topic was with Mark Symes talking on challenges by the recent Rwanda Agreement and how to successfully litigate against unlawful removals. An insight and review on the history of the agreement and litigation followed by Scope under UK’s Nationality and Borders Act 2022 and Migration and Economic Development. Delegates were informed on the UK’s responsibilities under the Memorandum of Understanding Rwanda Agreement – Refugee Law, Public Law, ECHR & EU law Challenges.
All speakers welcomed questions, where live cases in progress and immigration advisors’ own experiences on issues covered in the Conference, served as a further insight.
The Conference concluded with drinks and a networking reception where in person delegates had an opportunity to socialise with their peers.
We are very grateful to everyone who attended the Conference and their constant support.
There is good news for those who were unable to attend that the recordings for Judicial Review Conference are going on sale! Watch this space!