Weekly Roundup – 13 June 2025
The Court of Appeal’s ruling in MH (Bangladesh) v Secretary of State for the Home Department [2025] EWCA Civ 688 provides important guidance on what the tribunal can reasonably deduce about surveillance by the state of sur place activities. The Bangladeshi appellant attended demonstrations and social media activities in support of the opposition Bangladesh National Party in the UK; however, the tribunal found that there was insufficient evidence for the authorities to be monitoring a person’s sur place conduct to the potential level of risk when they returned to Bangladesh.
The case reinforces that although the applicant may show evidence of being involved in protests and maintaining a social media presence, the applicant will need to provide evidence that demonstrates the context so they can show reasonable evidence that they are monitored by authorities. This might also include evidence about personal conduct and activist profile and, if possible, whether there has been evidence from the individual’s story or claims. The point is to consider reasonable evidence that suggests a potential state interest in the individual as opposed to protesting on the basis of the general conditions in their country.
This evidential rigor relates to ideas in the Administrative Court’s conclusion in SAC v Secretary of State for the Home Department [2025] EWHC 1400 (Admin) that involved an Algerian national who was engaged in exploitative work in construction. The ruling emphasised that a victim may give consent, believe they are consenting, when they cannot see another reasonable alternative, and that consent can still amount to forced labour. The Court also criticised the SCA’s over-emphasis regarding “pure economic necessity” without completing the required holistic assessment. In this case, the claimant was subjected to wage withholding, threats of destitution, alongside substantial psychological pressure as surpassed mere economic motivation.
The focus on thorough evidence-gathering resurfaced in AAZA (Yemen) v Secretary of State for the Home Department [2025] EWCA Civ 705, where the Court of Appeal saw and maintained the established principles imposing evidential burdens on applicants resisting return to a third country. The Yemeni appellant had been in China since age one and had no formal status there and sought to argue that his return was unreasonable because he would be returned without the rights to enter. The Court of Appeal rejected this argument and confirmed the MA (Ethiopia)principle that required applicants to take reasonable steps in obtaining return documentation.
These judicial developments are occurring alongside the recommendations from the Migration Advisory Committee to lower family visa income thresholds from £29,000 to an amount between £23,000-£28,000. The MAC reported that the previous Conservative government proposal to raise the threshold to £38,700 could violate Article 8 ECHR rights to family life. Professor Brian Bell stated that there is a “real trade-off” between economics and family unity and explained that the MAC analysed how an adult with an income of £27,800 would achieve fiscal neutrality, but the MAC expressed serious concerns relating to human rights value in applying such economic thresholds to family visas.
With the MAC recommending lower family visa income thresholds and emphasising the balance between economic factors and family rights, understanding exceptional circumstances routes has become increasingly important.
HJT’s live, online course on Making Family Applications in Exceptional Circumstances on 22nd July 2025 offers practical guidance on applying GEN 31.1-3.3 and EX.1 of Appendix FM when clients cannot meet standard requirements.
Expert Antonia Randall Brandwood will give insights on how to explain these provisions clearly, what evidence is needed, and how to apply the law to real case studies. As family visa thresholds remain under scrutiny and exceptional circumstances applications become more significant, this training provides essential skills for practitioners advising clients who fall outside the standard rules.
Perfect for those starting in immigration law or looking to strengthen their family applications expertise. To book your spot, visit here
Also, do check out HJT’s blog post for an insightful breakdown on MAC’s findings, click here
For more information on our other live online courses, visit here
Additionally, all significant updates on Rules, Case Law and procedural changes are covered comprehensively in Mastering Immigration Law. The comprehensive resource ensures immigration advisors can meet the everyday challenges through effective interpretation of the legal resources to accelerate their case successes. For enquiries and FREE DEMO, contact us enquiries@hjt-training.co.uk or call 075441 64692.
For the full list of updates on media news, reports and Home Office Guidance and Policy updates, SEE BELOW
News
Another drop in UK net migration in 2026 may cause labour shortages, says No 10 adviser – The Guardian
UK net migration is expected to fall to 200,000 in 2026 with possible resulting labour shortages in the hospitality and retail sectors, an independent adviser to the government has said. Prof Brian Bell, the chair of the migration advisory committee, said the figure was then predicted to rise again to just below 300,000 in the medium term.
For full report, click here
Lowering UK’s income requirement for family visas ‘would increase net migration’ – The Guardian
Ministers could cut the amount a British citizen or settled resident must earn to apply for a partner’s visa but that would result in a rise in net migration, a report by the government’s independent immigration panel has said. The migration advisory committee said that ministers could set any future minimum income threshold between £23,000 and £25,000. Since April 2024, applicants have had to earn at least £29,000 to apply for a visa for their partner.
For full report, click here
Investigation launched after deportee breaks free on Heathrow runway – The Guardian
An inquiry is under way into how an immigration detainee who was being deported from the UK managed to free himself from restraints and started to run, close to take off paths of planes at Heathrow airport.
The man, who was captured on film sprinting across the runway at Terminal 2 on Sunday, was about to be deported to India but managed to break free from the guards holding on to his waist restraint belt while escorting him to the plane.
For full report, click here
UK taxpayers face extra costs as France plans Channel small boat interceptions – The Guardian
British taxpayers will be expected to contribute more money to stop irregular migration as the French government prepares to halt small boats carrying asylum seekers even if they are already at sea. It is understood there will be extra costs associated with the scheme to tackle boats within 300 metres of the shore – including paying for police, boats and drones – which the UK will be asked to share with France.
For full report, click here
Less than 4% of exploited care workers helped by UK government scheme – The Guardian
Less than 4% of exploited care workers have reported finding new work in a multimillion-pound government scheme designed to rematch them with new employers. Analysis by the Work Rights Centre found just 3.4% of the 28,000 exploited migrant care workers signposted to a service to find them new jobs had reported being rematched with a new employer, while 131,000 social care vacancies remain unfilled.
For full report, click here
Migrants hoping to cross Channel consider future – BBC News UK
Nearly 15,000 people have reached the UK in small boats so far in 2025 – a rise of about a third on the same period in the previous year.
For full report, click here
New buildings to revive immigration removal centre – BBC News UK
A £70m revamp of an immigration removal centre will involve refurbishing its existing site and building new accommodation. Campsfield House in Kidlington, Oxfordshire, was shut in 2018 after years of problems, including riots, escapes and complaints about conditions.
For full report, click here
Call for ‘tax on love’ visa rules to be changed – BBC News UK
The Home Office said it is considering recommendations which include lowering the minimum income required for a British citizen or settled resident to apply for a visa for their foreign spouse in the UK, currently set at £29,000.
For full report, click here
Restaurant loses licence over illegal immigrants – BBC News UK
An Indian restaurant can no longer serve alcohol to customers after illegal immigrants were found working at the business.
Home Office immigration enforcement teams visited The Spice Club in Bridgwater three times between 2019 and 2024, with people found to be working illegally on all three occasions.
For full report, click here
Family visa income threshold should be lower, review says – BBC News UK
The minimum income threshold for family visas should be relaxed, a government-commissioned review has recommended. A report by the Migration Advisory Committee (MAC) has suggested a reduction from the current level of £29,000.
For full report, click here
Loft Lines raided as part of immigration enforcement – BBC News UK
The Home Office has arrested almost 150 people during immigration enforcement raids at workplaces across Northern Ireland since July 2024, new figures reveal. BBC News NI understands 36 people were arrested at the Loft Lines complex in the Titanic Quarter in Belfast.
For full report, click here
Explained: What is the average UK study visa refusal rate? – The Pie Network
The UK government’s recent immigration white paper laid out a number of changes for UK institutions, including changes to compliance metrics. Under the plans, a sponsor would have to maintain a course enrolment rate of at least 95% and a course completion rate of 90% in order to pass the compliance threshold.
For full report, click here
EVisas soon to replace visa stickers for certain UK visa routes – Lewis Silkin
From 15 July 2025, non-Europeans granted UK entry clearance in work and certain other routes will no longer receive a visa sticker in their passport. Instead, the approval email will tell the applicant to set up a UKVI account to access their eVisa. This streamlines the process, but employers and applicants should be on alert to identify and resolve potential eVisa issues.
For full report, click here
Case Law
AAZA (Yemen) v Secretary of State for the Home Department [2025] EWCA Civ 705
Court of Appeal confirms that asylum seekers must prove they cannot return to countries where they previously lived, even without legal status there. A Yemeni man who lived in China since childhood was refused UK protection because he couldn’t provide evidence that China would deny him re-entry, despite having no Chinese citizenship or visa. The Court of Appeal upheld that the burden lies on applicants to demonstrate they would be refused entry to third countries, rather than on the Home Office to prove acceptance.
For full decision, click here
MH (Bangladesh) v Secretary of State for the Home Department [2025] EWCA Civ 688
This Court of Appeal case confirms that asylum seekers claiming persecution based on UK political activities cannot be expected to prove direct state surveillance, but must show their activities are significant enough to likely attract government attention. The Court dismissed a Bangladeshi appellant’s claim, ruling that tribunals should use common sense about surveillance capabilities whilst recognising that low-profile political activities are less likely to result in persecution upon return.
For full decision, click here
SAC v Secretary of State for the Home Department [2025] EWHC 1400 (Admin)
This High Court case successfully challenged a Home Office decision refusing to recognise an Algerian national as a potential victim of modern slavery. The Court found the decision unlawful because it failed to properly consider key factors like wage withholding, threats, and the claimant’s vulnerable position, instead wrongly dismissing the case as merely “economic necessity.” The decision was quashed for not following statutory guidance on consent and forced labour definitions.
For full decision, click here
Independent Reports
Family Route: Financial Requirements Review, Migration Advisory Committee, June 2025
The Migration Advisory Committee has rejected the previous government’s plan to raise spouse visa income requirements to £38,700, recommending a lower range of £23,000-£25,000 instead. The MAC found that higher income thresholds cause harmful family separations, particularly affecting British children, and concluded there’s no easy balance between controlling immigration and protecting family life rights.
For full report, click here – To read HJT’s blog post for an insightful breakdown on MAC’s findings, click here
Home Office Guidance and Documents Policy Updates
Guidance: Skilled Worker visa: jobs that qualify for a PhD salary discount has been updated on 11th June 2025. To view the updated Guidance, click here
Guidance: Register of licensed sponsors: workers has been updated on 11th June 2025. To view the updated Guidance, click here
Guidance: Register of licensed sponsors: students has been updated on 11th June 2025. To view the updated Guidance, click here
Guidance: Deporting foreign nationals on conducive grounds: caseworker has been updated on 10th June 2025. To view the updated Guidance, click here
Promotional material: Create, link and access your eVisa with a BRP: video has been updated on 09th June 2025. To view the Promotional material, click here
Promotional material: Create, link and access your eVisa with a passport: video has been updated on 09th June 2025. To view the Promotional material, click here
Guidance: Prove your English language abilities with a secure English language test (SELT) has been updated on 09th June 2025. To view the Promotional material, click here
Guidance: Online immigration status (eVisa) has been updated on 09th June 2025. To view the updated Guidance, click here
Guidance: Unaccompanied asylum seeking children: national transfer scheme has been updated on 09th June 2025. To view the updated Guidance, click here
Guidance: Powers and operational procedure: caseworker has been updated on 06th June 2025. To view the updated Guidance, click here
Written by Shareen Khan – Legal Content Writer, HJT Training
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Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Immigration advisors should consult the full decisions and official policy documents when advising clients on specific cases.