Immigration News Weekly Roundup – 3 May 2024
This week has witnessed a deluge of headlines on the controversial implementation of removals to Rwanda, thrusting immigration policies and their humanitarian implications into the forefront of public discourse.
The ‘Safety of Rwanda’ bill received approval from both chambers of the British Parliament on April 23rd, despite facing criticism from UN experts and advocacy groups for potential violations of the European Convention on Human Rights. Rishi Sunak, speaking at a Downing Street conference on Monday, assured that flights to Rwanda would commence “within 10 to 12 weeks,” suggesting a rapid implementation of the plan.
British authorities have already initiated the execution of the scheme by beginning to detain asylum seekers, signalling the Government’s commitment to deport them to Rwanda. The first flights are anticipated to depart as early as July, indicating the swift progression of the plan into action.
It’s been reported that an initial unsuccessful asylum seeker has been removed to Rwanda under voluntary returns programme as part of a newly instituted voluntary removal program, which offers financial incentives of up to £3,000 to individuals whose asylum claims have been denied. In response to the deportation scheme to Rwanda, many irregular migrants are considering relocating to Ireland to avoid the risk of forced removal.
However, tensions between Ireland and Britain are escalating, as Dublin is adamant about returning asylum seekers to the UK, while London is steadfast in its refusal to accept them. To formalize this stance, Ireland is in the process of enacting new legislation that would designate the UK as a “safe country” for returning asylum seekers.
Nonetheless, Downing Street has suggested that while there are operational arrangements between the UK and Ireland, there is no legal obligation for the UK to accept the return of asylum seekers from Ireland, casting doubt on the extent of the post-Brexit agreement between the two governments.
Children are disproportionately affected among vulnerable migrant populations, with lone child asylum seekers particularly vulnerable to being mistakenly categorized as adults by the Home Office, potentially placing them at risk of deportation to Rwanda. The Refugee Council, an organization dedicated to assisting these children, has sounded the alarm after discovering that more than a dozen of the children under its care were erroneously issued notices of intent for deportation to Rwanda.
Additionally, in the case of the King on the application of DM v SSHD and United Nations High Commissioner for Refugees [2024] EWHC 967 (Admin), the High Court dismissed the remaining challenge concerning family reunion regulations for child refugees, which prevent them from reuniting with their families in the UK.
The court scrutinized the rationality of the Home Secretary’s decision-making process, with a particular emphasis on the exclusion of child refugees from the family reunion pathway since 2000. While recognizing the significance of an effective family reunion system in offering safer alternatives to perilous journeys, the court’s ruling highlights the current restrictive nature of UK immigration policies concerning child refugees. Despite the possibility of appeal, the judicial review was ultimately rejected.
The current removal situation, particularly concerning the implementation of the Rwanda removal scheme by the UK government, raises significant ethical and legal concerns.
In the wake of evolving immigration policies and the implementation of contentious removal schemes like those to Rwanda, immigration advisors face a pressing need to remain vigilant and well-informed. As the landscape of migration management undergoes constant change, staying abreast of updates to rules, procedures, and case law is paramount for advisors to effectively navigate complex legal frameworks and provide accurate guidance to their clients.
HJT Training offers exclusive courses tailored to equip immigration professionals with the knowledge and practical insights necessary to meet these challenges head-on. Through comprehensive training covering important updates to rules and regulations, as well as practical strategies for addressing emerging issues, HJT empowers advisors to enhance their expertise and ensure the highest standards of client representation in an increasingly dynamic immigration development.
On the context of relocation, the threat of removals also extends to EU Nationals who have yet not acquired pre-settled or settled status. Even though not to Rwanda, but such individuals do risk removal to their own safe EU counties. Considering the high figures of EU citizens returned in the year ending 2023, it is imperative that EU nationals whose applications remain pending with the Home Office are safeguarded.
HJT’s live online course The EU Settled Status Scheme – The Latest Thinking scheduled on 8th May is the need of the hour for advisors looking to address complexities for their EU clients in the limbo with Home Office.
For more information or to register, visit here For more information on our other live sessions, visit here
For enquiries, contact us enquiries@hjt-training.co.uk or call 075441 64692.
For the full list of updates on media news, reports and Home Office Policy and other document updates, see below
IMMIGRATION NEWS
Father of girl who died in Channel says family feared being deported to Iraq – The Guardian
The father of a seven-year-old girl crushed to death on a small boat has said they tried to cross the Channel after being informed his young family would be deported to Iraq after spending years in Europe.
Ahmed Alhashimi, 41, lost grasp of his daughter, Sara, on an inflatable dinghy after a large group of men rushed onboard as it was pulling away from the shores of Wimereux, south of Calais.
For full report, click here
Lone children at risk of deportation to Rwanda after being classified as adults, says charity – The Guardia
Lone child asylum seekers are at risk of being sent to Rwanda because the Home Office has wrongly classified some as adults, it has been claimed.
The Refugee Council, which works with these children, has warned of the risk after more than a dozen of the children it works with were wrongly issued with notices of intent for Rwanda.
For full report, click here
UK ministers acknowledge detention of asylum seekers to be sent to Rwanda – The Guardian
UK ministers have acknowledged for the first time that they are detaining asylum seekers to be removed to Rwanda, prompting demonstrations outside Home Office buildings.
Nationwide operations began this week to detain adult men and women, with more activity due to be carried out over the next 11 weeks leading up to a one-way flight to east Africa.
For full report, click here
Man detained by Home Office told he is being sent to Rwanda, says NGO – The Guardian
An asylum seeker who turned up for a routine Home Office appointment on Monday was detained and told that he was being sent to Rwanda, an NGO has said.
In what is believed to be the first potential deportation case under the Rwanda scheme since Rishi Sunak’s bill received royal assent, the Sudanese man was held in Croydon, south London, the organization Soas Detainee Support (SDS).
For full report, click here
Rwandan opposition leader voices doubts Kigali will stick to UK asylum deal – – The Guardian
A Rwandan opposition leader who has been banned from standing for election has cast doubt on whether her government will stick to the terms of the deportation deal agreed with Rishi Sunak.
Victoire Ingabire Umuhoza told the Guardian that the Rwandan government’s refusal to allow her to stand or leave the country to see her ill husband showed that the government under Paul Kagame did not adhere to international law.
For full report, click here
Home Office has lost contact with thousands of potential Rwanda deportees, data shows – The Guardian
The Home Office is “used to” losing contact with asylum seekers, a UK government minister has said, after official figures suggested thousands of people it hoped to deport to Rwanda had stopped reporting.
The impact assessment on the Home Office’s website on Monday suggests the department is in contact with 38% of those it intends to remove to Rwanda. Only 2,145 “continue to report to the Home Office and can be located for detention”, the impact assessment says, of the 5,700 it has identified to put on the first flights.
For full report, click here
Asylum seekers in UK should have right to work after six months, MPs say – The Guardian
Asylum seekers should be given the right to work after six months and granted greater access to public services, MPs have said in a cross-party report on the UK’s immigration system.
The government’s existing policies appear “designed” to push migrants and asylum seekers into destitution while failing to deter them from coming to the UK, it concludes.
For full report, click here
Home Office to detain asylum seekers across UK in shock Rwanda operation – The Guardian
The Home Office will launch a major operation to detain asylum seekers across the UK on Monday, weeks earlier than expected, in preparation for their deportation to Rwanda, the Guardian can reveal.
Officials plan to hold asylum seekers who turn up for routine meetings at immigration service offices or bail appointments and will also pick people up nationwide in a surprise two-week exercise.
For full report, Click here
Ireland plans to send asylum seekers back to UK under emergency law – The Guardian
Ireland and Britain are on a collision course over asylum seekers, with Dublin vowing to send arrivals to Ireland back to the UK and London insisting it will not accept any.
A diplomatic row erupted on Sunday after the Taoiseach, Simon Harris, asked the justice minister, Helen McEntee, to bring proposals to cabinet next week to allow the return of inadmissible international protection applicants to the UK, amid concern that Rishi Sunak’s Rwanda plan was rerouting asylum seekers from Britain.
For full report, click here
UK will not accept return of asylum seekers from Ireland, Rishi Sunak says– The Guardian
Rishi Sunak has said the UK will not accept the return of asylum seekers from Ireland and dismissed the prospect of a deal with Dublin.
The Prime Minister doubled down on his Rwanda deportation plan and appeared to reject any deal with the Irish government, which is alarmed at asylum seekers entering the republic from Northern Ireland.
For full report, click here
Sunak: rise in asylum seekers in Ireland proves Rwanda plan ‘having impact’– The Guardian
An increase in asylum seekers heading to Ireland proves that the Conservative party’s Rwanda plan is working, Rishi Sunak has claimed.
In an interview with Sky News’ Trevor Phillips that will air on Sunday morning, the Prime Minister said the “deterrent is already having an impact because people are worried about coming here”.
For full report, click here
UK minister appears to mix up Rwanda and Congo on Question Time – The Guardian
The policing minister, Chris Philp, appeared to confuse the countries of Rwanda and the Democratic Republic of the Congo on BBC Question Time on Thursday.
When discussing the government policy of deporting asylum seekers to Rwanda, the MP for Croydon South responded to an audience member’s question during the BBC One programme by asking: “Rwanda is a different country of Congo, isn’t it?”.
For full report, click here
UK policy denying visas to children of care workers faces legal challenge – The Guardian
An organisation that supports migrant workers has launched a legal challenge against the government’s new policy to bar care workers from bringing children and partners to the UK, warning that it is “tearing families apart”.
According to Migrants at Work, care workers must choose between family life with their children and partners or getting a job as a health or social carer in the UK – they can no longer do both.
For full report, click here
Four arrested over small boat people smuggling Facebook ads – BBC News
Three men and a woman have been arrested following an investigation into people smuggling.
The National Crime Agency (NCA) arrested the four people, all Vietnamese nationals, on Monday as part of a joint UK-French investigation.
For full report, click here
CASE LAW
THE KING on the application of DM v SSHD and United Nations High Commissioner for Refugees [2024] EWHC 967 (Admin)
The High Court dismissed the remaining challenge regarding family reunion rules for child refugees, which exclude them from bringing their families to the UK. The court addressed the rationality of the Home Secretary’s decision-making process, particularly focusing on the exclusion of child refugees from the family reunion route since 2000.
Despite arguments asserting irrationality due to lack of evidence regarding potential harm and failure to review immigration rules for child refugees since 2015, the court upheld the Home Secretary’s discretion and decision-making process.
For full decision, click here
HOME OFFICE GUIDANCE AND DOCUMENTS POLICY UPDATES
Guidance: Register of licensed sponsors – workers has been updated on 1 May 2024. To view the updated guidance, click here
Guidance: Register of licensed sponsors – students has been updated on 1 May 2024. To view the updated guidance, clicks here
Guidance: India: country policy and information notes has been updated on 30 April 2024. To view the updated guidance, click here
Collection: Migration transparency data has been updated on 30 April 2024. To view the updated collection, click here
Guidance: Online immigration status (eVisa) has been updated on 30 April 2024. To view the updated guidance, click here
Guidance: Prove your English language abilities with a secure English language test (SELT) has been updated on 29 April 2024. To view updated guidance click here
Guidance: Returns preparation: caseworker guidance has been updated on 29th April 2024. To view updated guidance, click here
Guidance Rwanda: country policy and information notes has been updated on 29th April 2024. To view updated guidance, click here
Caseworker Guidance Inadmissibility – third country cases has been updated on 29th April 2024. To view updated guidance, click here
Guidance: Endorsing bodies – Innovator Founder and Scale-up visas has been updated on 26th April 2024. To view updated guidance, click here
Guidance: Immigration Rules archive: 10th April 2024 has been updated on 26th April 2024. To view the updated guidance, click here
Guidance: Immigration Rules archive: 11 March 2024 to 3 April 2024 has been updated on 26th April 2024. To view updated guidance, click here
STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK!
