Updates, commentary and advice on immigration and asylum law
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New Refugee Action report slams inadequate, creaking asylum support system

After more than a decade since Limbuela, and three years after Refugee Action, Home Office policy continues to drive asylum seekers into destitution. The Refugee Action report, Slipping Through the Cracks, candidly outlines these failings of the asylum support system. This is hardly the first time these sorts of flaws have been exposed. The whole report features real stories and quotes from the asylum seekers let down by the process, and is well worth a read. The first problem is the decrease in support level over time. Rates used to be set at 70% of mainstream benefits. This meagre level seems princely compared to the current non-emergency (“Section 95”) support…

12th July 2017 By Paul Erdunast

Independent Monitoring Board release critical report on charter flight removals

The Independent Monitoring Board (IMB) has published its annual review of the treatment of returnees during charter flights. It reported four headline concerns: firstly, that force and restraint had been used without due checks and for too long; secondly, that escorts employed by contractors were in charge of selecting which returnees may speak to the Chief Immigration Officer for advice on their legal rights during the flight, and that on one flight the advice itself was delegated to the escorts; thirdly that returnees were taken to Stansted Airport at night on certain flights; and finally that those who wished to use the toilet either on the coach or the aeroplane…

10th July 2017 By Paul Erdunast

What are the terms of the immigration “amnesty” for survivors of the Grenfell Tower disaster?

The Home Office this week published a new policy setting out the terms of a 12 month immigration “amnesty” for survivors of the Grenfell Tower fire. In short, the Government is offering a grant (or extension) of 12 months leave to enter or remain with access public funds included as well as the right to work. Applications must be made before 31 August 2017. There is no formal application form that must be used and no fee is payable, nor is the Immigration Health Surcharge. This policy is additional to the Government’s previous assurance that immigration checks will not be carried out on Grenfell Tower survivors, an assurance reiterated in…

7th July 2017 By Colin Yeo

Can a child stateless by “choice” be registered as a British citizen?

Under the British Nationality Act 1981, a child who is born in the UK and is (and always has been) stateless is entitled to register as a British citizen. See Schedule 2, Paragraph 3: 3 (1) A person born in the United Kingdom or a British overseas territory after commencement shall be entitled, on an application for his registration under this paragraph, to be so registered if the following requirements are satisfied in his case, namely— (a) that he is and always has been stateless; and (b) that on the date of the application he was under the age of twenty-two; and (c) that he was in the United Kingdom…

6th July 2017 By Nick Nason

Guidance issued on renewal applications following non-admittance by the Upper Tribunal

The case of KM (Bangladesh) v Secretary of State for the Home Department [2017] EWCA Civ 437 (21 June 2017) raises an interesting, if niche, procedural point. The case is relevant to parties who have had an appeal dismissed by the Upper Tribunal (UT); who wish to challenge the findings of the UT on a point of law; but who miss the deadline to make the application for permission to appeal against the determination to the Court of Appeal so that the application is not admitted; and wish to renew their applications directly to the Court of Appeal In this case the Court of Appeal gives guidance on how and…

4th July 2017 By Nick Nason

Job advert: Deputy Editor for Free Movement website

Closing date: 31 July 2017 5pm The Free Movement website has gone from strength to strength over the last 12 months. Readership has increased massively, to an average of over 300,000 page views per month. Ebook sales are going well and membership has gone up by 20% to 1,200 active members. Innovative fixed cost online legal services are now provided to members of the public via a partner, Seraphus Solicitors. The day to day management demands of Free Movement have also increased. There is now a small team of writers and an administrative assistant to co-ordinate. In order to focus more on writing and my other work, I am seeking…

3rd July 2017 By Colin Yeo
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