All Articles: Enforcement

What to do if the Home Office closes your current account

Measures requiring banks to check on the immigration status of existing account holders come into force today. To celebrate, the Home Office has published some brief guidance for those who, as “disqualified persons”, find their current acc ...

30th October 2017 By

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

The Home Office has revised its policy on the immigration “amnesty” for survivors of the Grenfell Tower fire. In short, the government was offering a grant (or extension) of 12 months leave to enter or remain, with access to public funds include ...

11th October 2017 By

Hostile environment: banks forced to check 70 million accounts

Banks and building societies are to carry out immigration checks on a reported 70 million bank accounts in accordance with the Immigration Act 2016, amending the Immigration Act 2014. The provision ordering this will come into force on 30 October 20 ...

26th September 2017 By

£48,000 damages awarded to torture survivor for injuries suffered during deportation attempt

Following a seven-day hearing in the High Court, Mr Felix Wamala, a Ugandan national, was awarded £48,000 in damages for the actions of private security guards contracted by the Home Office in seeking to remove him from the UK. This is the case of W ...

17th July 2017 By

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; secon ...

10th July 2017 By

Everything you need to know about the “hostile environment” for immigrants

What is the hostile environment? The “hostile environment” for migrants is a package of measures designed to make life so difficult for individuals without permission to remain that they will not seek to enter the UK to begin with or if a ...

29th May 2017 By

INTERPOL “wanted” alerts: using them as evidence and making them go away

This post discusses issues arising for asylum practitioners from INTERPOL “wanted person” notices. The key points are (i) you can find out, possibly quite quickly, if there is such a notice in place, which in the affirmative may help to establish ...

10th May 2017 By

Home Office belatedly issues guidance on Operation Nexus

Operation Nexus was officially launched in November 2012, a law enforcement initiative aimed at deporting more ‘high harm’ foreign nationals. It has been criticised on many occasions for its opacity, and the lack of any publicly available policies ...

24th April 2017 By

Student accused of ETS fraud found to have been unlawfully detained

In R (on the application of Iqbal) v Secretary of State for the Home Department [2017] EWHC 79 (Admin) the Secretary of State for the Home Department (SSHD) was found to have unlawfully detained a claimant whom they had alleged had fraudulently obtai ...

15th March 2017 By

Overstaying and applying for further leave: end of the 28 day grace period

A new set of requirements for overstayers who apply for leave to enter or remain in the UK was introduced late last year. In short, the 28 day grace period for overstayers was abolished and replaced with a very limited 14 day limit, but only where a ...

6th February 2017 By

NHS shares patient data of suspected immigration offenders with Home Office

‘Patient confidentiality is one of the most important pillars of medicine’, explains Dr Vivienne Nathanson, previously Head of Science and Ethics at the British Medical Association. Can patient information be shared without consent? The general pr ...

1st February 2017 By

Home Office fails to act on recommendations of family returns advisers

The Home Office has belatedly published the reports of the Independent Family Returns Panel for 2012 to 2014 and 2014 to 2016. Home Office responses have been published in parallel. Why the Home Office was withholding from publication for so long th ...

19th January 2017 By

“Remove first, appeal later” provisions in force from today: new guidance published

The power under the Immigration Act 2016 to certify any human rights appeal, not just deportation appeals, for “remove first, appeal later” treatment came into force today, 1 December 2016. For background see this earlier blog post: New co ...

1st December 2016 By

Removal Windows, Injunctions and Out of Country Appeals: The Acceleration of Enforced Removals

At the beginning of this month the Home Office brought into force new guidance on the suspension of removal directions for pending judicial reviews. There are two crucial changes to the policy: (1) At present, when a judicial review is brought within ...

21st November 2016 By

Immigration Offences: Trends in Legislation and Criminal and Civil Enforcement

Really interesting from Migration Observatory on trends in immigration criminal and civil penalty enforcement. It came out a few weeks ago but it has taken me until now to look at it properly (there’s a LOT going on at the moment!). From the key ...

17th November 2016 By

New commencement order introduces out of country human rights appeals and more

The end of immigration appeals from within the UK is nigh: section 63 of the Immigration Act 2016 is being brought into force from 1 December 2016 by the Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/ ...

1st November 2016 By

Inspection report on “hostile environment” finds hundreds wrongly denied services

The Chief Inspector of Borders and Immigration, David Bolt, has published five new inspection reports. The most interesting is on the “hostile environment”, specifically the powers to deny driving licences and bank accounts to migrants unl ...

14th October 2016 By

Home Office imposes illegal working fines of £14 million on small businesses in 3 month period

The Home Office has imposed fines on small businesses for employing illegal workers of over £14 million in just a three month period. The period covered is January to March 2016. The list of businesses targeted by officials appears to include mainly ...

6th September 2016 By

Prosecutions for telling the truth

In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] ...

26th July 2016 By

Which sections of the Immigration Act 2016 are in force with what effect?

The Immigration Act 2016 was signed by Her Majesty the Queen on 12 May 2016. Some sections of the Act came into effect immediately but most sections were dependent on being brought into force by commencement orders at the discretion of the Minister. W ...

14th July 2016 By

Home Office cancels 40% of scheduled removal flights, finds David Bolt

David Bolt, the Chief Inspector of Borders and Immigration, recently published a new report into the effectiveness of services that the Home Office outsources to private contractors, finding that inefficiency and lack of communication contribute to a ...

31st March 2016 By

No right to apply for permission to rent under “right to rent” scheme

The “right to rent” scheme and legislation refers to a mysterious “permission to rent” which can be granted by the Secretary of State, presumably to those who do not otherwise possess the right to rent. Section 21(3) of the Imm ...

11th March 2016 By

Indian student couple detained in dawn raid lose claim for unlawful detention

UPDATE 10/2/16: the judge has withdrawn the judgment. A married Indian couple detained in a dawn raid have lost their claim for unlawful detention. After successfully studying in the UK for some years, Ms Joshi’s latest application ran into ...

9th February 2016 By

Right to rent comes into force today

The Government’s “right to rent” scheme requiring landlords to conduct “papers, please” checks on the immigration status of tenants comes into force today, 1 February 2016. It is hard to think of a worse example of a dis ...

1st February 2016 By

Secretary of State removes appellant then claims appeal abandoned…

Well, this was a bit cheeky. A woman with an outstanding in-country immigration appeal was removed by the Home Office when she should not have been. The Home Office then argued that her appeal had to be treated as abandoned becuase of section 92(8) of ...

29th January 2016 By