All Articles: Home Office

Briefing: legal problems with the EU settled status automated residency checks

In this research piece, the Immigration Law Practitioners’ Association makes the case that the Home Office is subject to certain legal duties relating to the EU settled status automated data checks. These legal duties are: the public law duty to ...

1st February 2019 By

Probe of Home Office data sharing reveals plans for new migrant database

A new report from the independent immigration inspector shines new light on how enforcement officials get their hands on data about migrants from other government departments. David Bolt, the Independent Chief Inspector of Borders and Immigration, als ...

31st January 2019 By

Home Office disclosure failings: “out of the norm”?

An integral part of the procedure of suing for damages is disclosure.  Where Home Office disclosure is inadequate or incomplete, it is necessary to go on pressing for compliance with rule 31 of the Civil Procedure Rules and for specific disclosur ...

25th January 2019 By

“Computer says no”: facing up to the full implications of a digitised immigration system

In addition to the deluge of new Immigration Rules and legislation we faced in the May years, and now the looming Brexit iceberg, a major (if inevitable) change of recent times has been the digitisation of immigration applications. Unlike with Rules a ...

8th January 2019 By

Russian spies are allegedly trying to hack into the UK visa system

When Sergei and Yulia Skripal were near-fatally poisoned with Novichok in Salisbury in March 2018, suspicion immediately fell upon the Russian state. The British government released footage of the men said to be responsible and the aliases under which ...

28th December 2018 By

Death of Polish man facing deportation highlights unaccountable culture at the Home Office

Michal Netyks was convicted of a criminal offence and sentenced to a short period of imprisonment. On the day of his release, at which point he had packed his belongings, he was served with Home Office papers telling him he was to be deported and that ...

20th December 2018 By

Comment: Home Secretary’s DNA testing apology is meaningless if he can’t get his department under control

The Home Secretary has published the results of a review into DNA testing at the Home Office, apologising to migrants who were told that genetic testing was compulsory for certain family visas. Sajid Javid also announced a potentially wide-ranging rev ...

26th October 2018 By

Government “won’t have any idea” how many EU citizens lack immigration status after Brexit

The Home Office will have no idea how many EU residents are left undocumented by Brexit because it does not collect or release the necessary data, a leading immigration policy expert has warned. Madeleine Sumption said yesterday that the government ha ...

10th October 2018 By

Home Office asks immigration lawyers for Windrush “lessons learned” as Javid apologises to victims

Immigration lawyers are among the groups being asked by the Home Office to submit evidence about what caused the Windrush scandal and what would prevent a repeat. In a “lessons learned” call for evidence issued on 20 August, the departm ...

22nd August 2018 By

What happens if you mistakenly apply for British citizenship instead of indefinite leave to remain?

What happens when an American graduate, about to become eligible for indefinite leave to remain having lived lawfully in the UK for almost a decade, incorrectly thinks that he is eligible to apply for British citizenship and applies for that instead? ...

17th August 2018 By

Migrants detained indefinitely or made homeless by new immigration bail system

Homeless migrants are being kept in detention centres indefinitely because the Home Office is no longer finding them a place to live after release. The department’s refusal or inability to provide accommodation under a new immigration bail syst ...

23rd July 2018 By

Home Office unlawfully nullifies British citizenship in hundreds of cases

New figures from the Home Office show that hundreds of British citizens have unlawfully had their citizenship nullified since 2013. A Freedom of Information request by the author revealed that there were 262 decisions to nullify British citizenship be ...

18th July 2018 By

Comment: What is driving the Home Office fees increase?

When asked why the fees for visa applications are so expensive, the Home Office traditionally responds that the immigration system should be “funded by those who benefit from it”, in order to reduce taxpayer expense. This is a convenient p ...

2nd July 2018 By

Data protection damages for Iranian asylum seekers confirmed

What should the repercussions be if the Home Office accidentally splashes the personal details of asylum seekers all over the internet? If your answer is “compensation”, congratulations: you are at one with the Court of Appeal. The case is ...

27th June 2018 By

Comment: success of Syrian refugee resettlement shows that the Home Office can get it right

Nour Taleb runs the Sweety House, the latest popular Syrian business to open in Edinburgh. Mr Taleb fled Syria in 2012, arriving in the UK as a refugee under the government’s Syrian Vulnerable Persons Resettlement Scheme in 2016. A similar tale ...

21st June 2018 By

Home Office fails to carry out nearly half the immigration inspector’s recommendations

Almost half the recommendations made by the independent immigration inspector over the last three years have not been followed by the Home Office, the inspector’s annual report shows. David Bolt’s survey of the 2017/18 financial year says ...

14th June 2018 By

Home Secretary announces new “start-up” visa

With London Tech Week upon us, Sajid Javid today announced the introduction of a new “start-up” visa route for entrepreneurs looking to set up businesses in the UK. According to one part of the announcement, it will replace the Tier 1 (Gra ...

13th June 2018 By

How the Home Office used the NHS to refuse my client a visa

In October 2011 the Home Office amended the Immigration Rules to allow immigration applications to be refused where the NHS had notified the Secretary of State of an outstanding debt of £1,000 or more. In early 2017, this figure was reduced to £500 ...

4th June 2018 By

New details on help for the Windrush generation

The Home Office has announced a formal application process for victims of the Windrush scandal and other long-term residents to get documents proving their right to live in the UK. The “Windrush Scheme” will go live on 30 May, replacing a ...

24th May 2018 By

The limits of consent orders: agreement to consider something irrelevant has no effect

Ararso v Secretary of State for the Home Department [2018] EWCA Civ 845 is an unusual appeal about the extent to which the Home Office must take account of orders made in previous judicial review proceedings when deciding to re-detain someone. The Cou ...

10th May 2018 By

Legal aid would have prevented the Windrush scandal

As explained in our detailed piece on the plight of long-resident Commonwealth citizens, free legal advice used to be available for those making immigration applications. Before it was scrapped in April 2013, this legal help was available to the ̶ ...

17th April 2018 By

Windrush children: why Commonwealth citizens are being denied immigration status

Several cases have come to light in recent weeks and months of the treatment of Commonwealth citizens who arrived in the UK in the 1950s and 1960s. Unable to provide evidence of their right to reside in the UK, these legal immigrants are losing jobs, ...

13th April 2018 By

Unlawful delays by the Home Office: a line in the sand

Secretary of State for the Home Department v Said [2018] EWCA Civ 627 is about how long the Home Office can delay making an immigration decision before the applicants can successfully claim for damages under the Human Rights Act 1998. The Home Office ...

5th April 2018 By

Comment: are Home Office consent orders worth it?

A recent case shows that practitioners should beware the Home Office’s use of consent orders in judicial review claims, write Kim Renfrew and Naga Kandiah of MTC & Co. Solicitors. Our client SP is an asylum seeker of Sri Lankan origin. SP submit ...

23rd March 2018 By

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