Explorez tous les épisodes du podcast Free Movement
| Titre | Date | Durée | |
|---|---|---|---|
| Immigration roundup: August 2024 | 05 Sep 2024 | 00:42:54 | |
Barry joins Sonia again this month to look back at what happened in August. We cover the latest statistics on asylum, immigration and trafficking. There are a couple of cases relating to asylum family reunion, as well as a policy change for those separated during Operation Pitting. Other cases covered included deprivation of citizenship, an unsuccessful challenge to legal aid provision for young people and a successful challenge by Bail for Immigration Detainees in a freedom of information challenge. We also discuss updates on a couple of reports from the Solicitors Regulation Authority and the latest on what is happening with Tech Nation. The 43 minute podcast follows the running order below:
Asylum (00:55) Positive decisions by immigration authority remain very low in latest trafficking statistics Unsuccessful challenge to lack of legal aid for asylum interviews Appeal against grant of limited bail on Diego Garcia dismissed No discrimination found against Afghan man blocked from Ukraine schemes New country of origin information on children and young people from Sudan Home Office finally announces separated families route for Afghan evacuated families How to prepare suicide risk cases
General immigration (22:40) A step by step guide to applying for an eVisa Solicitors Regulation Authority publishes reviews of training records and asylum legal services
Family (29:15) Upper Tribunal says that article 8 rights of overseas family members must be considered
Work routes (33:25) A route of last resort: two years of the UK Expansion Worker visa The latest on Tech Nation and the Global Talent route
Nationality (35:40) Court of Appeal dismisses appeal against deprivation of citizenship
Updated (38:25) Leave to remain application date: how to calculate it and why it is important How to apply for a UK Ancestry visa How much does it cost to sponsor someone for a UK work visa? Briefing: what is leave outside the rules? Will I need Electronic Travel Authorisation to enter the UK? | |||
| Immigration roundup: July 2024 | 06 Aug 2024 | 00:53:28 | |
It's August and Colin is away on holiday so Sonia was joined by a very special guest, Barry O'Leary, for the July roundup. Sonia and Barry discussed the end of the Rwanda scheme and the resumed processing of asylum cases, things not to do when carrying out an asylum backlog clearance, and the latest pause on decision making. They also cover the many EU Settlement Scheme cases that came out in July, the Windrush Compensation Scheme, a very popular post on a case involving estoppel and passports, and much much more. The 53 minute podcast follows the running order below: Asylum (00:55) The Rwanda policy is in its death throes Asylum processing to resume as new regulations allow grants of leave to be made Lessons to be learned from the last asylum backlog clearance exercise Successful challenge by Masters student to asylum accommodation move Freedom of information request shows increase in multiple asylum interview invites for applicants Asylum Support Tribunal says it can consider lawfulness of Home Office withdrawal of asylum claims High Court finds trafficking decision unlawful for failure to consider all available evidence Policy on leave to remain for survivors of trafficking continues to cause confusion and distress
EU Settlement Scheme (17:30) Lengthy absences from the UK can still put EU settled status at risk EU Settlement Scheme: automatic extensions and potential curtailments Home Office policy on delaying consideration of EUSS applications held to be unlawful Court of Appeal finds breach of Withdrawal Agreement in “mystery” stamp case Court of Appeal resolves ambiguity about assumed dependency in EU Settlement Scheme Detention (28:07) Harmondsworth detention centre inspection report: “worst conditions” ever seen
Nationality (30:30) Briefing: a guide to applications to the Windrush Compensation Scheme High Court upholds refusal to register child as a British Citizen
Points Based System (38:30)
Procedure (41:42) eVisas: who is affected and what steps to take now First-tier Tribunal judge carried out “wholly inappropriate” cross-examination of appellant
Immigration (48:20) | |||
| Immigration roundup: November 2023 | 07 Dec 2023 | 00:37:31 | |
Our November roundup is here, where Colin and I cover the latest asylum and trafficking statistics, changes to the way late applications to the EUSS are treated, questions the SRA still hasn't answered, a couple of articles on Palestinians as well as quite a lot of case law. Policy (00:45) Assessing Braverman’s legacy as Home Secretary: Part Deux
Asylum (02:10) Briefing: four looming problems in the UK asylum system and how to address them Permission granted in challenge to rejection of Albanian asylum claim Returning a refugee to persecution must be a last resort India and Georgia to be added to the list of ‘safe’ countries Gaza: what is the UK doing to rescue British citizens and their family members? Damages claim for asylum delay dismissed by Court of Appeal Upper Tribunal failed to properly assess whether error of law was material in asylum appeal
Immigration (16:10) Deception case returned to the Upper Tribunal after material error of law made Making sense of sole responsibility for child visas in immigration law
Deportation (19:10) Court of Appeal says deportation of mother of British child not “unduly harsh”
Nationality (20:45) Court of Appeal dismisses appeal on interpretation of nationality law
Trafficking (21:55) Latest trafficking figures show benefit of change in Home Office policy The UK must improve labour market enforcement in order to tackle exploitation of workers Increasing numbers of sponsored migrant workers are being exploited in the UK
EU Settlement Scheme (26:05) Important changes to the way late EUSS applications are treated Court of Appeal dismisses government appeal on access to benefits for people with pre settled status
Procedure (28:38) How to become an OISC level 2 adviser Government should not routinely remove names of civil servants in judicial review disclosure Guidance in Begum on deprivation decisions is not restricted to national security cases Late evidence from the Home Office can be admitted in an appeal where the appellant was aware of it
Updated article (34:30) Briefing: Article 1D of the Refugee Convention and Palestinian refugees | |||
| Immigration update podcast, episode 59 | 21 Dec 2018 | 00:25:09 | |
Welcome to the November 2018 edition of the Free Movement immigration update podcast. This month we again take it from the top with the Supreme Court’s latest attempt to cut through the complexity of our immigration law before turning to a major High Court decision on trafficking. November also saw the Home Office roll out a new in-country application system, so we’ll discuss what we know about that so far. There’s then some Upper Tribunal case law on appeals, asylum and Article 3 to chew on, and we conclude on the now-infamous paragraph 322(5). If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 25-minute audio podcast follows the (non chronological) order of content below: Human rights Supreme Court decides meaning of “precarious immigration status” and “financially independent” Exceptional circumstances in a spouse or partner visa application under Appendix FM Trafficking Major court win for trafficking victims as subsistence payment cut is reversed Procedure The new UK in-country visa application system Family of four face removal for failing to tick box on visa application form Appeals law A “new matter” includes EU law arguments Upper Tribunal grants general permission to appeal to Afghan hijackers Asylum Immigration Rules on humanitarian protection conflict with EU law Home Office “too accepting” of dire asylum accommodation, immigration inspector finds Article 3 | |||
| Immigration update podcast, episode 58 | 21 Nov 2018 | 00:32:25 | |
Welcome to the October 2018 edition of the Free Movement immigration update podcast. We posted 40 articles on the blog last month, but are realistically limited in a podcast to discussing the most important ten or so. A Supreme Court judgment obviously qualifies, so we start with that one on how the best interests of children factor into removal decisions before turning to another case involving children, this time in the Upper Tribunal. There’s also a set of changes to the Immigration Rules to mug up on. Most of the rest of this month’s update is case law, of which the most significant case may be on Surinder Singh rights. There are a couple of asylum decisions to be aware of also, albeit on reasonably niche issues, as well as some new unlawful detention cases. We round off on two reported cases from the Upper Tribunal, one on trafficking and one on Article 8. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 32-minute audio podcast follows the (non chronological) order of content below: Children Supreme Court: bad behaviour by parent irrelevant to best interests of children Upper Tribunal tackles the law on the parent/child relationship Immigration Rules New statement of changes to the Immigration Rules: HC 1534 EU Courts foil Home Office attempt to hamstring Surinder Singh rights Detention Split Court of Appeal finds that asylum seekers were unlawfully detained Failure to carry out proper medical assessment makes detention unlawful Asylum Home Office CAN speak to your persecutor without asking you Court of Appeal says... | |||
| Immigration update podcast, episode 57 | 18 Oct 2018 | 00:33:03 | |
Welcome to the September 2018 edition of the Free Movement immigration update podcast. We tried something a bit different this month. CJ and I ran the podcast together in a more conversational style. To keep the length reasonable we’ve focussed in on fewer subjects but covered them in a bit more depth. Let us know if you think it is better or worse in comments, please! We’ll try again in the same style for the next couple of months and see how it goes. It was a new experience for us and we’d hope we’d improve with practice. We start by talking about deprivation of citizenship, before moving on to Brexit. There’s less case law to cover than usual, but a few interesting decisions and policy changes on asylum, deportation and human rights are worth reviewing. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 33-minute audio podcast follows the (non chronological) order of content below: Nationality Deprivation of citizenship justified by treasonous conduct finds Court of Appeal How can the Home Office tear up the British passport of a six-year-old boy born in Leeds? Brexit Brexit no deal: immigration and the status of EU and UK citizens Asylum Fellow church-goers can give “expert evidence” on an asylum seeker’s conversion to Christianity Stateless refugee family win right to have claims decided in UK Refugee children to be granted “Calais leave” Fixing refugee family reunion system not a Home Office priority, inspector says Deportation EU law can be used to challenge employment restrictions imposed during deportation proceedings | |||
| Immigration update podcast, episode 56 | 28 Sep 2018 | 00:24:58 | |
Welcome to the August 2018 edition of the Free Movement immigration update podcast. This month I start on two subjects I’ve always been interested in, refusals of visit visa applications and the power to deprive people of their British citizenship. Both came to public attention in August due to media coverage. From there we go to the more specialist realm of procedure, including some significant new guidance on awarding costs against the Home Office. Then I mention a few developments in human rights and EU law, including Brexit, before finishing on some interesting new judgments on human trafficking. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 25-minute audio podcast follows the (non chronological) order of content below: Visit visas What’s going on with UK visit visas? Visit visa refusals: appeal or judicial review? Citizenship How is the government using its increased powers to strip British people of their citizenship? Procedure New guidance on costs awards against the Home Office could transform immigration appeals Upper Tribunal should correct its money laundering warning to immigration solicitors Upper Tribunal’s error of law reasoning can very rarely be altered when a decision is re-made Human rights When does bad immigration advice affect a human rights appeal? Migrants need the right to work while fighting immigration cases How to apply for a UK spouse or partner visa What are the financial requirements for UK spouse and partner visas? EU law | |||
| Immigration update podcast, episode 55 | 11 Sep 2018 | 00:30:17 | |
Welcome to the July 2018 edition of the Free Movement immigration update podcast. This month I start by discussing some developments in nationality law, then cover the EU Settlement Scheme that is starting to take shape and currently being piloted. While we await Brexit, EU law still applies, so we cover a judgment on the Surinder Singh immigration route as well as changes to the EEU Regulations. Then some material on asylum and detention, before the usual procedural update. If you are a lawyer and would like to claim CPD (Continuing Professional Development) points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 80 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 30-minute audio podcast follows the (non chronological) order of content below: Nationality Home Office makes almost £100 million from children registering as British citizens Part of the British Nationality Act 1981 found incompatible with human rights law Home Office unlawfully nullifies British citizenship in hundreds of cases People can now be deprived of their British citizenship by email Brexit New statement of changes to the Immigration Rules: CM 9675 Campaigners publish legal analysis of EU Settlement Scheme How will Brexit affect Irish citizens in the UK? What the Brexit White Paper says about immigration EU law Court of Justice finds Surinder Singh applies to extended family members Changes to the EEA Regulations come into force on 24 July 2018 Asylum | |||
| Immigration update podcast, episode 54 | 03 Aug 2018 | 00:29:04 | |
Welcome to the June 2018 edition of the Free Movement immigration update podcast. I start this month with a whistle-stop tour of some of the latest changes to the Immigration Rules before highlighting a couple of procedural changes, including the end of special deadlines for the Home Office in judicial review cases. Then to Brexit, as the government published something approaching a plan on citizens’ rights, and then to some judgments around children and families. I then note some case law on trafficking, deportation and asylum before ending on a note of alarm on immigration bail accommodation. This month we published a lot of new or updated explainers on many of these topics, which I won’t attempt to summarise in the podcast but will flag up as we go through. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 25-minute audio podcast follows the (non chronological) order of content below: Immigration Rules New statement of changes to the Immigration Rules: HC1154 Procedure Tribunal belatedly ends Home Office exemption from judicial review time “rules” Immigration tribunal Practice Statements re-issued almost unchanged Leave to remain application date: how to calculate it and why it is important Brexit Settled status scheme slowly taking shape as ministers reveal new details How to apply for “settled status” for EU citizens (updated) Briefing: What are the barriers to British citizenship for EU nationals? Families Same-sex spouses should benefit from free movement rights, says CJEU | |||
| Immigration update podcast, episode 53 | 06 Jul 2018 | 00:32:44 | |
Welcome to the May 2018 edition of the Free Movement immigration update podcast. It was a bumper month for immigration and asylum law updates, with 61 posts published on Free Movement in May. I can’t possibly cover everything, but the highlights include an important High Court intervention on automatic detention and new judicial guidance on immigration bail. From there I move on to the latest case law from the Court of Justice of the European Union and then return to the UK for some developments on the now infamous Windrush cases. Then there are some new cases in the rather different areas of business and asylum and the usual dry but vital procedural changes. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 30-minute audio podcast follows the (non chronological) order of content below: Detention High Court throws spanner in the works of automatic detention policy New guidance for judges on granting immigration bail Luxembourg Entry bans don’t preclude residence card applications, says Court of Justice Can war criminals be expelled or excluded under EU law? It depends Jumping the gun in Dublin III cases Court of Justice to decide whether self-employed women have Saint Prix maternity rights Windrush New details on help for the Windrush generation An overlooked weapon in Windrush cases: judicial review Business Carriers’ liability: Ryanair challenges the Secretary of State – and loses | |||
| Immigration update podcast, episode 52 | 08 Jun 2018 | 00:39:57 | |
Welcome to the April 2018 edition of the Free Movement immigration update podcast. This was the month that the Windrush scandal came to a head, so I start by focusing on the fallout from that before looking at an issue that would otherwise have led this update: more law firms in serious trouble with the regulator over their conduct of litigation. It’s not just those representing migrants who the judges took to task, though: the Home Office has been strongly criticised by the Court of Appeal for its performance in court. Finally I run through some interesting and/or significant case law (“interesting” and “significant” not always being synonymous, sadly) in the fields of deportation and asylum before finishing on the nature of human rights appeals to the tribunal. The material is all drawn from the April blog posts on Free Movement. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 40 minute audio podcast follows the (non chronological) order of content below: Windrush fallout Legal aid would have prevented the Windrush scandal What the Home Office is (finally) doing for the Windrush generation Guest post: the fee for children to register as British is the next Windrush scandal Briefing: what is the hostile environment, where does it come from, who does it affect? Hamid cases Malik Law Chambers solicitors shut down by regulator Immigration solicitor strike-off appeal fails as more firms face misconduct investigations High Court’s denunciation of immigration lawyers will have a chilling effect Home Office litigation Court of Appeal to Home Office: go away Unlawful delays by the Home Office: a line in the sand Deportation ... | |||
| Immigration update podcast, episode 51 | 09 May 2018 | 00:19:07 | |
Welcome to the March 2018 edition of the Free Movement immigration update podcast. This month I start on the Brexit outlook for EU citizens before turning to several immigration law issues affecting children that came to light in March. The Upper Tribunal reported a fresh batch of decisions, a couple on its jurisdiction and some more on other procedural bits and pieces. I end on a couple of cases and developments in the area of business immigration. The material is all drawn from the March 2018 blog posts on Free Movement. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 20 minute audio podcast follows the (non chronological) order of content below: Brexit Brexit: settled status and citizens’ rights – what has been agreed? EU families to fall through Brexit cracks despite settled status agreement Children New guidance on family and private life applications: a harsher test for parents of British kids? “Powerful reasons” needed to remove a child from UK after seven years Challenging good character refusals in British citizenship applications Stateless child denied leave to remain Home Office has relapsed in treatment of refugee children, inspection finds Tribunal: jurisdiction Tribunal reclaims jurisdiction to review deprivation of citizenship discretion Tribunal slapped down on power to review trafficking decisions Tribunal: procedure | |||
| Interview: Giles Peaker on housing law blogging | 08 May 2018 | 00:22:15 | |
Housing solicitor Giles Peaker was an accomplished art historian before turning to the law at the age of 40, rising to become a partner at Anthony Gold within five years of qualification. He founded the Nearly Legal blog while still a paralegal. Initially a repository for reflections on becoming a lawyer, it is now the go-to source of commentary on housing law issues, described by Inside Housing as “a must-read for housing lawyers and the wider housing sector”. A former Chair of the Housing Law Practitioners Association, Giles was recently shortlisted in the housing category of the Legal Aid Lawyer of the Year awards. He is one of the prime movers behind a new bill on housing standards that is currently making its way through Parliament. In this podcast, Giles reflects on “the world’s dullest mid-life crisis”, his favourite posts on Nearly Legal and why so few other solicitors seem to blog compared to barristers. Press play or any of the links above to listen. This is the third in a monthly series of discussions with some of the UK’s leading legal bloggers, extracts from which are being added to the Free Movement training course Introduction to legal blogging. | |||
| Rwanda discussion and immigration roundup: October 2023 | 22 Nov 2023 | 00:39:56 | |
Our October immigration round up is here and we have also included discussion of the Supreme Court's decision in the Rwanda litigation. As well as that, Colin and Sonia covered everything from fishing to legal aid shortages via eSports, medico-legal reports, public funds and the shortage occupation list. We're still not entirely sure that either of us are pronouncing "refoulement" properly. Timestamps are below, the link to the quiz will be included when we post about this episode on Free Movement. Rwanda (00:58) Supreme Court finds Rwanda is not a safe country to which refugees can be removed Reflections on the Supreme Court's Rwanda judgment Blog news (10:15) Free Movement 2023 reader survey results
Asylum (12:55) Over half the people seeking asylum are now unable to access a legal aid lawyer Safe Passage report: the case for safe routes What is a medico-legal report? Medico-legal reports: how to instruct and common mistakes to avoid New asylum processes set up on disputed territory of Diego Garcia Court of Appeal gives guidance on sentencing for small boats prosecutions Fairness in safe third country removals: the Court of Appeal’s judgment in Asylum Aid’s case
Policy (25:35) Migration Advisory Committee recommends shortage occupation list is abolished
Immigration (28:54) The effect of the Nationality and Borders Act 2022 on the fishing industry Home Office concedes latest challenge to no recourse to public funds policy Do foreign gamers need a visa to play competitive eSports in the UK? TLScontact in unsuccessful challenge to new Home Office contract
Nationality (37:32) Court of Appeal upholds deprivation of citizenship decision
Updated articles (38:55) What are the 10 and 20 year rules on long residence? Briefing: what is the law on deporting foreign criminals and their human rights? | |||
| Immigration update podcast, episode 50 | 10 Apr 2018 | 00:29:12 | |
Welcome to the February 2018 edition of the Free Movement immigration update podcast. This month I look at some legal developments with Brexit and review no less than three Supreme Court decisions on immigration, nationality and detention. There have also been some case law on the Points Based System, which I look at alongside the worrying trend in Tier 2 visa applicants being turned away. There are a couple of new Court of Appeal and Upper Tribunal authorities touching on procedure that are worth being aware of, and a few other cases in a range of different areas, all important in their own way. The material is all drawn from the February 2018 blog posts on Free Movement. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 30 minute audio podcast follows the (non chronological) order of content below: Brexit What does the EU’s draft Brexit agreement say about citizens’ rights? Blocking Brexit: Article 50 in the Scottish Court of Session In the Supreme Court Do unrecognised adoptions confer EU free movement rights? Maybe… (SM (Algeria) v Entry Clearance Officer [2018] UKSC 9) Landmark Supreme Court decision overrules historic gender discrimination in British citizenship (Advocate General for Scotland v Romein [2018] UKSC 6) Home Office could not impose bail on migrant who cannot lawfully be detained (B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5) Points Based System High Court gives useful steer on the Resident Labour Market Test (R (Khan) v Secretary of State for the Home Department [2018] EWHC 105 (Admin... | |||
| Interview: Lucy Reed on family law blogging | 05 Apr 2018 | 00:23:16 | |
When I first started blogging I was really an oddity for being a lawyer that would effectively self-publish. People couldn’t quite work out why I was doing it and assumed that I was some sort of PR-hungry attention junkie. There were some people who thought that it was inappropriate for a lawyer to be doing this sort of thing at all. Someone in my former chambers made a complaint to the head of chambers because it was thought to be inappropriate. Rather too much like his wife’s Heat magazine. But that didn’t go very far and I’ve been blogging ever since. Lucy Reed has been writing about family law at Pink Tape (“a blog from the family bar”) since 2007. A barrister at St John’s Chambers, Lucy is one of a select few legal bloggers to come recommended by the Court of Appeal. Her work on public legal education extends beyond WordPress: she is the author of a book for litigants in person, The Family Court without a Lawyer, and has over 120,000 views on a series of accompanying YouTube videos. Lucy is also a strong advocate of transparency and openness in the family courts: along with colleagues from the Transparency Project, she has recently published another book on Transparency in the Family Courts: Publicity and Privacy in Practice. In this podcast, Lucy reflects on her experience of challenging misreporting in the media, the overlap between legal and journalistic skills and how to communicate complex ideas to different audiences. Press play or any of the links above to listen. This is the second in a monthly series of discussions with some of the UK’s leading legal bloggers, extracts from which are being added to the Free Movement training course Introduction to legal blogging. Coming up in May: Giles Peaker on housing law blogging. | |||
| Interview: Adam Wagner on human rights blogging | 05 Mar 2018 | 00:25:30 | |
Barrister Adam Wagner founded the widely acclaimed UK Human Rights Blog at 1 Crown Office Row in 2010. He went on to found RightsInfo, an online platform that aims to build knowledge and support for human rights, and now practises out of Doughty Street Chambers. Both initiatives speak to his talent as a communicator of, and advocate for, human rights law in the UK. In this podcast, Adam reflects on the reasons for his online success, how Twitter is now an effective platform for blogging in its own right and why CVs are a useless guide to a lawyer’s blogging potential. Press play or any of the links above to listen. This is the first in a monthly series of discussions with some of the UK’s leading legal bloggers, extracts from which are being added to the Free Movement training course Introduction to legal blogging. Coming up in April: Lucy Reed on family law blogging. | |||
| Immigration update podcast, episode 49 | 26 Feb 2018 | 00:27:56 | |
Welcome to the January 2018 edition of the Free Movement immigration update podcast. This month I start with a follow-up to the Immigration Rules changes covered last month and discuss the commencement of the immigration bail provisions of the Immigration Act 2016. I go on to look at the application process for “settled status”, the legal situation on appeal rights against refusals of visit visas, return to the UK for those subjected to out-of-country appeals and discuss several CJEU cases including two on Dublin III processes. I round off with some domestic cases including on trafficking damages, costs and the Points Based System. The material is all drawn from the January 2018 blog posts on Free Movement. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 25 minute audio podcast follows the (non chronological) order of content below: Major changes Big changes to continuous residence rule for ILR applicants New immigration bail and detention powers in force from 15 January How to apply for “settled status” and “temporary status”: a guessing game Appeal rights Court of Appeal stomps on human rights appeals for visitors Court of Appeal gets it badly wrong on out-of-country appeals EU asylum No psychological tests on gay asylum seekers, Court of Justice rules Court of Justice clarifies Dublin III transfer procedure Unaccompanied children and Dublin III: the latest instalment Other cases Internal relocation may not be “unduly harsh” on criminals | |||
| How immigration bail really works: scenes from Hatton Cross immigration tribunal | 13 Feb 2018 | 00:10:40 | |
Free Movement deputy editor Conor James McKinney has been exploring the day-to-day workings of the immigration tribunals. Above is a discussion with Emily Dugan of BuzzFeed News, a journalist with a long-standing interest in immigration and asylum issues whose latest report on the subject was published over the weekend. Below are CJ’s own impressions after a recent visit to the immigration bail list at Hatton Cross tribunal hearing centre. “I hate this place”, David says fervently. A barrister from a prestigious London chambers, his dream Thursday morning clearly does not involve pacing a charmless tribunal corridor in the middle of a west London industrial estate. But then nobody at Hatton Cross, from the judges on down, seems particularly delighted to be here. This hearing centre, hard by Heathrow airport, is one of the largest branches of the First-tier Tribunal (Immigration and Asylum Chamber) in the country. Hatton Cross — also known as Feltham — hears thousands of appeals against Home Office decisions every year. Among immigration lawyers, it is notorious for the bleakness of the setting and the harshness of its judges. Other visitors are even less complimentary. One visiting journalist wrote that the area “feels like somewhere where humans should not be. It’s like Worthing crossed with Bosnia. Grey, grotesquely scaled and administrative”. Frankly, I’m intrigued. 9.20am Perhaps because the reports led me to expect something a bit more JG Ballard, the tribunal building itself doesn’t seem all that bad. The Royal Courts of Justice it ain’t, but the bland exterior and functional interior are nothing out of the ordinary. This is, after all, a country in which the justice budget is in the process of being cut by 40% from one end of the decade to the other. I’ve decided to sit in on immigration bail hearings. These involve a tribunal judge deciding on applications for release from people locked up in what are officially called immigration removal centres, such as nearby Harmondsworth IRC. Most people seem to call them “detention” rather than “removal” centres, which is more accurate: only a minority of those released from detention are actually removed from the UK. A recent Bar Council report suggested that, as a result, “detention is an immigration control tool that is failing at considerable and unnecessary human cost”. Whatever the nomenclature, conditions in these places of imprisonment are grim. Successful bail applicants are by no means free — their substantive immigration case will grind on, and they will be subject to bail conditions designed to ensure that the Home... | |||
| Landmark Supreme Court decision overrules historic gender discrimination in British citizenship | 08 Feb 2018 | 00:14:54 | |
The Supreme Court has opened up British citizenship by double descent to all children born to British women in non-Commonwealth countries between 1949 and 1983. Delivering a judgment which makes no attempt to disguise his academic interests as a historian, Lord Sumption delivered a simple solution to a question of statutory interpretation that has been described as “impenetrable” by the leading authority on nationality law (with whom the Inner House agreed) and “paradoxical” by the Supreme Court. The case is Advocate General for Scotland v Romein [2018] UKSC 6. Historical gender discrimination British nationality law was from its inception until 1983 discriminatory towards women. Prior to 1983, British citizenship could only be passed to the next generation born abroad through the male line. This was remedied prospectively, but not retrospectively, by Parliament with the enactment of the British Nationality Act 1981 which commenced on 1 January 1983. It was not until 2003 that Parliament attempted to retrospectively tackle this historic gender discrimination by opening up the possibility of an application for registration as a British citizen under the newly inserted section 4C of the BNA 1981. Such an application for British citizenship by descent through the female line must now be dealt with on the assumption that the law had always provided for citizenship by descent from the mother on the same terms as it provided for citizenship by descent from the father. Between 1949 and 1983, children born outside the UK to British citizen fathers who were also born outside the UK (i.e. fathers who were British “by descent” only) could be registered at a British consulate within one year of their birth (or later subject to the Home Secretary’s discretion) to ensure the child’s acquisition of British citizenship under 5(1)(b) of the British Nationality Act 1948. This form of citizenship, passed from a second generation to a third generation, is sometimes known as citizenship by double descent. The gender discrimination in this scenario is clear. If the father was British by descent, consular registration of the child’s birth was possible, and citizenship would be transmitted to his child. If only the mother was British by descent, consular registration of the child’s birth, even if it were possible as a matter of fact, would have been of no effect, and it seems likely that the majority of British consular staff, acting entirely properly under the law as then drafted, would simply have refused to register the birth on the basis that the mother was not able to pass her citizenship on to her child. This was the case for the respondent, Ms Romein. Ms Romein’s case Ms Romein was born in 1978 in the USA. Her mother was a British citizen by descent, having been born in South Africa to a Welsh father and a Scottish mother. Ms Romein’s father was a US citizen. Had he been a British citizen as opposed to a US one, it would have been possible for Ms Romein’s birth to be registered at a British consulate within a year of her birth, and the fact of consular registration would have had the effect of automatically conferring British citizenship on Ms Romein. But consular registration for Ms Romein was (quite properly at the time) not permitted by consular staff, despite enquires having been made by her mother with the British High Commission, and Ms Romein was unable to acquire British citizenship. She would later become the only member of her immediate family other than her father not to have done so. In 2013, an application for registration under section 4C was made on Ms Romein’s behalf. It argued that, | |||
| Immigration update podcast, episode 48 | 02 Feb 2018 | 00:27:53 | |
Welcome to the December 2017 edition of the Free Movement immigration update podcast. This month I cover some changes to the Immigration Rules, the latest Brexit developments and a trio of decisions on deportation. I then mention two cases at the Court of Justice of the European Union – one judgment and one referral – before finishing on some of the other case law we covered on the blog in December, which includes an interesting Supreme Court decision on deprivation of citizenship. The material is all drawn from the December 2017 blog posts on Free Movement. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 25 minute audio podcast follows the (non chronological) order of content below: Immigration Rules New Statement of Changes to the Immigration Rules: HC309 Brexit Settled status and citizens’ rights – what has been agreed? How many EU citizens will be criminalised by Brexit? Deportation Home Office policy on EU rough sleepers found unlawful Basic procedural fairness applies even when removal windows used Home Office EU deportation decision overturned for ignoring EU law Court of Justice Self-employed EU citizens who fall out of work retain worker status Northern Ireland appeal case on “Chen parents” referred to EU court Other cases Supreme Court boost for people stripped of their British citizenship People accused of TOEIC cheating have in-country right of challenge | |||
| Immigration update podcast, episode 47 | 20 Dec 2017 | 00:25:03 | |
Welcome to the November 2017 edition of the Free Movement immigration update podcast. This month I cover a few bits of immigration news, several cases on detention and then run through some other case law. I end with a mention for some new explainer pieces we put together. The material is all drawn from the November 2017 blog posts on Free Movement. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 25 minute audio podcast follows the (non chronological) order of content below: News The “hostile environment” seeps into criminal trials: defendants must state nationality or face prison Asylum “lottery”: some hearing centres grant twice as many appeals Tier 1 (Exceptional Talent) visas doubled to 2,000 per year Detention High Court: potential homelessness not a justification for detention Aggravated damages for “distressing and traumatic” detention The Home Office continues to unlawfully impose curfews The Home Office is entitled to ignore a judge’s decision to grant bail Other cases Supreme Court rejects a right to non-contributory benefits for Zambrano carers Court of Appeal re-affirms country guidance cases are not box ticking Asylum age assessments: the Court of Appeal is not a tribunal Domestic violence cases can attract a right of appeal, says High Court | |||
| Immigration update podcast, episode 46 | 15 Dec 2017 | 00:26:37 | |
Welcome to the October 2017 edition of the Free Movement immigration update podcast. This month we look at a load of cases from Strasbourg, the Supreme Court, the Court of Appeal and of course the Upper Tribunal. These cases range from the sublime, including private religious worship, trafficking and torture, to the ridiculous. I end by taking a look at a couple of examples of media coverage of Home Office decisions and the harsh rules the coverage highlights. The material is all drawn from the October 2017 blog posts on Free Movement. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement Member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 25 minute audio podcast follows the (non chronological) order of content below: Cases Strasbourg approves deportation of Nigerian drug dealer Anti-trafficking victories in Supreme Court: Reyes and Benkharbouche Changes to National Referral Mechanism for trafficking victims Court of Appeal: private religious belief does not risk persecution High Court defeat for Home Office over torture policy Tier 2 sponsor licence revocation challenge fails in High Court Curtailment letters can be sent to an overseas address How not to serve a curtailment letter Upper Tribunal tackles “genuine entrepreneur” test Self-sufficiency, health insurance and welfare benefits: the case of AMS Explainers Immigration and nationality law following surrog... | |||
| Immigration update podcast, episode 45 | 13 Dec 2017 | 00:25:48 | |
Welcome to the September 2017 edition of the Free Movement immigration update podcast. This month covers several cases, one from the Court of Appeal and the others from the Upper Tribunal. I’m also going to give a mention to some of our new explainers on different aspects of immigration law and take a look at the case of Samim Bigzad, whose case highlighted the law on contempt of court for a government minister. The material is all drawn from the September 2017 blog posts on Free Movement. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 40 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free via iTunes here, Stitcher here or point your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement immigration update podcasts click here. The main content of the downloadable 25 minute audio podcast follows the (non chronological) order of content below: Cases Human rights, long residence and the integration test in the Court of Appeal Is “residence” the same as “presence” in the Immigration Rules? Immigration (EEA) Regulations 2006 continue to apply for appeals says tribunal Deception, causation and deprivation of British citizenship Further guidance from Upper Tribunal on withdrawal of immigration appeals Tribunal: Home Office must prove present risk to deport EU citizens Tribunal can (but won’t) hold Home Office in contempt for ignoring consent orders Explainers Explainer: Can the Home Secretary really be guilty of contempt of court for breach of a court order? Fee waiver policy: who qualifies and what does the Home Office policy say? Serge Aurier and visas for footballers after Brexit... | |||
| Exploitation and the seasonal agricultural workers scheme | 26 Oct 2023 | 00:40:34 | |
This week, The Bureau of Investigative Journalism published an article on the exploitation of people in the seasonal agricultural workers scheme. It is a must read, and you can find it here: https://www.thebureauinvestigates.com/stories/2023-10-22/all-that-is-missing-is-a-whip-home-office-ignored-migrant-worker-abuses-on-farms In this podcast, Jamila Duncan-Bosu of the Anti-Trafficking and Labour Exploitation Unit discusses how the scheme facilitates exploitation, the barriers to people raising complaints about their treatment, and what the government can and should be doing about it. | |||
| Immigration roundup: September 2023 | 16 Oct 2023 | 00:36:39 | |
Our September roundup is here, featuring the latest statement of changes and new parts of the Illegal Migration Act 2023 being brought into force. We also discuss the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines and have an impromptu book club. Timestamps are below, the link to the quiz will be included when we post about this episode on Free Movement. Policy (00:40) Home Office accounts show additional £3 billion unbudgeted asylum expenditure Will the Illegal Migration Act stop the Home Office raid on international aid funds? Theresa May even now doesn’t understand why the Windrush scandal happened India Free Trade Agreement: negotiators should prioritise time and cost ahead of more visas
Asylum (07:50) The Rwanda litigation: who is arguing what in the Supreme Court? LGBT+ people face persecution and are no less deserving of protection Age assessments: how to challenge a negative decision Home Office to start non-therapeutic scientific testing on children Safe routes for refugees: how does it work in Spain? Court of Appeal quashes conviction of person trafficked in the UK as a child
Detention (21:00) Illegal Migration Act 2023: expanded detention powers to be brought into force Brook House: racist, violent and dangerous
Immigration (27:50) Home Office redacts over a hundred sections of new report on insider threat to Border Force New immigration application fees from 4 October 2023 New illegal working fines will not stop Channel crossings but will bankrupt small businesses
Updated articles (35:00) How to apply for a UK spouse or partner visa Refugee family reunion: a user’s guide General grounds for refusal: criminal convictions, public good, character, conduct and associations Immigration rules for visitors to the United Kingdom What is the difference between refugee status and humanitarian protection? | |||
| Immigration roundup: August 2023 | 03 Oct 2023 | 00:36:36 | |
Here is our August roundup, and the first podcast with Sonia both leading and at the editing helm (eek!). This month we cover statistics, illegal working fines, asylum support, homeless refugees, adult dependent relatives and some EUSS updates. Following feedback from our reader survey, we have included timestamps below. We will also link directly to the quiz when we post on Free Movement about the podcast. Policy (01:00) Journalists perform a public service in exposing dodgy lawyers. But… Twitter, Musk’s X, Threads, social media and Free Movement Look closer: our summary of the latest Home Office statistics Tripling maximum illegal working fines for employers to £45k per worker is a terrible idea
Asylum (10:14) Home Office change in practice increases risk of homelessness for recognised refugees More delays, more refusals, no ‘bad faith’: the latest trafficking statistics What next for evacuated Sudanese nationals? Is the Home Office unlawfully treating asylum claims as withdrawn? High Court demands radical change to Home Office asylum support ‘Systematic and routine’ use of hotels for unaccompanied asylum-seeking children is unlawful
Family (26:00) Getting an adult dependent relative visa is hard but not impossible
EU (28:29) Who qualifies as a “durable partner” under the EU Settlement Scheme? Post-Brexit spouses aren’t protected by the Withdrawal Agreement, Court of Appeal confirms
Work routes (30:00) What is the immigration skills charge? How to apply for a religious work visa
Immigration (31:30) No Windrush compensation for man whose ILR lapsed while imprisoned abroad How do I become an OISC adviser? Updated articles (35:50) General grounds for refusal: alleged deception, false information and innocent mistakes How to apply for a UK Expansion Worker visa What are the financial requirements for UK spouse and partner visas? | |||
| Immigration roundup: July 2023 | 08 Sep 2023 | 00:35:42 | |
We are a bit behind the times this month, catching up from the summer. This time Sonia and I cover not one but two statements of changes, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a load of cases, including one from the Supreme Court on Palestinian refugees. Statement of changes Statement of changes HC 1496: asylum, EU Settlement Scheme, and restrictions on students Asylum The Illegal Migration Act 2023: what has changed? Briefing: why and how is the Home Office treating more asylum claims as “withdrawn”? What safe and legal routes are available for refugees to come to the United Kingdom? OISC OISC amends judicial review practice note to prevent advisers conducting litigation EU New law confirms British citizenship for children of EU citizens born in UK before 2 October 2000 How does absence from the UK work under the EU settlement scheme? A glitch or a feature? Systemic problems with digital proof of immigration status Immigration Massive increases to immigration fees announced Briefing: the rules on returning residents with indefinite leave to remain (ILR) Points Based System How to apply for a Global Business Mobility: Secondment Worker visa Cases Supreme Court finds exclusion of Palestinians from resettlement scheme not unlawful Asylum seekers don’t need ‘direct evidence’ they’re being covertly monitored ‘Minded to cancel’ process applies to dishonesty allegations at the UK border Airport detainee wrongly denied a solicitor in immigration interview Upper Tribunal reminds parties to identify the issues in an appeal High Court rejects challenge to EU Settlement Scheme dependency rules for children Upper Tribunal rules post-Brexit Zambrano appeals can continue Home Office withdraws objective evidence test for trafficking decisions | |||
| Immigration roundup: June 2023 | 14 Jul 2023 | 00:35:19 | |
This month Sonia and I discuss the Rwanda judgment (we're saving that to the end as our good news story), a couple of fairly lengthy immigration and asylum history blog posts I've been working on for a while, several asylum developments and also our Refugee Week content, some procedural updates, a bunch (carousel?) of cases and a few other things too. There's quite a lot to go over, so we're just highlighting some of it rather than going into much depth. The podcast follows the running order below. A short guide to the legal position and history of the Windrush generation A short history of refugees coming to Britain: from Huguenots to Ukrainians Data shows Ukrainians in the UK continue to face homelessness crisis Is Rishi Sunak’s “Stop The Boats” plan really working? Rwanda impact assessment looks hopelessly optimistic United Nations Refugee Agency identifies problems in asylum screening processes Briefing: the state of the UK asylum system What is the legal definition of a “refugee”? Should refugees claim asylum in the first safe country they reach? Preparing foreign language witness statements So-called mandatory grounds for refusal will not always be mandatory Briefing: the Seasonal Worker visa Reaction economy: the Home Office’s use of social media Will I need Electronic Travel Authorisation to enter the UK? Briefing: what is the Common Travel Area and how does it work? New country guidance on Democratic Republic of the Congo Scottish inquiry finds immigration detention centre death was avoidable Supreme Court finds golden visa scheme unlawful Trafficking victims wrongly denied financial support in lockdown Court declines to take legal guardianship of refugee children missing from hotels Court of Appeal finds Rwanda plan unlawful as Rwanda is not a safe third country | |||
| Immigration roundup: May 2023 | 05 Jun 2023 | 00:36:51 | |
This month Sonia and I start with the Big Free Movement News (spoiler: Sonia is joining the team as the new Editor) and then cover a bunch of visa news and updates, a load of case law and several policy developments.
If you are a lawyer and would like to prove to your regulator you are keeping yourself up to date, make sure you remember to take our monthly course and quiz.
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| Immigration roundup: April 2023 | 05 May 2023 | 00:36:40 | |
This month we talk more about the Illegal Migration Bill and its potential consequences, the right way to go about tackling the asylum backlog, Colin's suggestion of a new British Citizenship Act, the resumption of hostile environment bank account closures, we run through a load of cases and end by talking about some business immigration issues. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on Anchor, iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. The podcast follows the running order below. How does the Illegal Migration Bill breach the Refugee Convention? Illegal Migration Bill: helping force refugees into illegality and danger Could ‘safe and legal routes’ stop the boats? If the Illegal Migration Bill is unworkable, what can the government do instead? Amendments to the Illegal Migration Bill attack basic legal rights and processes Two ways to address the asylum backlog and improve access to justice It is time for a new British Citizenship Act for the post-Brexit era Home Office resume bank account closures High Court rejects challenge by Afghan families to hotel move High Court dismisses challenge to family reunion rules for refugee children Judicial Review and Courts Act 2022 ouster clause found effective Exceptional circumstances in a spouse or partner visa application under Appendix FM How to apply for a Senior or Specialist Worker visa | |||
| Immigration roundup: March 2023 | 21 Apr 2023 | 00:36:32 | |
For this month's roundup podcast, Sonia and I manage to rattle through a huge volume of updates in a mere 36 minutes. We cover a load of cases, some important asylum policy updates and then several developments in immigration law as well. We're sorry it is a little later than usual; the Easter holidays intervened. And I am sorry if you can hear scaffolders poles bouncing off the pavement outside the block of flats opposite my house... If you are a lawyer and would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. The 30-minute podcast follows the running order below. Permission granted on additional grounds in the Rwanda case in the Court of Appeal Court of Appeal emphasises absence of corroboration is not fatal in asylum cases Court of Appeal dismisses appeal against criminalising small boat arrivals Legal challenges against GPS tagging for people on immigration bail High Court considers how the loss of work may engage article 8 No recourse to public funds policy found unlawful (again) “High hurdle” for hotel accommodation challenges? Refusals of naturalisation on good character grounds can only be challenged by irrationality Amended data protection exemption for migrants declared unlawful UK spends one third of international aid budget on domestic asylum costs Are the new asylum questionnaires fit for purpose? Assisting with the new asylum questionnaires: OISC Level 1 caseworkers and volunteers Home Office publishes guidance on streamlined asylum processing for children Home Office’s approach to family reunion applications condemned by immigration inspector Borders Inspector “frustrated” by lack of action from Home Office New statement of changes to the Immigration Rules HC1160 Spring budget migration announcements New ‘Appendix Adult Dependent Relative’ to the immigration rules | |||
| Immigration roundup: June 2024 | 12 Jul 2024 | 00:39:04 | |
Here is your June round up of Free Movement. In this episode Colin and Sonia discuss why the Illegal Migration Act should be repealed, an appalling decision on trafficking delays, a much better decision on section 3C leave, the raised standard of proof in asylum claims, one and a bit cases on challenging judicial behaviour, the latest care home revocation case and much much more. By popular (?) demand, we finish with a chat about the general election. The 39 minute podcast follows the running order below: Asylum (00:40) Briefing: four problems in the UK asylum system and how to address them Almost four year delay in deciding trafficking claim held to be lawful by High Court The new, higher standard of proof doesn’t apply to human rights claims
Procedure (13:10) Home Secretary’s failure to provide digital proof of status to those with section 3C leave held to be unlawful (and see here for an update from RAMFEL: https://www.ramfel.org.uk/news-and-blog/3c-leave-update-time-to-request-digital-proof-of-status) High Court decides there is no oral permission hearing in Cart judicial reviews Court of Session gives guidance on transferring judicial reviews to the Upper Tribunal
Points based system (18:40) Another care home sponsor licence revocation successfully challenged in the High Court
Policy (22:25) Failure to implement Windrush recommendations held to be unlawful by High Court Where are we now and what is the future of the Illegal Migration Act?
Updated articles (25:20) Should refugees claim asylum in the first safe country they reach? What is the difference between a “refugee” and an “asylum seeker”? What is the refugee definition in international and UK law? Can Ukrainians take refuge in the UK? Ukraine schemes and other routes How does immigration and nationality law apply to adopted children? How to apply for a Skilled Worker sponsor licence
General election 2024 (26:15) What changes does a Labour government promise for business immigration? | |||
| Podcast special: the Illegal Migration Bill | 14 Mar 2023 | 01:01:01 | |
Colin Yeo and Sonia Lenegan discuss the Illegal Migration Bill. They talk through what is in it, what will it do, how is it intended to work, whether it is compatible with international law and what effects it might have in reality. | |||
| Immigration roundup: February 2023 | 12 Mar 2023 | 00:33:20 | |
This month Sonia and I talk a bit about denaturalisation generally and the case of Shamima Begum specifically, we cover the new streamlined asylum process and a few other asylum-related blog posts and then we run through a few cases. We manage to keep things a bit shorter than normal, but watch out for our coverage of the Illegal Migration Bill, which will be available separately. The 30-minute podcast follows the running order below. Denaturalisation Security tribunal finds Shamima Begum was trafficked but she loses anyway Book review: Stephanie DeGooyer’s Before Borders: A legal and literary history of naturalization Bad cases make bad law: the unintended consequences of denaturalising bad guys Deception and denaturalisation: seek and you shall find Asylum Latest asylum stats show the Home Office failing on all fronts New streamlined asylum process Does 10 year ‘temporary refugee protection’ status breach of the Refugee Convention? New policy: temporary permission to stay for victims of human trafficking Trafficking victims should get leave during their asylum claim Cases Immigration officers don’t have to corroborate your story No damages for unlawful no recourse to public funds policy Differential treatment of Ukrainian and Afghan applications justified on national security grounds Not all procedural errors need to be remitted says Upper Tribunal More bad news from the Upper Tribunal for extended family members of EU citizens | |||
| Immigration round up: January 2023 | 06 Feb 2023 | 00:48:46 | |
This month Sonia and I talk through various government policies all about being horrible to migrants. It's a seemingly inexhaustible vein. Indeed, there aren't many (any?) government immigration policies NOT about being horrible to migrants. We then move on to discuss a few different nationality law issues, including the mind-boggling case of Roehrig, which appears to have effectively denaturalised tens of thousands of British citizens at a stroke. Finally, we turn to some important but rather technical updates for the lawyers amongst you. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. Government policy The misguided allure of deterrence policy Adults at risk in immigration detention annual report scrapped after highlighting inadequacies (mention) High Court orders Home Secretary to immediately increase asylum support rates (mention) Is it time for the UK to change its stance on asylum seekers working? (mention) Operation Warm Welcome cools: over 9,000 Afghans still in temporary accommodation (mention - and update with new news on this) Legal aid for asylum seekers is broken Will in-country visa delays have long-term consequences for economic migration? (mention) A modest proposal for reforming the immigration system: shorten key immigration routes Nationality Revised guidance on section 4L British Nationality Act 1981: the Romein principle The reasonably foreseeable consequences of depriving someone of British citizenship High Court casts doubt on British citizenship of children of EU citizens For lawyers... “Upgrading” a visa application you have already made Permission needs to be properly sought for video link evidence from abroad Case disposed of in error after Secretary of State fails to comply with court directions Is Chikwamba still relevant? Durable partner rules dumbfound the Upper Tribunal Identifying litigation friends for vulnerable migrants | |||
| Immigration roundup: a look back at 2022 and ahead to 2023 | 06 Jan 2023 | 00:56:06 | |
Colin and Sonia take a look back at 2022 and ahead to 2023 as well as covering the immigration updates from December 2022. Looking back, they talk about small boat crossings, the Ukraine and Hong Kong schemes, the impact (or lack of) the Nationality and Borders Act 2022, the Rwanda judgment, the asylum backlog and the net migration figures. Looking to the future they cover Rishi Sunak's asylum plan, whether the Home Office can cope, the prospect of yet more legislation and the ideas for immigration restrictions on families, students and workers floated via The Times over the Christmas break. Finally, they cover several litigation developments for lawyers from December 2022 and end by discussing to big cases for EU citizens with pre settled status. Phew. Looking back and ahead Free Movement review of the year 2022 Rishi Sunak announces new new plan for asylum Has Sunak’s bank account closure plan killed off the Windrush Lessons Learned Review? High court rules Rwanda plan is lawful When will there be another Rwanda removal flight? Litigation Social media and the duty of candour in age assessment proceedings False imprisonment claimant punished for failing to negotiate Tribunal quarterly statistics: 54 week waiting time for asylum appeals and 26,000 cases outstanding Five million pound investment to increase the number of days tribunals operate EU citizens Win for Pre-Settled Status holders accessing benefits High Court finds EU Settlement Scheme breaches the Withdrawal Agreement | |||
| Immigration roundup: November 2022 | 09 Dec 2022 | 00:55:22 | |
This month, Colin and Sonia mainly talk about an avalanche of asylum related news, law and updates. It's not all asylum, though, there's also some blog posts to go over on Comprehensive Sickness Insurance, third party support in spouse applications, marriages in durable partner cases, the opening of the citizenship route for Chagossian descendants and a Solicitor Regulation Authority report on immigration lawyers. They end by discussing a couple of opinion pieces Colin published, on whether the Home Office should be abolished and whether strategic litigation does more harm than good. The blog posts covered include:
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| Immigration roundup: October 2022 | 07 Nov 2022 | 00:48:01 | |
Welcome to the October 2022 episode of the Free Movement immigration update podcast. This month, Colin and Sonia talk politics, asylum, the statement of changes to the immigration rules and case law. The episode is a bit longer than usual as there was a lot going on! Politics Braverman attacks modern slavery victims and student families Assessing Braverman’s legacy as Home Secretary How much influence does the media have over the hostile environment? Home Office hotels not fit to house unaccompanied child asylum seekers Indefinite leave to remain applications under Appendix FM: slow, expensive and inaccessible Asylum Why has the asylum success rate gone up so much in recent years? Are people crossing the Channel in small boats doing anything illegal? Putting small boat crossings in perspective Ukrainians in the UK face a homelessness crisis and the government needs to act now What’s happening in the Rwanda legal challenges? Statement of Changes New statement of changes to the Immigration Rules: HC 719 (Afghanistan, Ukraine, and victims of trafficking) Statement of Changes HC 719: Ukraine Extension Scheme Statement of Changes HC 719: Appendix EU and Appendix EU (Family Permit) Statement of Changes HC 719: Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery Case law Introducing proportionality assessments into marriage of convenience cases Lack of route for victims of transnational marriage abandonment is unlawful, High Court finds Home Office to review policy on timing of applications after single father’s right to work limbo Applicants from Afghanistan may not need to enrol biometrics at the time of an application Court of Appeal quash trafficking victim’s 2009 conviction | |||
| Immigration update podcast: September 2022 | 11 Oct 2022 | 00:30:47 | |
Welcome to the September 2022 episode of the Free Movement immigration update podcast. This month Colin is joined again by “immigration lawyer about town”, as she put it, Sonia Lenegan. She is in danger of becoming a co-presenter if she carries on like this... Amongst other things, they discuss Albanian asylum claims, age assessment, military conscription and asylum, Windrush and an important update to the guidance on good character in British citizenship applications. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. The 30-minute podcast follows the running order below. Asylum and human rightsGrand Chamber finds France breached the European Convention of Human Rights Why are so many Albanian asylum claims succeeding if the country is so “safe and prosperous”? New critique of Home Office country information on Albanian blood feuds Major European judgment on age assessment process Would Russian men fleeing conscription qualify as refugees? Amendments to the Windrush Compensation Other important stuffDependency under EU law: education as an essential living need Guidance update: good character in nationality applications Economic migrationHow to apply for a Temporary Work – Creative Worker visa Employers take note: all change for right to work checks from 1 October 2022 | |||
| What the hell's going on with immigration policy right now? | 07 Oct 2022 | 00:14:30 | |
Colin and Sonia have a short chat about what's going on with immigration and asylum policy right now. With Truss and No 10 saying one thing and Braverman and the Home Office saying something very different, what should we make of it all? Are we going to have more students or less? Encourage skilled workers or reduce net migration? Cut unskilled migration or expand the Seasonal Agricultural Workers Scheme? We thought we'd separate out a general discussion about politics and policy this month from the normal update, to try and keep the podcast short and snappy. We'll be back early next week with the normal update covering substantive legal developments from September 2022. | |||
| Immigration update podcast, episode 104 | 12 Sep 2022 | 00:41:30 | |
Welcome to episode 104 of the Free Movement immigration update podcast. This month Colin is joined by "immigration lawyer about town", as she puts it, Sonia Lenegan. Taking pity on Colin after his solo effort last month, Sonia is the legal and policy director at Rainbow Migration, a consultant solicitor at Saltworks and a volunteer at Asylos and the Unity Project. She previously worked at Hackney Law Centre and as the legal director at the Immigration Law Practitioners Association. Our discussion is a bit more free ranging than for past update episodes and we run to just over 40 minutes. We discuss the change of Home Secretary, the direction of government immigration policy, some changes in policy and new visas and go through the latest case law. Let us know in comments or by email what you think of the slightly different approach. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on Anchor, iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement podcasts click here. | |||
| Immigration update podcast, episode 103 | 12 Aug 2022 | 00:20:54 | |
Welcome to episode 103 of the Free Movement immigration update podcast. This month — the first in something like five years with no CJ McKinney — I’m starting with some material on asylum and trafficking then quickly going over a bit of immigration and nationality history and why it matters today, before moving onto various bits of Home Office news and then ending with a couple off items on deportation and foreign national offenders. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are well over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement podcasts click here. | |||
| Exploitation of overseas domestic workers | 24 Jun 2024 | 00:43:48 | |
In this podcast Sonia discusses Kalayaan's new report "12 years of modern slavery" with Avril Sharp, immigration lawyer and policy officer. The report looks at the history of the overseas domestic worker visa, and the harmful changes that have made. They also discuss the impact of the Nationality and Borders Act 2022, delays within the National Referral Mechanism system for identifying survivors of trafficking and modern slavery, the experiences of those within the system, similarities with other "tied" visa routes and changes that need to be made to protect domestic workers. | |||
| From Brexit to small boats: five dramatic years in UK immigration policy | 22 Jul 2022 | 00:44:36 | |
The immigration system has been through a lot since I started covering it for Free Movement five years ago. In September 2017, the UK was still in the two-year countdown to leaving the European Union, and there were even doubts about whether it would happen at all. The EU Settlement Scheme was still a twinkle in the Home Office's eye, and instead of the exciting post-Brexit points-based immigration system we had a boring old... points-based immigration system. But while the basic architecture of the visa system remains largely the same, lots of the details have changed. Gone are the Investor and Entrepreneur routes, while in have come a host of new or (more commonly) rebranded visas: Innovator, Graduate, Global Talent, High Potential and Seasonal Worker. The flagship Skilled Worker route is now much easier to recruit into than Tier 2 (General) ever was, and visa issuances to non-Europeans have soared. That's led to a recent narrative that immigration has actually risen since Brexit -- although as Peter William Walsh of the Migration Observatory points out, this theory is somewhat lacking in key epistemic features, such as being true. I spoke to Peter, Colin and business immigration guru Nichola Carter for a valedictory podcast looking back at the big themes and trends of the past five years in UK immigration, including Brexit, Windrush and Rwanda. | |||
| Immigration update podcast, episode 102 | 08 Jul 2022 | 00:29:37 | |
Welcome to episode 102 of the Free Movement immigration update podcast. This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications, and conclude with Rwanda. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. The downloadable 29-minute podcast follows the running order below. Timestamps indicate when a particular section begins. Borders ActWhen is the Nationality and Borders Act 2022 coming into force? Detailed policy on differential treatment of refugees announced Humanitarian protection is being downgraded from 28 June 2022 Human rights (7.50)New guidance on private life and family relationships Judge takes “points based system” a bit too literally Appendix FM (10.44)Free family visas: the entry clearance fee waiver policy Whether income is “lawfully derived” to be assessed case by case, Upper Tribunal holds Deportation (15.16)Supreme Court allows foreign criminal deportation case Foreign convictions in deportation appeals Challenge to “deport first, appeal later” process rejected Zambrano (23.08)No change to settlement rules for Zambrano carers despite Akinsanya judgment Rwanda (25.05)Home Office plans second flight to deport asylum seekers to Rwanda | |||
| CSI where am I: can EU citizens get compensation for Comprehensive Sickness Insurance? | 24 Jun 2022 | 00:32:18 | |
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| Immigration update podcast, episode 101 | 10 Jun 2022 | 00:26:31 | |
Welcome to episode 101 of the Free Movement immigration update podcast. This month we start with some great news on fees, then some updates on the new Borders Act before turning to Rwanda and asylum more broadly. We have a quick check-in on business immigration and end on the latest with detention and bail. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement podcasts click here. The downloadable 26-minute podcast follows the running order below. Timestamps indicate when a particular section begins. Fees Children can now apply for a waiver of citizenship fees Borders Act (5.20) New statement of changes to the Immigration Rules: HC 17 (Borders Act) When is the Nationality and Borders Act 2022 coming into force? New regs bring key bits of Borders Act into force on 28 June Rwanda (8.15) Committee examines human rights implications of Rwanda asylum agreement Immigration inspector orders rapid review of Rwanda policy Asylum (12.37) Useful case from Court of Justice of the European Union on Palestinian refugees Iraq country guidance on ID cards revised Upper Tribunal dives into the Refugee Convention exclusion clauses Business immigration (18.15) High Potential visa opens today Detention and bail (20.53) | |||
| Things are looking up for undocumented migrant children | 27 May 2022 | 00:30:58 | |
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| Immigration update podcast, episode 100 | 13 May 2022 | 00:28:46 | |
Welcome to episode 100 of the Free Movement immigration update podcast. This month we’ve got some pretty major asylum stuff to go over plus quite a few different topics, including compensation for unlawful removal, the unending saga of the English language tests, new immigration fees, changes to work visas, a big case from the Upper Tribunal on expert evidence and a rather unusual case in the Court of Appeal on deportation. If you would like to claim CPD points for reading the material and listening to this podcast, sign up here as a Free Movement member. There are now over 100 CPD hours of training materials available to members. You can find all the available courses here. If you listen to podcasts on your mobile phone, you can subscribe for free on iTunes, Spotify, Stitcher or by pointing your podcast player to the podcast feed for Free Movement. Using a mobile device and subscribing has the advantage that each new podcast can be automatically downloaded for listening to on the go. To access previous Free Movement podcasts click here. The downloadable 29-minute podcast follows the running order below. Timestamps indicate when a particular section begins. TOEIC Nothing wrong with official evidence of English language test cheating, Upper Tribunal holds Compensation (5.40) Afghan boy unlawfully removed from UK for 18 months can claim damages Fees (8.32) Immigration and nationality fees for 2022/23 Asylum (10.37) Is it legal to outsource the UK’s refugee responsibilities to Rwanda? Channel “pushbacks” policy abandoned Afghan judge to get visa decision before having to come out of hiding Points Based Immigration System (17.51) The new UK Expansion Worker visa doesn’t look like an improvement Raise minimum wage for social care workers rather than loosening visa rules, says MAC Experts (22.05) What are the duties of an expert witness in the immigration tribunal? Deportation (25.08) | |||