| Report condemns Life in the UK test as a “random selection of obscure facts” By CJ McKinney The Life in the UK test is a “random selection of obscure facts and subjective assertions” and needs urgent reform, a Lords committee has concluded. Most migrants have to sit the Life in the UK test when applying for settlement or citizenship. The 24-question, multiple-choice exam is designed to ensure that “people who are committing to become British citizens have knowledge of our values, history and culture” but even the Home Secretary has described it as a “pub quiz”. Immigration minister Kevin Foster told the Justice and Home Affairs Committee that his department plans an “in-depth review” of the test and will say more about this “over the next 12… More generous Youth Mobility visas for New Zealanders By CJ McKinney  People from New Zealand are in line for more generous Youth Mobility visas, the Home Office has announced. Kiwis will be eligible up to the age of 35 — rather than 30 for other nationalities — and be able to stay in the UK for three years rather than two. The same will apply for British people looking to go to New Zealand on a Working Holiday visa. The rules have not yet changed; “more information… will be provided next year”. Youth Mobility visas used to be straightforward, in the sense that the rules were the same for all eligible nationalities. More recently, there has been divergence, with Indian citizens… Do political beliefs need to be genuinely held to get asylum? By Iain Halliday  In SR (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 828, the Court of Appeal has considered whether an asylum seeker attending political demonstrations needs to be genuinely committed to the cause being promoted at the protest. Ultimately, genuine belief is relevant, but not decisive. This has previously been considered by the Upper Tribunal in KK and RS (Sur place activities, risk) Sri Lanka (CG) [2021] UKUT 130 (IAC) (see Laura’s write-up here). The Home Office’s attempt to appeal that decision was unsuccessful (see Deborah’s write-up here). Nothing in SR (Sri Lanka) overrules or modifies what was said in KK and RS. When is genuineness… Conditions at Napier Barracks improve but bedrooms still grim, inspectors find By CJ McKinney  Conditions at a notorious asylum accommodation centre in Kent have improved, a watchdog reports. The Independent Chief Inspector of Borders and Immigration, David Neal, said his team had “observed conditions at Napier Barracks that should have been in place over a year ago”. Inspectors were so appalled by their first visit to Napier in February/March 2021 that they rushed out an emergency report. This re-inspection took place in March 2022 and the report published yesterday. The main improvement on last time is the guarantee that people will spend no more than 90 days in the former military camp. Mr Neal describes this as “central to the improved atmosphere on the site”…. On this day 60 years ago, the first Commonwealth Immigrants Act came into effect By Colin Yeo  On 1 July 1962, sixty years ago today, the Commonwealth Immigrants Act 1962 came into effect. It is hard to overstate the importance of this landmark legislation. Aliens were already subject to a separate, full system of immigration control under the Aliens Restriction Acts 1914 and 1919 and the Aliens Orders made under them. For the first time, British subjects became subject to immigration control, preventing them from entering and residing in their country of nationality. The British subjects affected were mainly — but not exclusively — the racialised people of the Commonwealth. This was a matter of deliberate policy. Migration of white British subjects and indeed white Irish citizens… Free family visas: the entry clearance fee waiver policy By Sonia Lenegan  The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for free). This is important as the fees are set at a level that is prohibitive for many families. The waiver application form is here. The guidance has emerged following a concession that the existing policy was unlawful, and a lengthy delay in publishing a new one. What’s changed? In a nutshell: the Home Office’s position used to be that discretion to waive fees would be exercised in “exceptional circumstances only, such as civil war or natural disaster”. Now, the guidance emphasises that the test is… What is the difference between refugee status and humanitarian protection? By John Vassiliou  On the face of it, refugee status and humanitarian protection seem like two sides of the same coin. Both are a form of international protection granted to a person in need. They give most of the same rights to work, study and access benefits. But as we shall see, they are underpinned by very different legal frameworks, and refugee status is undoubtedly superior to a grant of humanitarian protection in several ways. In particular, refugee status can allow people to move towards permanent residence and citizenship in the UK much more quickly than humanitarian protection. When will refugee status be granted? The Home Office is the government department that assesses… Upper Tribunal reopens another Cart case By Colin Yeo  The headnote for PB (“Cart” judicial reviews: “new” grounds) Sri Lanka [2022] UKUT 154 (IAC) seems to bear little relation to the facts or the reasons in the case: The Supreme Court in Cart v the Upper Tribunal [2011] UKSC 28; [2011] Imm AR 704 did not intend a judicial review of a decision of the Upper Tribunal to refuse permission to appeal to be no more than a third or fourth opportunity to raise new grounds which do not allege errors of a “Robinson” obvious nature. Despite this gripe, which is nowhere stated in the actual decision, the Upper Tribunal did allow amendment of the grounds and then remitted… Detailed policy on differential treatment of refugees announced By Colin Yeo  The government has announced the details of its much-trailed policy of treating some refugees differently to others based on their mode of arrival in the United Kingdom. The Home Office refers to this as “differentiation” but the word “discrimination” is equally apposite. The changes are being made today because section 12 and other related sections of the Nationality and Borders Act 2022 come into force for asylum claims made on or after 28 June 2022. Some refugees will now receive what is being called “temporary refugee permission to stay” (as opposed to “refugee permission to stay”). Who gets the new temporary refugee permission? If a refugee is considered to fall into… Challenge to “deport first, appeal later” process rejected By Alex Schymyck  The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home Office to bring the claimant back to the UK to ensure he had an effective appeal. The case is R (Watson) (s. 94B process; s. 25 powers) v Secretary of State for the Home Department [2022] UKUT 156 (IAC). Brought back to contest deportation appeal Mr Watson’s case has a long procedural history. The Home Office began deportation proceedings in 2014 after he was convicted for drug offences. Officials used the power under section 94B of the Nationality, Immigration and Asylum Act 2002 to deport… When is the Nationality and Borders Act 2022 coming into force? By Free Movement  The Nationality and Borders Act 2022 was signed into law on 28 April 2022. But there is a difference between a law being “on the statute books” after being passed by Parliament and it actually being “in force”. As we explain below, some of the Act came into force on 28 April and some on 28 June. But it is not quite so simple as that. Some of the powers in the Act are to make regulations and the regulations are not yet made. And other provisions only come into effect for asylum claims made on or after 28 June, so they do not take immediate effect in existing asylum… Free Movement is recruiting for a new Editor By Colin Yeo  After five years with Free Movement, CJ McKinney is, sadly, moving on for a new job at the House of Commons Library. He started here as deputy editor in 2017 and was promoted to editor in 2021. His final day will be Friday 22 July. I’ll be putting together a proper appreciation of CJ and his huge contribution to this website and to the wider immigration law and policy community a bit later. It may involve charts. For now, though, the process begins of recruiting a replacement… The Free Movement website is highly influential in the immigration law community and the wider immigration policy space. We have over 3,000 members, over… What we’re reading this week By Phoebe Warren  A compilation of top content on UK immigration law and policy, updated weekly. Revealed: dozens of vulnerable asylum seekers have died in Home Office housing since 2020 – Observer, 25 JuneRwanda asylum policy: Is there an alternative to the UK’s plan? – Channel 4 News, 25 June Nine in 10 people refused asylum in 2020 free to remain in UK – Guardian, 22 June Windrush Day 2022: More legal support available for 93% of Windrush victims not yet compensated – Greater Manchester Immigration Aid Unit, 22 June Home Office head Matthew Rycroft tells select committee he’s unsure of whether people being deported to Rwanda had access to interpreters UK Home Office plans second flight to deport asylum seekers to Rwanda – Guardian, Tory rebels plot to sink Priti Patel’s Rwanda plan amid court delay fiasco – Sun, Home Office recruiting 40 social workers to its new asylum age assessment body – Community Care, Labour shortfall leading to ‘catastrophic’ food waste, UK farmers warn – Financial Times, A story of Home Office incompetence One Year After the Deadline: the EU Settlement Scheme – UK in a Changing Europe, Patel briefs Pannick: Home Secretary to be represented by two QCs in Rwanda challenge – A Lawyer Writes, 29 June Episode 10 – Gender-Based Violence – No Walls Podcast, Unqualified immigration director receives prison sentence after going on the run – Office of the Immigration Services Commissioner GOOD NEWS: it’s been confirmed that the COVID inquiry WILL look at the way government policies affected migrants during the pandemic Factsheet: Blueprint for Campsfield House immigration removal centre – Home Office, What it’s like to report on UK immigration and asylum… Topline: It’s like navigating a minefield – and it’s getting tougher GPS tagging as an immigration bail condition – what’s changed and why are we concerned? – Legal Action Group, |
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