Immigration News Weekly Roundup – 29 March 2024

 Immigration News Weekly Roundup – 29 March 2024

The UK experienced a record-breaking number of migrants crossing the English Channel in the first quarter of 2024. More than 4,600 people had arrived in small boats since the beginning of 2024, surpassing the previous highest number for the January-March period. This figure follows the staggering 29,437 individuals who made the perilous journey across the Channel throughout 2023.

The Legal Migration Minister has further endorsed this by acknowledging the nation’s generosity towards refugees from conflict zones like Ukraine, Afghanistan, and Syria.  

A report concerning issues with the government’s visa system for care workers has unfolded this week. The report unveils multiple failures, including the unauthorized granting of 275 certificates of sponsorship to a care home using falsified information. The report deemed the entire regime of allowing care homes to sponsor visas for overseas workers as “shocking” in its implementation, effectively creating “a system that invited large numbers of low-skilled workers to this country who are at risk from exploitation.”

Despite efforts to implement stricter scrutiny and checks on the issuance of Sponsor Licences to businesses, the revelations surrounding the care worker visa system raise serious concerns about the vulnerability of migrant workers and the integrity of the immigration system.

The Case law has seen the addition of two influential rulings that hold profound significance during the week.

The Court of Appeal in  LND1 & Ors, R (On the Application Of) v Secretary of State for the Home Department & Anor [2024] EWCA Civ 278  provided clarity on the eligibility criteria for Afghan nationals seeking relocation to the UK under the Afghan Relocations and Assistance Policy (ARAP). The court held that applicants must satisfy conditions 1 and 2, which relate to their relationship with a UK government department and their positive contribution to military or security objectives, respectively. Additionally, they must meet either condition 3 or 4. The court found that the lower court had erred in its interpretation of these conditions and quashed the eligibility decision, remitting it to the Ministry of Defence for reconsideration. While dismissing the appeal regarding inadequate reasoning, the court allowed the withdrawal of the Respondents’ cross-appeal concerning alleged unlawful delegation of decision-making by the Secretary of State.

In the case of DXK, R (On the Application Of) v The Secretary of State for the Home Department [2024] EWHC 579 (Admin), the High Court ruled that the Secretary of State acted unlawfully by failing to discharge the Public Sector Equality Duty in the treatment of pregnant and new mother asylum-seekers, specifically in the system for allocating asylum accommodation to these vulnerable individuals. The Judge identified seven factors exacerbating delays, including a lack of sanctions for non-compliant accommodation providers, lack of incentives for accommodating vulnerable individuals, and a failure to collect monitoring data, leaving the Secretary of State unaware of the problem’s extent. Consequently, the court declared the Defendant’s failures breached the Public Sector Equality Duty and issued a mandatory order requiring the implementation of a data monitoring system.

An important update has been reported regarding Solicitors Regulation Authority’s (SRA) efforts to uphold ethical standards within the immigration law sector.

An appeal was filed by a former immigration lawyer against his striking off from the roll of solicitors. This underscores the increased scrutiny being applied on immigration advisors by regulators to ensure ethical compliance within the profession. SS’s case, wherein he was caught on camera advising an undercover reporter on obtaining fraudulent evidence for a spousal visa application, exposed unethical practices that undermine the integrity of the visa application process.

As the legal profession grapples with such incidents, regulatory bodies are intensifying their efforts to maintain high standards of practice and hold errant practitioners accountable. This case serves as a stark reminder of the need for immigration advisors to adhere strictly to ethical norms and maintain the utmost professionalism while serving their clients, lest they face severe disciplinary consequences for compromising the principles of their noble calling.

HJT’s live online course, Compliance for Immigration Law Firms, comes in time to equip immigration advisors with the essential knowledge and skills to navigate the stringent compliance requirements set by the legal regulators for immigration practice.

This is a perfect opportunity for immigration advisors to refresh compliance expertise and position your firm for excellence in the upcoming audit season, safeguarding your practice from potential regulatory infractions. More information on the course here

Also, good news for those sitting their OISC Level 2 and Level 3 exams soon. HJT Training is scheduled with its live courses designed to prepare you for success in the OISC Level 2 and OISC Level 3 exams. More information on the OISC level 2 course here and for OISC level 3 Exam Revision, visit here

For more information on our other live sessions, visit here

For enquiries, contact us enquiries@hjt-training.co.uk or call 075441 64692.

For the full list of updates on media news, reported case law and Home Office Policy and other document updates, see below

IMMIGRATION NEWS

Say one thing, do another? The government’s record rise in net migration – BBC News

In 2022, the government issued almost 300,000 humanitarian visas. But last year the number was 102,000 – that’s just 7% of the 1.4 million visas issued.

The government has been consistent in its response when asked about the record levels of net migration.

Tom Pursglove MP, the Legal Migration Minister, commented: “We’ve seen incredible generosity in our country to people from Ukraine, people from Afghanistan, people from Syria, and other conflict zones. That is an important part of why we’ve seen the figures as they are.”

For full report, click here

 

How many people cross the Channel in small boats and how many claim asylum in the UK? – BBC News

New figures show a record number of migrants crossed the English Channel in the first three months of 2024.

At 26 March, more than 4,600 people had crossed the English Channel in small boats since the start of 2024. This is the highest number of arrivals between January and March in any year on record. In 2023 as a whole, 29,437 people came to the UK this way.

For full report, click here

Home Office tried to cover up my critical reports, says sacked border chief – The Guardian

The UK’s sacked chief borders inspector has said the Home Office routinely used a fact-checking process to try to “cover up” criticisms in his inspection reports.

David Neal was dismissed as the independent chief inspector of borders and immigration last month after leaking information about apparent security failures at London City airport. He also criticised the department for failing to publish 15 of his inspection reports while he was in post.

In an interview on Wednesday with BBC Radio 4’s Today programme, he said civil servants had tried to use the factual accuracy process to censor his reports.

For full report, click here.

Home Office granted 275 care worker certificates of sponsorship after ‘false’ application – The Guardian

A damning inspection report has found multiple failures in the Home Office’s system for awarding care worker visas, including 275 certificates of sponsorship granted to a care home without its knowledge and “using false information”.

The report found the whole regime of allowing care homes to sponsor visas to bring in workers from overseas was “shocking” in its implementation, and the net effect was “a system that invited large numbers of low-skilled workers to this country who are at risk from exploitation”.

For full report, click here

Nine more asylum seekers died in first half of 2023 than Home Office disclosed – The Guardian

Three times as many asylum seekers died during the first six months of last year than the Home Office disclosed in official information, it has emerged.

Earlier in March, the Guardian reported on a freedom of information (FoI) response from the Home Office to an organisation called The Civil Fleet, a news blog that focuses on support for refugee rescue and support missions across Europe. In that FoI response, the Home Office confirmed there had been five deaths in asylum seeker accommodation between January and June last year.

For full report, click here.

Rwanda trips by UK ministers and officials have already cost over £400,000 – The Guardian

Sending ministers and officials to Rwanda has cost the government more than £400,000 before a single deportation flight has taken off, figures show.

Ministers have spent a total of £413,541 on travel in the two years since the policy to send asylum seekers to Kigali started to be developed.

The total, calculated by the Labour party, is based on government transparency releases. It includes trips by senior government officials and a succession of ministers and home secretaries including James Cleverly Suella Braverman and Priti Patel.

For full report, click here

Former immigration lawyer appeals against SDT strike off over undercover sting – Law Gazette

A former solicitor caught in a media sting advising an undercover reporter how to make a visa application has appeared in court to appeal his strike-off.

Sheikh Asif Salam was an immigration solicitor and sole practitioner at Cheshire firm Salam & Co Solicitors. He was recorded covertly during a phone call and then in meetings advising an undercover journalist how to obtain fraudulent accountancy evidence for a spousal visa application. Extracts from the recordings were broadcast as part of a BBC Radio 4 programme. Salam was struck off by the Solicitors Disciplinary Tribunal in 2023 after he was found to have been dishonest. He was also ordered to pay the Solicitors Regulation Authority’s costs of £68,374.

For full report, click here

CASE LAW

LND1 & Ors, R (On the Application Of) v Secretary of State for the Home Department & Anor [2024] EWCA Civ 278

The Court of Appeal provided clarity on the interpretation of eligibility conditions for Afghan nationals seeking relocation to the UK under the Afghan Relocations and Assistance Policy (ARAP). It held that applicants must satisfy conditions 1 and 2, which pertain to their relationship with a UK government department and their positive contribution to military or security objectives, respectively, as well as either condition 3 or 4. The court found that the lower court erred in its interpretation and quashed the eligibility decision, remitting it to the Ministry of Defence for reconsideration. While the court dismissed the appeal regarding inadequate reasoning, the Respondents withdrew their cross-appeal related to alleged unlawful delegation of decision-making by the Secretary of State.

For full decision , click here

DXK, R (On the Application Of) v The Secretary of State for the Home Department [2024] EWHC 579 (Admin)

The High Court has found that the Secretary of State acted unlawfully in his treatment of pregnant and new mother asylum-seekers through a failure to discharge the Public Sector Equality Duty. This case, DXK, concerned a challenge to the lawfulness of the Secretary of State’s system of allocating asylum accommodation, as it relates to these vulnerable individuals.

Under the Secretary of State’s own guidance, pregnant and new mother asylum-seekers should, in most cases, be prioritized for dispersal from temporary “initial accommodation” to longer-term, self-contained “dispersal accommodation” more suitable for pregnancy and raising children. However, since the pandemic, single mothers with children under 3 have seen their waiting time in initial accommodation increase five-fold.

The Judge identified seven factors exacerbating delays, including a lack of sanctions for accommodation providers failing to comply with dispersal requests, lack of incentives for accommodating vulnerable individuals, and a failure to collect monitoring data, leaving the Secretary of State unaware of the extent of the problem. The Judge made a declaration that the Defendant’s failures breached the Public Sector Equality Duty and, importantly, made a mandatory order requiring the Defendant to implement a system of data monitoring, as the failure to do so since a previous case was a factor in favour of a mandatory order.

For full decision , click here

 

HOME OFFICE GUIDANCE & POLICY UPDATES

Guidance: Code of practice for landlords- avoiding unlawful discrimination when conducting ‘right to rent’ checks in the private rented residential sector:6 April 2022, has been updated on 27th March 2024. To view the updated Guidance, click here.

Guidance: India: tuberculosis test clinics for a UK visa has been updated on 27th March 2024. To view the updated Guidance, click here and here.

Caseworker Guidance: Permission to stay as a stateless person has been updated on 27th March 2024. To view the updated Guidance, click here.

Guidance China: Country Policy and Information Notes has been updated on 27th March 2024. To view the updated Guidance, click here and here .

Process Guidance: Recovery needs assessment for modern slavery has been updated on 27th March 2024. To view the updated Guidance, click here.

Caseworker Guidance: Code of conduct for interpreters has been updated on 25th March 2024. To view the Guidance, click here.

Windrush Scheme application form (UK) has been updated on 25th March 2024. To view the updated form, click here.

Guidance: Albania: Country Policy and Information Notes has been updated on 22nd March 2024. To view the Guidance, click here.

Guidance: Online immigration status (eVisa) has been updated on 21st March 2024. To view the updated Guidance, click here.

Transparency data: Ukraine Family Scheme, Ukraine Sponsorship Scheme (Homes for Ukraine) and Ukraine Extension Scheme has been updated on 24th March 2024. To view the updated data, click here.

Caseworker Guidance: Deporting foreign nationals on conducive grounds has been updated on 20th March 2024. To view the updated Guidance, click here.

Guidance: Revocation of a deportation order has been updated on 20th March 2024. To view the Guidance, click here.

STAY TUNED FOR MORE IMMIGRATION NEWS NEXT WEEK!

 

 

SIGN UP TO OUR NEWSLETTER!
Subscribe and receive updates of the happenings in the law & training events and £10 coupon!  
0

Your Cart