Tag: Immigration

UPDATE: What’s happening with the Afghan relocation legal challenges?
Under legal pressure, the UK government has reversed its policy requiring at-risk Afghans seeking relocation to the UK to first obtain suitable accommodation. This post outlines the background and provides an overview of the current legal challenges afoot.

Audio: Expert panel event on asylum support rates in the cost of living crisis
Listen to an expert panel of human rights lawyers speaking at an in-person event on UK asylum support law, with a focus on support rates in the cost of living crisis, the Illegal Migration Act 2023 and future developments.

UK Supreme Court limits application of the public sector equality duty overseas
The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.

Asylum support rate increased after Home Secretary’s unlawful failings
Significant numbers of destitute asylum seekers are due to receive an increased rate of support after the Home Secretary’s approach to the support rate failed to track inflation and reflect the increased cost of living.

Court declines to order investigation into violent attack against asylum seekers in Glasgow hotel
No breaches of Article 3 of the ECHR where asylum seekers accommodated in a Glasgow hotel, staff and a police officer were subject to a violent attack by one of the residents.

Migrant victims of domestic violence fear losing everything because of hostile Home Office policies
While domestic abuse increases during the COVID-19 pandemic, inflexible and poorly applied Home Office policies are keeping migrant women in fear of accessing help and escaping violent and controlling relationships.

Systemic challenge to the imprisonment of immigration detainees fails
In late March 2020 the Home Office released some 300 immigration detainees to avoid the risk of spreading coronavirus. Hundreds more remain in detention and some are held on the prison estate. The fairness of imprisoning immigration detainees was tested in a recent, unsuccessful legal challenge.

Home Office to face negligence claim over visa document delays
A new decision by the Court of Appeal confirms that the Home Office may be held liable in negligence for unreasonable delays in providing visa documents and that the Upper Tribunal can award damages in such claims.

What the Upper Tribunal didn’t tell you about its new ‘e-decisions’🤫
A letter from HM Courts and Tribunal Service on behalf of the Upper Tribunal signals a shift to electronic service of its decisions, but doesn’t draw attention to shorter deadlines for appealing against them.

Free Q&A on recent EU children’s rights case in the Upper Tribunal
The Upper Tribunal has taken a significant step forward for the protection of the rights of undocumented EU children in the UK, in the reported case of MS (British citizenship; EEA appeals) Belgium [2019] UKUT 356 (IAC). Download my Q&A for LexisNexis here.