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Sinopsis

Updates and commentary on immigration and asylum law

Episodios

  • Immigration roundup: April 2024

    09/05/2024 Duración: 48min

    In the April roundup Colin and Sonia cover the new Rwanda Act and the process for sending a person to Rwanda, challenges to the use of the inadmissibility process, the government's response to the increase in arrivals of Vietnamese nationals and the Independent Chief Inspector of Borders and Immigration's report into deprivation of British Citizenship. We also look at cases including the man with indefinite leave to remain who has been prevented from returning to the UK for over 15 due to a Home Office error, a complex EU deportation decision, a case involving children separated from families during the evacuation of Kabul and many others. The 48 minute podcast follows the running order below: Asylum (00:20) Briefing: Safety of Rwanda Act – what happens now? How to get clients out of inadmissibility limbo and into the asylum system Upper Tribunal gives guidance on assessing well-founded fear under the Nationality and Borders Act Person with indefinite leave unable to return to the UK for over 15

  • Immigration roundup: March 2024

    15/04/2024 Duración: 32min

    In the March roundup, Sonia and Colin discuss the latest with Albanian cases as uncovered in the Independent Chief Inspector of Borders and Immigration's report on asylum casework. We cover articles looking at recent changes to the Ukraine schemes, as well as a reminder of the existence of Hamid cases and how to avoid being on the receiving end of a telling off from the High Court. We also recap the recent telling off that Swift J gave the government legal department, changes to work routes, costs in SIAC reviews, GPS tagging, deportation of stateless people and much more! The 32 minute podcast follows the running order below: Asylum (00:32) Asylum casework inspection report reveals mishandling of cases, secret ministerial directions How to effectively represent Albanian people seeking asylum in an increasingly difficult environment How the changes to the Ukraine Schemes will make it more difficult for Ukrainians to come to the UK – and why they should be cancelled   Procedural (08:40) Two Hamid re

  • Immigration roundup: February 2024

    07/03/2024 Duración: 33min

    Your February roundup is here as promised. Colin and Sonia discuss Shamima Begum's latest appeal, the pause on some asylum cases, a run of decisions involving poor conduct on the part of either the Tribunals or the Home Office, as well as corporate transactions, the sudden closure of the Ukraine Family scheme and much more. The 35 minute podcast follows the running order below. Asylum (00:25) Number of asylum refusals and homeless refugees skyrocket in latest statistics How the Nationality and Borders Act has criminalised those seeking safety in the UK Briefing: Can criminals be denied refugee status? Home Secretary confirms “pause” on processing asylum claims Trafficking (07:45) Deportation order exclusion in discretionary leave policy for victims of modern slavery found unlawful Risk of re-trafficking must be assessed before disqualification on public order grounds Procedure (10:55) Court of Appeal allows Iranian asylum appeal against “difficult to understand” First-tier Tribunal decision Court of

  • Immigration roundup: January 2024

    22/02/2024 Duración: 29min

    Colin and Sonia have rounded up January 2024. We cover the government's claims to have cleared the 'legacy' asylum backlog and look at the three backlogs that have replaced it. We also discuss the latest in an increasingly long list of cases in which the Home Office has behaved poorly. We also cover everything else from gender based asylum claims, to new rules for business visitors and care homes both losing and keeping their sponsor licences, as well as an interesting case on detention and the Illegal Migration Act. We conclude with an invite to former Independent Chief Inspector of Borders and Immigration and (hopefully not also former!) Free Movement podcast listener David Neal to join us on a future episode. Asylum (00:26) Reduction in asylum backlog achieved mainly through withdrawals and questionnaires The inadmissibility process and the three new asylum backlogs High Court reminder in age assessment challenge of the importance of providing papers on time Briefing: evidence and argument

  • Immigration roundup: December 2023

    09/01/2024 Duración: 45min

    In our December 2023 round up, Colin and Sonia discuss the latest developments with Home Office evictions and withdrawals, as well as the new Rwanda legislation. We also cover the government's five point plan to reduce net migration as well as the latest case law and Tribunal statistics. Asylum (01:00) What is in the Safety of Rwanda (Asylum and Immigration) Bill? “These guarantees already existed”: the UK’s new treaty with Rwanda Home Secretary must set out plan to eliminate use of hotels for lone refugee children Refugees can now claim Universal Credit without a biometric residence permit Asylum withdrawals guidance amended to halve time given to explain non-attendance at interview   Family immigration (19:03) Objective evidence must be considered when deciding “very significant obstacles” to integration In-country settlement applications for children and the different sole responsibility requirements What happens when relationships breakdown on the Hong Kong British National (Overseas) route?  

  • Immigration roundup: November 2023

    07/12/2023 Duración: 37min

    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) Latest statistics show huge increase in rejections of late EU settlement scheme applications, no evidence that Rwanda has impacted Channel crossings 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 asy

  • Rwanda discussion and immigration roundup: October 2023

    22/11/2023 Duración: 39min

    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) High Court success in challenge to move of highly vulnerable asylum seeker away from his support network  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?  Med

  • Exploitation and the seasonal agricultural workers scheme

    26/10/2023 Duración: 40min

    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

    16/10/2023 Duración: 36min

    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 childr

  • Immigration roundup: August 2023

    03/10/2023 Duración: 36min

    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 deman

  • Immigration roundup: July 2023

    08/09/2023 Duración: 35min

    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 1715: visa regime imposed on Dominica, Honduras, Namibia, Timor-Leste and Vanuatu 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 th

  • Immigration roundup: June 2023

    14/07/2023 Duración: 35min

    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 Last traces of Nationality and Borders Act 2022 erased with abandonment of “differentiated status” for refugees 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 scr

  • Immigration roundup: May 2023

    05/06/2023 Duración: 36min

    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.

  • Immigration roundup: April 2023

    05/05/2023 Duración: 36min

    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 th

  • Immigration roundup: March 2023

    21/04/2023 Duración: 36min

    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 cha

  • Podcast special: the Illegal Migration Bill

    14/03/2023 Duración: 01h01min

    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

    12/03/2023 Duración: 33min

    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 Tr

  • Immigration round up: January 2023

    06/02/2023 Duración: 48min

    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

  • Immigration roundup: a look back at 2022 and ahead to 2023

    06/01/2023 Duración: 56min

    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 ano

  • Immigration roundup: November 2022

    09/12/2022 Duración: 55min

    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: What are ‘short term holding facilities’ like the Manston refugee camp? Briefing: What is Article 1D of the Refugee Convention? How does the asylum ‘white list’ work and what does the government plan to change? Asylum backlog hits 150,000 and net migration hits 500,000 Understanding the Home Office’s problem with asylum decisions Appendix Settlement Protection: indefinite leave to

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