Free Movement

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 referrals made in asylum cases where out of hours injunctions were sought Government Legal Department told by High Court to keep “rather basic point” in mind when advising on redactions Special Immigration Appeals Commission has the power to award costs in reviews Points based system (12:40) Statement of changes HC 590: salary thresholds increased, shortage occupation list gone Changes to work visa routes from 4 April 2024 and what it means for employers Detention (14:30) Court finds that the Home Office’s imposition of a GPS tag was unlawful for over a year in the first case of its kind Deportation (17:35) Can a stateless person be subject to deportation proceedings? EU Settlement Scheme (20:00) Akinsanya latest: guidance on Zambrano carers found to be unlawful, Appendix EU unaffected British Citizenship (22:10) Roehrig upheld by Court of Appeal: no changes for certain children of EU citizens not entitled to British citizenship Appellant keeps British nationality after Court of Appeal overturns dishonesty finding General immigration (24:40) More increases to application fees, including passports and Appendix FM

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 Appeal demolishes First-tier Tribunal in deportation appeal but upholds decision Rewarding failure: Home Secretary permitted to withdraw decision under appeal following failure to admit excluded evidence Home Secretary’s “shockingly poor” handling of case did not amount to contempt of court Judicial review no longer the appropriate remedy to challenge age assessments in Scotland Points based system (19:45) Migration Advisory Committee recommends 21 occupations for the new immigration salary list following rapid review Briefing: the immigration implications of a corporate transaction British citizenship (21:45) Court of Appeal rejects Shamima Begum’s appeal against the deprivation of her British citizenship Family immigration (26:05) Statement of changes HC 556: Home Office shuts Ukraine Family Scheme without notice (and details of the webinar mentioned are here: https://freemovement.org.uk/product/webinar-immigration-options-for-ukrainian-nationals-and-their-family-members/) How to apply for entry clearance for victims of transnational marriage abandonment Changes to the Destitute Domestic Violence Concession General (31:05) What you need to know before buying a property in the United Kingdom What are the UK’s inheritance tax rules? Updated (32:20) Applying for British citizenship by naturalisation How to apply for leave to remain as a victim of domestic violence What is the Immigration Health Surcharge and how much does it cost?

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 arguments in asylum claims based on gender-based violence CJEU: Women who are victims of gender-based violence can qualify for refugee status The Home Secretary’s unlawful secret policy to withhold leave to remain from victims of modern slavery Concessions for applicants to the Hong Kong BN(O) route who are on immigration bail or have withdrawn their asylum claim Points based system (11:48) High Court quashes Home Office decision to revoke another care home’s sponsor licence Care home operator loses ability to sponsor overseas workers after compliance failures More flexibility for business visitors from today Dates confirmed for changes to income thresholds for family and skilled worker visas Tax residence in the UK: when do people become liable for income and capital gains tax? Appendix Children: which routes does it apply to and what are the requirements? Detention (18:18) High Court grants bail to person detained under new Illegal Migration Act powers High Court quashes Home Office policy of delaying release of vulnerable detainees to get a second medical opinion Family immigration (23:00) How to avoid the minimum income requirement for partners under Appendix FM Webinar: Exceptional circumstances in family-based immigration applications EU Settlement Scheme (25:38) Changes to treatment of some late applications to the EU Settlement Scheme in new guidance Updated (27:45) Briefing: The duty to safeguard children in need and their families at section 17 of the Children Act 1989 What are the immigration rules for settled returning residents of the United Kingdom?

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? General immigration (22:34) Statement of changes HC 246: rules finally amended to provide for victims of transnational marriage abandonment Supreme Court dismisses appeals in validity and continuous residence case Government attack on families as minimum income requirement to rise to £38,700 What should UK employers make of the government’s five-point plan to reduce immigration? EU settlement scheme (31:45) Article 8 not automatically engaged by a refusal under the EU settlement scheme Home Office unaware of the extent to which ‘mystery’ stamp has been used to grant entry to UK in error Citizenship (34:55) Deprivation of British citizenship without advance notice is lawful, says Upper Tribunal Procedure (36:55) Court of Session agrees restricting judicial reviews of the Upper Tribunal is lawful Outstanding immigration tribunal appeals up 20% to 31,000 Court of Appeal: raising an entirely new issue in a determination for the first time is unfair Detention (40:32) Home Office criticised by High Court for “five very concerning features” of detention case Are safeguards from the harm caused by immigration detention working? Updated articles (43:16) What is the no recourse to public funds condition? Free Movement (44:00) New OISC Level 2 training course in immigration and asylum law now available to members

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 asylum appeal Immigration (16:10) Court of Appeal tells Home Office to reconsider “plainly wrong” decision on Turkish business person application 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 Solicitors Regulation Authority has questions to answer about their “warning” to immigration solicitors 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

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? 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?

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.

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 First-tier Tribunal finds that UN Agency is unable to provide protection and assistance to a severely disabled Palestinian child 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) Statement of changes HC 1780: restrictions on administrative review and expansion of Youth Mobility Scheme 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? What is the no recourse to public funds condition?

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? How to make a complaint to the Home Office

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 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 Tribunal must consider Home Office decisions in full even when not explicitly relied on by representative 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

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 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

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.

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 Court of Appeal re-affirms restrictive parameters of domestic violence provisions in immigration rules Exceptional circumstances in a spouse or partner visa application under Appendix FM How to apply for a Senior or Specialist Worker visa Reporting hybrid working patterns: new sponsor obligations Visit visa operations are “refreshingly well run”

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 All families matter: An inquiry into family migration Government Authorised Exchange: one visa, 40 options

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.

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

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

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 What is the duty of candour? 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

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:

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