Immigration roundup: June 2024

Free Movement

Here is your June round up of Free Movement. In this episode Colin and Sonia discuss why the Illegal Migration Act should be repealed, an appalling decision on trafficking delays, a much better decision on section 3C leave, the raised standard of proof in asylum claims, one and a bit cases on challenging judicial behaviour, the latest care home revocation case and much much more. By popular (?) demand, we finish with a chat about the general election.

The 39 minute podcast follows the running order below:

Asylum (00:40)

Briefing: four problems in the UK asylum system and how to address them

Almost four year delay in deciding trafficking claim held to be lawful by High Court

The new, higher standard of proof doesn’t apply to human rights claims

Kent County Council cannot avoid its duty to find placements for unaccompanied asylum seeking children

Procedure (13:10)

Court of Appeal rejects claim that hearing was unfair because tribunal judge asked too many questions

Home Secretary’s failure to provide digital proof of status to those with section 3C leave held to be unlawful (and see here for an update from RAMFEL: https://www.ramfel.org.uk/news-and-blog/3c-leave-update-time-to-request-digital-proof-of-status)

High Court decides there is no oral permission hearing in Cart judicial reviews

Court of Session gives guidance on transferring judicial reviews to the Upper Tribunal

Points based system (18:40)

Another care home sponsor licence revocation successfully challenged in the High Court

Official evidence of English language test cheating will raise a case to answer, confirms Upper Tribunal

Policy (22:25)

Failure to implement Windrush recommendations held to be unlawful by High Court

Where are we now and what is the future of the Illegal Migration Act?

Updated articles (25:20)

Should refugees claim asylum in the first safe country they reach?

What is the difference between a “refugee” and an “asylum seeker”?

What is the refugee definition in international and UK law?

Can Ukrainians take refuge in the UK? Ukraine schemes and other routes

How does immigration and nationality law apply to adopted children?

How to apply for a Skilled Worker sponsor licence

General election 2024 (26:15)

What changes does a Labour government promise for business immigration?