12 July 2023
Criminality and Part 9 of the Immigration Rules: so-called “mandatory” refusal grounds will not always mandatorily result in refusal
On 1 December 2020, the Grounds for Refusal in Part 9 of the Immigration Rules were amended, providing the Home Office with wider scope to refuse permission applications and cancel existing permission. The grounds include stricter mandatory grounds of refusal which, when applicable, require that applications for permission “must be refused” or existing permission “must be cancelled.” But just how mandatory are they? A recent case of ours indicates the presence of a hidden discretion that was once explicit.
6 July 2023
Why the Illegal Migration Bill?
On 29 June the Court of Appeal found that the Government’s Rwanda policy to send some people seeking asylum in the UK to Rwanda for the processing of their claims to be unlawful. The reason for this decision was that the Court was not satisfied that asylum procedures in Rwanda are sufficiently robust for it to be considered a safe country to which to send asylum seekers. The Government has until 6 July to decide whether to appeal against the decision to the Supreme Court. In the meantime, the Illegal Migration Bill, which has been designed, among other purposes, to limit or prevent access to justice for asylum seekers on a fast track to Rwanda is nearing the end of its Parliamentary journey. With four ouster clauses in the Bill which seek to prevent judicial consideration of these kinds of asylum cases, questions still remain about access to justice more generally beyond the lawfulness of the Rwanda policy.
20 June 2023
Windrush Day – 22 June 2023
Thursday 22 June 2023, marks 75 years since HMT Empire Windrush docked in Tilbury, Essex in 1948.
19 June 2023
Dual citizenship and asylum claims: an increasingly common challenge
This blog post examines the issue of how having more than one citizenship impacts asylum claims in the UK.
5 June 2023
Home Office clarifies position for children born to EEA national parents
In an unusual example of speed and efficiency, the Home Office has responded to the recent High Court decision of Roehrig, which, as explained in my previous blog, threw into disarray the position of children born in the UK to an EEA national between 1 January 1983 and 1 October 2000 vis-a-vis their British citizenship. Positively, the Home Office has affirmed its intention to protect the British citizenship of those individuals the Roehrig decision affects by way of legislation – specifically, the British Nationality (Regularisation of Past Practice) Bill.
