https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blogKohanaPHPRebecca Niblockhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/increased-funding-for-interpols-ccf-will-it-solve-the-delay-crisisMon, 20 Jan 2025 00:00:00 +0000A recent update on INTERPOL’s website is unlikely to raise eyebrows. The Commission for the Control of INTERPOL’s Files (CCF) has acknowledged that it has been experiencing delays in meeting its deadlines due to an increased workload, both within the Commission and among other INTERPOL stakeholders. This will be all too familiar to those targeted by red notices and their representatives. Resourcing issues and delays have long plagued the CCF, despite operational rules requiring decisions on disclosure requests within four months and deletion requests within nine months.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/increased-funding-for-interpols-ccf-will-it-solve-the-delay-crisisRebecca Niblockhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/interpol-launches-silver-notices-a-game-changer-for-asset-recoveryTue, 14 Jan 2025 00:00:00 +0000On 10 January, INTERPOL made history by issuing its first ever Silver Notice, a new tool designed to trace and recover criminal assets. The inaugural notice, requested by Italy, focuses on identifying assets linked to a senior mafia member, showcasing its potential to strike at the heart of criminal networks.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/interpol-launches-silver-notices-a-game-changer-for-asset-recoveryGlafkos Tombolishttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/national-security-and-investment-act-annual-report-2023-24-what-have-we-learnedWed, 16 Oct 2024 00:00:00 +0100The UK Government recently published its third annual report on the enforcement of the National Security and Investment Act 2021 (NSIA), which covers the period from 1 April 2023 to 31 March 2024.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/national-security-and-investment-act-annual-report-2023-24-what-have-we-learnedOliver Oldman and Chloe Jacothttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/ch-ch-changes-whats-in-store-for-immigration-and-asylum-law-under-the-new-labour-governmentFri, 12 Jul 2024 00:00:00 +0100Whether this truly was an “immigration election”, as Nigel Farage claimed it to be, the subject was certainly high on the political agenda, with each party listing immigration as a key issue in their manifestos and both Labour and the Conservatives pledging to bring down net migration and tackle so-called “illegal migration.”https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/ch-ch-changes-whats-in-store-for-immigration-and-asylum-law-under-the-new-labour-governmentLavanya Loganathan and Oliver Oldmanhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/are-personal-details-in-asylum-claims-kept-confidential-protecting-the-privacy-of-asylum-seekers-and-safeguarding-confidentialityMon, 10 Jun 2024 00:00:00 +0100Asylum seekers often find themselves in a vulnerable position, sharing sensitive and confidential information with the Home Office to support their asylum claims. Their cooperation is required to substantiate their claim and they rely on the understanding that this information will remain confidential and, most crucially, will not be shared with the authorities of their country of nationality.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/are-personal-details-in-asylum-claims-kept-confidential-protecting-the-privacy-of-asylum-seekers-and-safeguarding-confidentialityTom Surr and Rebecca Niblockhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/part-2-still-a-special-relationship-the-forum-bar-and-the-development-of-the-extradition-relationship-between-the-uk-and-the-usaFri, 09 Feb 2024 00:00:00 +0000This blog is part two of a two-part blog series. In part one we discussed the forum bar to extradition and the relevant case law of extradition proceedings, following a request from the USA to the UK, in which the forum bar has been successfully argued.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/part-2-still-a-special-relationship-the-forum-bar-and-the-development-of-the-extradition-relationship-between-the-uk-and-the-usaTom Surrhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/still-a-special-relationship-the-forum-bar-and-the-development-of-the-extradition-relationship-between-the-uk-and-the-usa-a-two-part-blog-seriesWed, 31 Jan 2024 00:00:00 +0000This blog is part one of a two-part blog series. In this blog we discuss the ‘forum bar’ to extradition and the relevant case law of extradition proceedings, following a request from the USA to the UK, in which the forum bar has been successfully argued.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/still-a-special-relationship-the-forum-bar-and-the-development-of-the-extradition-relationship-between-the-uk-and-the-usa-a-two-part-blog-seriesRebecca Niblockhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/red-notice-roulette-the-crime-of-gambling-in-chinaMon, 29 Jan 2024 00:00:00 +0000China is one of the few countries in the world that criminalises gambling, and a recent crackdown on gambling activities by the Chinese authorities has resulted in an increased number of Red Notices and other INTERPOL alerts being issued for gambling offences.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/red-notice-roulette-the-crime-of-gambling-in-chinaKatie Newburyhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/rwanda-policy-held-unlawful-but-the-government-vows-to-fight-backTue, 28 Nov 2023 00:00:00 +0000On 15 November 2023, the UK Supreme Court unanimously found the Secretary of State’s Rwanda Policy to be unlawful, upholding the Court of Appeal’s judgement. The Supreme Court decided that Rwanda was not a safe third-country for asylum seekers, and that there is a real risk that the principle of “non-refoulement” will not be respected there. Non-refoulement means that asylum seekers should not returned to a country where their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group or political opinion.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/rwanda-policy-held-unlawful-but-the-government-vows-to-fight-backOliver Oldmanhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/the-home-offices-new-detention-powers-under-the-illegal-migration-actTue, 24 Oct 2023 00:00:00 +0100The Illegal Migration Act 2023 (“IMA”) became law on 20 July 2023. However, the majority of its provisions are yet to be brought into force.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/the-home-offices-new-detention-powers-under-the-illegal-migration-actCriminal Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/extradition-to-the-uk-blockedMon, 09 Oct 2023 00:00:00 +0100A European court recently blocked the extradition of an alleged drug dealer due to concerns over the protection of his human rights in the requesting state. Perhaps not an unusual decision at first glance. But what makes this case stand out is that the requesting state was the United Kingdom.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/extradition-to-the-uk-blockedRebecca Niblock and Elspeth Guildhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/the-tca-the-echr-and-the-illegal-migration-actWed, 26 Jul 2023 00:00:00 +0100While the Illegal Migration Act 2023 received royal assent on 20 July, it was not accompanied by a declaration under the Human Rights Act 2003 that its provisions are compatible with the European Convention on Human Rights (‘the ECHR’), but with an “ECHR memorandum” stating that the government was of the view that Convention rights were not infringed. Nonetheless, the Prime Minister has acknowledged that the provisions “[push] the boundaries of what is legally possible while staying within the ECHR” and that the government would be “willing to reconsider whether being part of the ECHR is in the UK’s long-term interests”.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/the-tca-the-echr-and-the-illegal-migration-actOliver Oldman and Katie Newburyhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/criminality-and-part-9-of-the-immigration-rules-so-called-mandatory-refusal-grounds-will-not-always-mandatorily-result-in-refusalWed, 12 Jul 2023 00:00:00 +0100On 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.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/criminality-and-part-9-of-the-immigration-rules-so-called-mandatory-refusal-grounds-will-not-always-mandatorily-result-in-refusalCriminal Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/interpol-new-voice-in-responsible-ai-innovationTue, 11 Jul 2023 00:00:00 +0100In October 2022, INTERPOL announced the creation of its Metaverse “twin” – a virtual Headquarters that would, as a first step, serve as an immersive training space for law enforcement professionals. Almost 10 months later INTERPOL and the United Nations Interregional Crime and Justice Research Institute (UNICRI) unveiled their joint “Toolkit for Responsible AI Innovation in Law Enforcement” (the “Toolkit”), a guide for law enforcement professionals worldwide on developing and using AI responsibly.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/interpol-new-voice-in-responsible-ai-innovationElspeth Guildhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/why-the-illegal-migration-billThu, 06 Jul 2023 00:00:00 +0100On 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.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/why-the-illegal-migration-billCriminal Law Teamhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/virtual-policing-into-the-metaverseTue, 04 Jul 2023 00:00:00 +0100We explore what INTERPOL’s digital metaverse twin means in the rapidly changing virtual landscape.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/virtual-policing-into-the-metaverseOliver Oldmanhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/dual-citizenship-and-asylum-claims-an-increasingly-common-challengeMon, 19 Jun 2023 00:00:00 +0100This blog post examines the issue of how having more than one citizenship impacts asylum claims in the UK.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/dual-citizenship-and-asylum-claims-an-increasingly-common-challengeOliver Oldmanhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/the-new-standard-of-proof-in-asylum-claims-a-major-step-backwards-for-lgbtqi-asylum-seekersMon, 13 Jun 2022 00:00:00 +0100The imminent change to the standard of proof in asylum claims risks imposing unreasonable expectations on LGBTQI+ asylum seekers and will make it more difficult for them to demonstrate their entitlement to refugee status.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/the-new-standard-of-proof-in-asylum-claims-a-major-step-backwards-for-lgbtqi-asylum-seekersRebecca Niblockhttps://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/national-security-and-investment-act-2021-an-expansive-approach-to-liabilityWed, 13 Apr 2022 00:00:00 +0100Whilst it is anticipated that prosecutions under the National Security and Investment Act 2021 (‘the Act’) will be exceptionally rare, the criminal sanctions set out in it are explicitly framed to create a “sufficiently robust deterrent to ensure compliance.” The provisions punish corporates and individual officers who connive or consent to commit an offence, as well as individual officers who are negligent (s.36). In addition, they are also extra-territorial (s.52), meaning that the scope of liability is particularly wide-ranging.https://www.kingsleynapley.co.uk/insights/blogs/international-protection-blog/national-security-and-investment-act-2021-an-expansive-approach-to-liability