IMMIGRATION NEWS WEEKLY ROUND UP - 22nd NOVEMBER 2024

In a week marked by significant developments in UK immigration policy and jurisprudence, the Home Office faces mounting pressure on multiple fronts, from EU citizens' rights to asylum accommodation concerns.

?A critical spotlight has been cast on the treatment of EU citizens post-Brexit, as questions emerge about their right to travel while awaiting settlement decisions. The matter has escalated to statutory bodies demanding clarity from the Home Office, echoing the discretionary principles highlighted in the recent Hippolyte judgment. This High Court decision, while upholding the Home Office's strict residence requirements, nonetheless emphasised the importance of proper consideration of discretionary powers in immigration decisions.

?The asylum system continues to face significant challenges, with Dame Angela Eagle revealing an increase in hotel accommodation usage - now at 220 sites, up by seven since July. This development comes alongside revelations about a "rushed and misjudged" ￡15m purchase of an asbestos-ridden asylum accommodation site, backed by senior Conservative figures.

In response to these mounting pressures, Labour's Sir Keir Starmer has signalled support for exploring Italian-style migration agreements, suggesting a potential shift in approach should there be a change in government. This policy direction aligns with comments from the UK's new border security commander, Martin Hewitt, who advocates for a sustained approach to dismantling smuggler networks.

The courts continue to shape immigration policy implementation. The recent KM v Home Secretary ruling emphasises the intricate relationship between asylum and trafficking decisions, particularly highlighting the importance of procedural fairness. The judgment suggests that administrative errors in one aspect of an immigration case can have significant implications for related decisions - a principle that could influence future cases involving multiple immigration applications.

These developments occur against the backdrop of the Hippolyte decision, which, while confirming the Home Office's discretion in Windrush cases, highlights the high threshold required to challenge immigration rules, even in cases involving historic injustices.

For practitioners, these developments suggest an increasingly complex time requiring careful navigation of both procedural requirements and discretionary powers. The emphasis on proper procedure in KM, combined with the strict approach to residence requirements in Hippolyte, indicates the delicate balance courts are striking between maintaining immigration control and ensuring fairness in individual cases.?

Adding to these developments, the First-tier Tribunal has introduced stringent new Practice Directions for appeal bundle preparation, signalling a tougher approach to evidence management. The changes require condensed expert reports, properly interpreted witness statements, and more precisely organised documentation, with non-compliance potentially carrying severe consequences. This shift aligns with the broader trend of increased scrutiny in immigration matters.

In response to these significant changes, HJT Training has arranged a timely live online flash course NEW ERA FOR IMMIGRATION APPEALS: Practical Pointers to Ensure Compliance for Tuesday, 26th November 2024.

Experts Mark Symes and Adam Pipe will? guide practitioners through these new requirements, ensuring they can effectively navigate both the procedural demands of the Tribunal as per the new Directions and policy developments.

To book your spot, visit here In such a fast paced and dynamic environment, staying informed and up-to-date is more crucial than ever for legal professionals working in immigration law. This is where a subscription to Mastering Immigration Law proves invaluable.? By providing the most current information and detailed explanations of rules, it adds significant value to everyday casework. Moreover, subscribers gain access to generous discounts on live online courses, ensuring continuous professional development (CPD) in this ever-evolving field.

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?Written by Shareen Khan, Legal Content Writer - HJT Training