IMMIGRATION NEWS WEEKLY ROUNDUP - 19th JANUARY 2024

We end this week with the breaking news on the controversial Rwanda deportation bill. The Bill has passed the Commons, despite opposition complaints it represents a concerning expansion of executive power. Prime Minister Rishi Sunak immediately pressed the Lords to approve the legislation, arguing any resistance would amount to undemocratically frustrating the elected Commons.

However, crossbench peer Lord Carlile condemned the Rwanda policy as a "step towards totalitarianism" and signalled the Lords may yet block the bill's passage. The legislation remains divisive, with civil service unions alleging new rules will improperly compel staff to violate international law if ministers insist on proceeding with Rwanda flights despite human rights injunctions.

The Home Office also recently implemented long-overdue increases to financial support for pregnant asylum seekers and young children, linking rates to an inflation-adjusted program for the first time since 2003. This can be viewed in the updated Asylum Support (Amendment) Regulations 2023.? By linking the payments to 'Healthy Start,' a benchmark program indexed to inflation, the Home Office aims to address these longstanding concerns. Though overdue, the decision signifies an important step in ensuring pregnant asylum seekers and young children can access adequate support as they await the outcome of their asylum claims in the UK. The 20-year gap between rate increases raises questions about how frequently rates will be re-evaluated going forward to avoid similar neglect. While welcome, the 20-year gap prompts questions if support will be regularly re-evaluated going forward.

In the courts, a High Court judgment in Medical Justice, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 38 (Admin) deemed unlawful a Home Office policy allowing officials to obtain second medical opinions on vulnerability reports for detained immigrants. The court found the policy delayed consideration of evidence and risked harm to already vulnerable individuals.

In another important ruling, in SN and LN v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Directive 2011/95/EU) Case C-563/22, Opinion of AG Emiliou the European Court of Justice established that Palestinian refugees can claim UN protection has 'ceased' based on general living conditions in Gaza, without proving individualized risk.

The decision stems from multiple Palestinian asylum cases in Europe contending that poor living conditions and infrastructure collapse in Gaza negated UNRWA's capacity to protect refugees. UNRWA disputed this interpretation, arguing that general hardship was insufficient to end its mandate.

In rejecting UNRWA's stance, the European Court of Justice established that asylum adjudicators must consider the broader regional context. Specifically, factors like access to electricity, drinkable water, and other critical services are relevant when evaluating if UNRWA's protection has ceased. The ruling will impact many Palestinian asylum applicants by easing the burden of proving individualized risk. More broadly, the judgment crystallizes the complex relationship between UN agencies and refugee resettlement obligations.

This judgment will ease the evidentiary burden for many Palestinian asylum applicants.

On a positive note, from 31 January 2024 ease current visitor visa legislation to allow remote working while visiting the UK, recognizing modern flexible work patterns. But the primary trip purpose still cannot be remote work.

With deportations to Rwanda now being an open threat, do not forget to book your spot for our live online course, Certification, Inadmissibility and The Rwanda Regime.? Delivered by HJT Director and industry expert, David Jones,? this timely course will cover in-depth analysis to equip you with the knowledge integral to an immigration advisor’s practice as deportations resume. With vulnerable migrants still exposed to risk of deportation flights amid ongoing legal uncertainty, this is a prime opportunity to further gain updates of this professionally important issue. More information or to book click here.

The planned increase to the Immigration Health Surcharge (IHS) will make family visa applications even more costly. On top of the minimum income threshold rising for spouses seeking to join their partners in the UK, the IHS hike adds a significant additional burden. With the IHS fee jumping 66%, families already struggling to meet the financial requirements will be hard hit.? The IHS increase risks pricing out low- and middle-income families, preventing them from reuniting with partners and children in the UK. While healthcare funding challenges exist, the IHS disproportionately impacts families and undermines efforts to create a fair and equitable immigration system.

Do seize the opportunity to attend HJT’s live online course: Appendix FM Pathways for Partners and Settlement with Expert Brendan Beder to address the upcoming changes to the Rules. More info or to book, click here.

Immigration advisors face the challenge of keeping pace with the UK's rapidly changing regulations. To help make sense of this shifting landscape, immigration expert Mark Symes provides an essential guide decoding complex and evolving policies across all areas. This vital reference empowers advisors to stay current by demystifying even obscure immigration rules and nuances. By distilling the latest requirements and guidance into one indispensable resource, Symes equips advisors with up-to-date knowledge to counsel clients confidently despite transforming regulations. With immigration policies frequently revised, leveraging this reliable and current reference manual helps advisors master both longstanding and newly updated rules. By arming immigration advisors with the most current information needed to navigate dynamic times, this guide is an invaluable resource for providing effective counsel amidst the UK's fluctuating immigration system.

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Ongoing education is key for immigration professionals facing rapidly changing policies. HJT Training offers accredited CPD courses across business, family, and settlement pathways and exam preparation for staying current. As regulations transform, trusted training keeps advisors equipped with in-depth knowledge.

At HJT, we aim to provide immigration advisors the insightful training needed to excel in this climate of change.

For a full list of course scheduled for this year, visit our course archive here.

For enquiries, contact us [email protected] or call 075441 64692.

For the full list of updates on media news, reported case law and Home Office Policy and other document updates, visit our blog here.