Month: March 2023

The Government is trying to reduce access to Courts so as to minimise the Court’s impact on on its hostile environment. These are some important examples of why people continue to need access to the Courts, and the Courts need to retain their power to examine decisions made.

Updated 30 March 2023: HIGH COURT RULES MIGRANTS’ DATA RIGHTS MUST BE PROTECTED

A High Court judge has agreed with Open Rights Group and the3million that the immigration exemption in the UK Data Protection Act 2018 is incompatible with General Data Protection Regulation (GDPR).

It is the second time that ORG and the3million have taken the government to court over the immigration exemption, which allows the Home Office and private companies to refuse requests by individuals for access to personal data held about them on the grounds that it might “prejudice the maintenance of effective immigration control”. This denial can cause life-changing harms by preventing migrants from being able to challenge mistakes in the data that is held about them, and therefore being unable to effectively challenge immigration decisions. For example, an asylum-seeker who has been refused by the Home Office needs access to their personal data to effectively lodge an appeal. Application of the immigration exemption, and the withdrawal of that access, could result in genuine asylum-seekers being deported back to countries where they face a real risk of persecution and serious harm.

22 March 2023: Independent Chief Inspector of Borders and Immigration: The Chief Inspector’s annual report for the business year 1 April 2021 to 31 March 2022 has been laid in Parliament.

Publishing his annual report, David Neal said:

Commenting on the publication of his annual report for 2021-22, David Neal said:

The UK Borders Act 2007 requires the Independent Chief Inspector of Borders and Immigration to make a report to the Home Secretary each year on the performance of immigration, asylum, nationality, and customs functions. This annual report provides a valuable opportunity for me to reflect on the findings of my inspections and to draw out wider themes and issues.

In my annual report for 2021-22, I highlighted three areas of particular concern. First, I comment on the need for the Home Office to develop greater resilience in the face of ‘crisis’ so that the extent to which unforeseen challenges disrupt the department’s routine operations is minimised. Secondly, I note that several of my inspections pointed to a need for the Home Office to adopt a greater focus on vulnerability, particularly when its safeguarding responsibilities are in tension with its immigration control objectives. Finally, I point to the perennial problem of the poor quality of the data on which the Home Office relies to carry out its borders and immigration functions, an issue that arises in almost every ICIBI inspection.

Continue reading “ICIBI annual report for 2021-22 published”

The UK Borders Act 2007 requires the Independent Chief Inspector of Borders and Immigration to make a report to the Home Secretary each year on the performance of immigration, asylum, nationality, and customs functions. This annual report provides a valuable opportunity for me to reflect on the findings of my inspections and to draw out wider themes and issues.

In my annual report for 2021-22, I highlighted three areas of particular concern. First, I comment on the need for the Home Office to develop greater resilience in the face of ‘crisis’ so that the extent to which unforeseen challenges disrupt the department’s routine operations is minimised. Secondly, I note that several of my inspections pointed to a need for the Home Office to adopt a greater focus on vulnerability, particularly when its safeguarding responsibilities are in tension with its immigration control objectives. Finally, I point to the perennial problem of the poor quality of the data on which the Home Office relies to carry out its borders and immigration functions, an issue that arises in almost every ICIBI inspection.

Continue reading “ICIBI annual report for 2021-22 published”

12 March 2023: As the British economy crashes the government looks for people to blame and refugees pay the price.

Last November PCS and Care4Calais launched a proposal for a Safe Passage for Refugees. Since then, they asked for a meeting with the Home Office to discuss it, but they never received any reply.

Differently to the government’s plans, this proposal would drastically reduce the number of people forced to make the dangerous journey in small boats, break the people smugglers’ business model, and address the UK humanitarian obligations treating refugees with the dignity and respect that they deserve.

Updated 29 March 2023: Guardian: Sixty-six children still missing after vanishing from Brighton asylum hotel

Senior family judge hears charity’s urgent bid to have ‘world’s most vulnerable children’ declared wards of court

Lawyers for the home secretary have disclosed to a family court that 66 unaccompanied asylum-seeking children remain missing from just one local authority – Brighton and Hove – after disappearing from a hotel.

The number was revealed at an urgent hearing to address the fact that no agency has parental responsibility for the missing youngsters.

More than two months ago, a minister confirmed that 200 children – many of whom had arrived in the UK on small boats without a parent or guardian – disappeared after being placed in hotels run by contractors employed by the Home Office.

The figure included 76 youngsters who had vanished from a hotel in Brighton amid fears they had been targeted by criminal gangs.

2nd March 2023 Praxis: REPORT: EXPERIENCES ON THE 10-YEAR ROUTE TO SETTLEMENT

Around 170,000 people are estimated to be on a ‘10-year route to settlement’ – a way for some people with strong ties to the UK to be able to stay here permanently. On this route, individuals face a number of challenges – length of time before being eligible to stay permanently, the high cost of visa fees (around £13,000 over the 10-year period for one adult), the requirement for repeat applications every 2-and-a-half-years, complex applications with few options for legal advice, and restrictions in accessing welfare through the default ‘no recourse to public funds’ (NRPF) condition.

In new research conducted by Praxis and partners the Institute for Public Policy Research (IPPR) and the Greater Manchester Immigration Aid Unit (GMIAU), we take stock of the impacts of the 10-year route to settlement on people’s lives. Our findings are drawn from a survey of over 300 people who are either on the 10-year route to settlement, or have been on the route, as well as in-depth interviews with people on the route.

Our research find a series of potential pitfalls and wrong turns arising from the design of the route that lead to poverty and insecurity for many. This is an immigration route often used by women, parents and caregivers, and people from a Black and South Asian background. Usually, people on the 10-year route are long-term residents – 60 % of those we surveyed had been in the UK for more than a decade. Many are working in low-paid jobs and have severely stretched household finances. The high costs, repeated renewals, complexity and NRPF place considerable pressure on people for a prolonged period of their lives and hold people back from achieving all they could for themselves and their families, their communities and the economy.