Welcome to the weekly Free Motion publication!
The primary listening to has been listed within the subsequent spherical of the Rwanda litigation. On Friday, Mr Justice Chamberlain ordered a rolled up hearing to happen throughout the window of 4 to 7 June with a time estimate of in the future. That is the problem following on from the pre action letter despatched final week on behalf of FDA, a union representing civil servants. This problem is to the requirement for civil servants to, if directed to take action by a minister, ignore a rule 39 order made by the European Courtroom of Human Rights that an individual shouldn’t be despatched to Rwanda. It’s argued that such a course would breach worldwide legislation and battle with the responsibility of civil servants below the Civil Service Code to behave in compliance with the legislation.
A second pre action letter has been despatched by Asylum Help difficult the brand new ‘Safety of Rwanda’ steering that was revealed final week. All practitioners who could also be coping with these circumstances ought to learn that and entry a replica of the pre motion letter as defined in my write up.
In different information concerning the Rwanda settlement, the spokesperson for Rwanda has confirmed (in this video) that they at the moment solely have capability for 200 folks. We proceed to attend for a proof from the federal government as to the plan for the tens of 1000’s of different folks they’re stopping from accessing the asylum system within the UK. Matthew Rycroft has declined to provide the Public Accounts Committee and Dwelling Affairs Choose Committee with even the numbers of these affected, not to mention what the Dwelling Workplace’s intentions in the direction of them are. On that be aware, do bear in mind to join our webinar on challenging the inadmissibility process which takes place in a few weeks (earlybird low cost obtainable till tomorrow).
Simply earlier than the gruesome and harmful raids began final week, it was reported that one particular person had flown to Rwanda below the recently changed voluntary scheme. If the federal government had been hoping to make use of him as proof of idea that folks might be despatched to Rwanda safely then it’s presumably fairly unhelpful that no one seems to know where he is at the moment. Given the timing of all of this, it appears much more possible that this was a determined (and unsuccessful) try to realize votes forward of the native elections. The earlier the federal government realises that most individuals have little interest in the mistreatment of weak folks the higher off we’ll all be. I gained’t maintain my breath.
On Free Motion, now we have launched our subsequent webinar: ‘Mastering sponsor licence applications: strategies for success and ongoing compliance‘. The training will be given by Joanna Hunt, Head of Immigration at DAC Beachcroft on 1 July.
I wrote a detailed briefing for practitioners on what the current law and processes are for sending a person to Rwanda. If and when anything changes, for example in relation to more of the Illegal Migration Act being brought into force, then I will update it or write a new one, but for now this is the legal position. Thanks for all the lovely feedback, I am glad to hear people have found it useful.
One further section of the Illegal Migration Act was brought into force last week which was section 50, allowing the Lord Chancellor to make certain Tribunal Procedure Rules which were also published. These are to come into force just after the duty to make arrangements for removal, so the government may yet pull the trigger on this incredibly stupid law.
Another change to be aware of is that the Adults at Risk guidance is being amended to facilitate the detention of more vulnerable people for longer and those changes come into force on 21 May. Read on for the rest of what was on Free Movement last week and what we have been reading elsewhere.
Cheers, Sonia
What we’re studying
‘I will kill myself on arrival’: Syrian asylum seeker fears Rwanda will not be safe – The Guardian, 7 Might
I’m a torture survivor who was put in detention, this is what happened – Huck Journal, 2 Might
‘Endless torture’: French police force migrants into Channel crossings as numbers hit new daily record – Impartial, 2 Might
The Effects of UK Immigration, Asylum and Refugee Policy on Poverty: A Joint Inquiry by the APPG on Migration and the APPG on Poverty – RAMP, 30 April
Asylum homelessness rises as refugees told to leave accommodation – BBC Information, 30 April
Citizens’ Rights’ Watchdog Calls For Resolution On Landmark High Court Case Implementation – Impartial Monitoring Authority, 30 April
The Safety of Rwanda (Asylum and Immigration) Act – Landmark Chambers, 30 April
The reach and impact of migration information campaigns in 25 communities across Africa and Asia – Migration Coverage Apply, March
I spent 40 days homeless sleeping behind Tesco while seeking asylum. Here’s what the system taught me – Large Problem, 11 April
Upper Tribunal clarifies grounds of appeal available in protection status challenges – Landmark Chambers, 3 Might
Price of love: Married couples battle to live in UK as income trumps family ties – The Nationwide, 4 Might
Bound to work: Improving access to redress on the UK’s Seasonal Worker Scheme – Deal with Labour Exploitation, Might 2024
An Abusive App – Human Rights Watch, 6 Might
