Immigration Detention & Bail Archives - Page 10 of 17 - ICS Legal Blog

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Migration Advisory Committee publishes initial results of Tier 2 review

The Migration Advisory Committee (MAC) yesterday released a comprehensive 182-page review of Tier 2 visa salary thresholds. Tier 2 mainly consists of non-EU work migration. The MAC was commissioned in June to carry out the review, and it will report in two stages - firstly, yesterday's early advice on Tier 2 salary thresholds, and secondly, a wider review which will be delivered to government at the end of the year. The MAC urged the government to be cautious over any early decision to raise the minimum salary requirements for skilled migrant workers, pending the completion of the wider review. Yesterday's review stated: "Our focus in this report is on analysis rather than recommendations. We examine the evidence concerning the possibility that migrants undercut British residents. We set out the impact on the number of migrants excluded as the pay thresholds are raised (assuming firms do not raise their pay offer). We urge caution over thresholds because such decisions interact with the second tranche of our work, particularly the skills levy. In any event a modest rise in the minimum thresholds would have minimal impact on Tier 2 (General) because currently the prioritisation system with the limit is yielding required pay above £30,000...

Germany suspends Dublin Regulation procedures for asylum seekers from Syria

The Asylum Information Database (AIDA) (a project of the European Council on Refugees and Exiles) reported yesterday that Germany has suspended deporting asylum seekers from Syria under the Dublin Regulation. The EU's Dublin Regulation (No 604/2013) determines which EU Member State is responsible for examining an asylum application and allows deportation if an asylum seeker tries to apply in another Member State. According to AIDA, the German Federal Office for Migration and Refugees (BAMF) issued internal instructions on 21 August 2015 suspending Dublin Regulation procedures in respect of Syrian nationals. The Telegraph reported that an official German source confirmed the suspension. AIDA says that Dublin procedures already initiated in relation to Syrians are to be cancelled, and newly applying Syrian asylum seekers will be channelled into the regular asylum procedure and will not be given the usual Dublin questionnaires. According to the Telegraph, Germany has long complained that the Dublin system is failing and that the rules are abused by other Member States to avoid taking asylum seekers. The Telegraph noted that German Chancellor Angela Merkel and French President Francois Hollande held emergency talks in Berlin yesterday on the refugee and migrant crisis facing Europe and called for an overhaul of the EU's asylum system. According...

Illegal working punishable by up to six months in prison and an unlimited fine under new Immigration Bill

Immigration Minister James Brokenshire said yesterday that the forthcoming Immigration Bill will introduce a new offence of illegal working punishable by up to six months in prison and an unlimited fine in England and Wales. The Immigration Bill is set to be introduced this autumn. A Gov.uk news release reported that the Bill will also make it easier to prosecute employers who know, or reasonably suspect, that persons they employ do no have legal permission to work in the UK. Businesses such as pubs, off-licences or takeaways who evade sanctions or offend repeatedly face losing their licence to operate. Brokenshire was quoted as saying: "Anyone who thinks the UK is a soft touch should be in no doubt — if you are here illegally, we will take action to stop you from working, renting a flat, opening a bank account or driving a car." "As a one nation government we will continue to crack down on abuse and build an immigration system that works in the best interests of the British people and those who play by the rules." "Through our new Immigration Bill, illegal workers will face the prospect of a prison term and rogue employers could have their businesses closed,...

Net migration to the UK reaches record high

The latest statistics from the Office for National Statistics (ONS) show that net migration to the UK for the year ending March 2015 reached an all-time record high of 330,000, beating the previous record of 320,000 in the year ending June 2005. The ONS Migration Statistics Quarterly Report, August 2015 is available here. The key points of the report are: • Net long-term international migration = +330,000 (up 94,000 from YE March 2014), in the year ending (YE) March 2015. • Immigration = 636,000 (up 84,000), in the year ending (YE) March 2015. • Emigration = 307,000 (down 9,000), in the year ending (YE) March 2015. • The net migration figure was a statistically significant increase from 236,000 in YE March 2014 and is the highest net migration on record. • Net migration of EU citizens showed a statistically significant increase to 183,000 (up 53,000 from YE March 2014). The increase in non-EU net migration to 196,000 (up 39,000) was also statistically significant and is a result of an increase in immigration (not statistically significant) and a decrease in emigration (statistically significant). • The increase in long-term international immigration included a statistically significant increase for EU citizens to 269,000 (up 56,000), the highest...

Confusion between immigration appeal and judicial review

Client's who consult us find it difficult to work out the difference between an immigration appeal, administrative review and a judicial review. An immigration appeal or administrative review provides you with an immigration decision whereas the judicial review does not. Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision. This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way. If you want to argue that a decision was incorrect, judicial review may not be best for you. There are alternative remedies, such as appealing against the decision to a higher court. Examples of the types of decision which may fall within the range of judicial review...

Statement of changes July 2015 -Tier 4 Visas

A number of changes are being implemented on the July 2015 Immigration Rules. Summary of the changes are as follows: Amend paragraph 19A which relates to returning residents, to include the spouse, civil partner, unmarried partner or same-sex partner of a Home Office employee serving overseas. Make changes and clarifications to the Immigration Rules relating to administrative review. Make minor changes and clarifications to the Immigration Rules on family and private life. Increase the maintenance requirements for Tier 4 (General) and Tier 4 (Child) students. Expand the area in which Tier 4 students have to demonstrate a higher maintenance requirement for London to include the University of London, or institutions wholly or partly within the area comprising the City of London and the former Metropolitan Police District. Apply the same maintenance requirements to all Tier 4 (General) students, regardless of whether they are already living in the UK, except Doctorate Extension Scheme students. Make all time spent in the UK as a Tier 4 student count towards Tier 4 time limits. Change the conditions for those given leave to enter or remain to study at publicly-funded further education colleges, to prohibit work. Prevent college students from extending their stay in...

Immigration (European Economic Area) (Amendment) Regulations 2015

SI 2015 No. 694. These Regulations amend the Immigration (European Economic Area) Regulations 2006 (including bringing the legal framework within which appeals may be brought against a decision taken under the 2006 Regulations into line with the regime established by the Immigration Act 2014). Coming into force 6th April 2015. The 2006 Regulations set out the appellate regime in respect of decisions which are made under those Regulations (‘EEA decisions’) and they apply certain parts of Part 5 of the 2002 Act to appeals against EEA decisions. The 2014 Act substantially amended the appellate regime in the 2002 Act. The 2014 Act restructured the rights of appeal in the 2002 Act, with the effect that is now only possible to appeal under that Act against the refusal of a human rights claim, a protection claim (humanitarian protection and asylum) and revocation of a refugee or humanitarian protection status (‘the tripartite grounds’). In particular the concept of an appeal against an ‘immigration decision’, upon which appeals against EEA decisions were previously based by the 2006 Regulations, no longer exists. Accordingly, paragraph 15 of Schedule 1 amends paragraph 1 of Schedule 1 to the 2006 Regulations to apply the relevant provisions of the 2002 Act, as amended by the...

Doctors of the World finds migrants are avoiding seeking medical treatment

A new report by Doctors of the World – Médecins du monde (MdM) has found that even migrants who have permission to be in the UK are avoiding seeking vital medical treatment for fear of being arrested, thePress Association (PA) reported yesterday. The report, Access to healthcare for people facing multiple health vulnerabilities, can be read here. The MdM report is based on data collected in 2014 in face-to-face medical and social consultations with 23,040 people in 25 programmes/cities in Belgium, France, Germany, Greece, the Netherlands, Spain, Sweden, Switzerland, the United Kingdom and Turkey. MdM runs healthcare clinics for vulnerable people, including one in Bethnal Green, East London. The majority of patients seen across Europe by MdM (91.3%) were living below the poverty line. Most (93.6%) were foreign nationals who had on average been living in Europe for more than six years. Migrants seen by MdM in the UK cited fear of being arrested, administrative and legal barriers, lack of knowledge or understanding of the healthcare system and their rights, along with language barriers as reasons for not pursuing conventional healthcare routes, the PA said. The MdM report notes: "In London, almost all patients (82.7%) had no access to the NHS at all...

New Immigration Bill set to tackle illegal working and extend “deport first, appeal later” to all non-asylum appeals

David Cameron has today made a speech at the Home Office in London announcing a new Immigration Bill to be included in next week's Queen's Speech. The Prime Minister's Office says the Bill will set forth a 'whole of government' approach to clamp down on illegal immigration. Tackling illegal workers is set to be central to the Bill. Under the Bill, police will be given powers to seize the wages of anyone employed unlawfully, as the Bill proposes a new criminal offence of illegal working. The offence of illegal working will apply to migrants who have entered the country illegally and also those who came to the country legally but are in breach of their conditions or have overstayed. Cameron said: "Dealing with those who shouldn't be here. That starts with making Britain a less attractive place to come and work illegally. The truth is it has been too easy to work illegally and employ illegal workers here." "So we'll take a radical step – we'll make illegal working a criminal offence in its own right. That means wages paid to illegal migrants will be seized as proceeds of crime… and businesses will be told when their workers' visas expire… so if...

Partner visas minimum income requirement – Immigration advice

The BritCits blog reports today that the Supreme Court has granted permission to hear the appeal in the case of MM and Others on the minimum income requirement for partner visas in the Immigration Rules. The case of MM and Others first came before the High Court in 2013 and Justice Blake concluded that while the Immigration Rules were not unlawful, the earnings threshold would amount to a disproportionate interference with family life if combined with one of the four other requirements in the Rules. Last July, the Court of Appeal allowed the Secretary of State's appeal against that judgment and found that the £18,600 minimum income requirement for partner visas was "justified". According to BritCits, the Supreme Court will now hear the case with MM as the lead appeal, with the other cases to only deal with the points that MM has not dealt with. The date of the hearing is still to be confirmed, though BritCits says it is unlikely to be before autumn. For more on the financial (minimum income) requirement for partner visas, you can read a comprehensive March 2014 House of Commons Library Standard Note here and a July 2014 update here. Various migrants' rights groups are campaigning against the financial requirement, which they...