IMMIGRATION WEEKLY NEWS - 13th DECEMBER 2024

There has been a series of significant developments in UK's asylum system this week, as the Home Office has unveiled plans to overhaul asylum accommodation whilst grappling mounting challenges in decision-making quality and refugee support.

The Home Office has announced plans to house asylum seekers in disused care homes and student accommodation as part of an ambitious strategy to establish 800 new accommodation sites. This initiative aims to reduce the current £5.5 million daily expenditure on hotel accommodation, marking a fundamental shift in the approach to housing asylum seekers.

Amidst these changes, the government's handling of Syrian asylum claims has come under scrutiny. Immigration Minister Angela Eagle revealed that approximately 6,500 asylum claims have been suspended pending assessment of the situation following the Assad regime's end. This announcement has prompted the UNHCR and the Refugee Council to urge European nations not to abandon Syrian asylum seekers during this critical period.

In a positive development, the Home Office has launched a trial extending the 'move-on' period for refugees, effectively doubling the time they have to secure housing before facing eviction from asylum accommodation. This change comes in response to growing concerns about refugee homelessness and has been welcomed by charities and political figures alike.

However, serious concerns have emerged regarding the quality of asylum decisions. Recent data reveals that only half of the Home Office's asylum decisions meet its internal quality standards, a significant decline coinciding with former Prime Minister Rishi Sunak's push to clear the case backlog. Anonymous civil servants have highlighted how abbreviated training periods, increased targets, and shortened interview times have compromised decision quality.

The situation has been further complicated by the introduction of a two-hour limit for asylum interviews and simplified refusal templates, which officials claim have made it challenging to gather sufficient information for sustainable decisions. These changes have reportedly contributed to a surge in legal challenges, with over 9,300 appeals filed between April and June alone.

Despite Sunak declaring the legacy backlog "cleared" in January, these processing changes have persisted, raising questions about the long-term implications for the UK's asylum system and its ability to make fair and sustainable decisions.

In a significant Court of Appeal judgment (S v Secretary of State for the Home Department [2024] EWCA Civ 1482), the court has provided important clarification on what constitutes persecution in asylum claims, particularly regarding sur place activities. The court upheld that opportunistic political activities in the UK, including demonstrations and social media posts, would not amount to persecution risk if they were not genuinely held beliefs. This ruling notably differentiates between authentic political expression requiring protection and opportunistic activities designed merely to manufacture an asylum claim.

This judgment comes at a critical time when the Home Office is undertaking substantial reforms to the UK's asylum system.

This week also unfolded a landmark ruling with the Court of Appeal’s  determined in (Ali) v Secretary of State for the Home Department [2024] EWCA Civ 1546 that dependent family members' right to work under the EU-UK Withdrawal Agreement takes precedence over their dependency status. The case of R (Ali) challenged the Home Office's refusal of indefinite leave to remain for a formerly dependent child over 21 who had become financially independent through employment. The Court held that dependency should only be assessed at the point of joining the sponsor in the UK, with subsequent financial independence through work not affecting their rights. The Home Office is now seeking to appeal this decision to the Supreme Court.

As witnessed through the weekly updates, the UK's immigration sector continues to evolve, presenting ongoing challenges and debates for policymakers, legal professionals, and those navigating the system.

 Kick off 2025 with the most detailed Immigration update conference to date! Hear from Mark Symes, David Jones, Adam Pipe and Sacha Wooldridge will deliver essential updates and practical guidance on PBS issues, visitor refusals and protection claims in a focused four-hour session.

As migration policies face increasing scrutiny, removals of asylum seekers and right to work checks and reforms to family leave continue to rise. In this challenging climate, HJT's Birmingham Immigration Law Conference, is more relevant than ever.

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Written By Shareen Khan, Legal Content Writer - HJT Training