In general, a litigant in judicial review proceedings is not entitled to redact, on the ground of relevance, the identities of officials in such disclosure. This means that the Home Office should not redact the information about caseworkers in a judicial review. Routinely the names of civil servants outside the Senior Civil Service would be redacted in most claims of judicial review, with names of a large number of caseworkers being hidden. This leads to uncertainty about the approach to redaction rules.

Recently, the judgment of R (oao IAB & others) v SSHD reconfirmed the approach in relation to the redaction of the identities of officials in disclosed documents in the context of judicial review proceedings. Let’s analyse this case and the impact it has on whether the identities of Home Office caseworkers can be redacted.

Background

IAB is an interim judgment arising from judicial review proceedings challenging the Levelling Up Secretary’s decision to introduce regulations affecting asylum-seeker accommodation. If the regulations take effect, certain premises used by the SSHD (the SSHD) for asylum claimants will be exempt from housing regulations. This aims to increase available accommodation for asylum claimants and reduce reliance on hotels for the purpose.

The claimants in IAB challenged the SSHD’s policy regarding the regulations. In resisting the claim, the SSHD presented disclosure containing redacted documents, with an explanation for some redactions. Specifically, the SSHD stated that the names of junior officials were redacted based on relevance. The SSHD submitted that names of civil servants outside the Senior Civil Service fall outside the candour obligation and can be removed from all disclosable documents on grounds of relevance.

This could raise concerns related to transparency and the impact on public trust. This is because it could be argued that the routine redaction of caseworkers’ names, particularly those outside the Senior Civil Service, may hinder the public’s ability to fully understand the caseworkers involved in government actions.

In this background, the redaction of civil servants’ names emerged as a key issue in the court proceedings.

Judgement of R (oao IAB & others) v SSHD

In court, the judge deliberated on the permissibility of the SSHD routinely redacting names of civil servants outside the Senior Civil Service from documents disclosed in judicial review proceedings. The judge’s discussion is outlined below:

The judge emphasized the importance of the Duty of Candor in judicial review proceedings. According to the guiding principle in such proceedings, absent of good reason to the contrary, redaction on grounds of relevance alone ought to be confined to clear situations where the information redacted does not concern the decision under challenge. However, the names the SSHD sought to protect were not in this class, and those civil servants outside of the senior civil service did not enjoy any reasonable expectation of confidentiality. As such, the names of caseworkers should not routinely be redacted from disclosable documents.

In addition, the routine practice of redacting documents contradicts the purpose of ensuring public authorities provide clear reasoning for challenged decisions. The SSHD’s argument for widespread redaction was deemed impractical and raised concerns about transparency and public confidence.

In conclusion, the judge ordered that there was no sufficient reason, either from general considerations or the circumstances of the case, to warrant redaction of the names of caseworkers from disclosable documents.

The judge directed the SSHD to re-serve the disclosure without redactions.

Our thoughts

This judgment serves as a useful reminder that litigants in judicial review proceedings are not entitled to redact the identities of caseworkers in disclosed documents on the basis of relevance. However, the judgement does not solely apply to Home Office caseworkers. All defendants, including the central government, local authorities, and other public authorities, must follow this judgment and apply it when providing documents under the duty of candour.

For the public, it gives them the right to know who is handling cases and to hold individuals to account where necessary. When the public knows that cases are being handled by experienced and professional caseworkers, it reduces suspicion and mistrust about the fairness of the judicial process. All in all, this helps to create a fairer and more trustworthy legal environment.

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James Cook

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This article covers everything from what asylum is to the intricate steps of the application process and important details. Let’s dive into the complexities of seeking international protection and the path to asylum in the UK.

What is Asylum?

A person claims asylum when they are seeking international protection. The UK has an obligation to consider all claims made for asylum.

To be successful in your asylum claim, you must show that you are a refugee. A refugee is a person who has a well-founded fear of persecution in their home country for reasons of race, religion, nationality, political opinion or membership in a particular social group. You must also show that if you sought state protection then this would not be available to you, and that you cannot internally relocate to another part of your home country for your safety.

If you can show all of this, then you will be granted asylum and have leave as a refugee for a period of 5 years. During this time, you can work, study, receive benefits and bring family members to join you in the UK.

The Asylum Process

You must first claim asylum by calling the asylum intake unit. They will provide you with a reference number and will usually call you back within 2 weeks with a date for your screening interview.

During your screening interview, you will be asked basic details about yourself and basic details about why you wish to make an asylum claim. You will be given a Home Office reference number, a copy of your screening interview record and an ARC card.

Following your interview, you will be provided with documents to complete. This is the stage where we can come on record as your representative. We would advise and complete the forms for you, as well as provide in-depth details about your claim.

Approximately 6 months later your substantive interview will be set. This is also known as the main interview, where the Home Office will ask detailed questions about your claim. Interviews usually last 3 to 5 hours.

Once the interview is completed, you will be provided with a copy of the interview record and have 2 weeks to submit your final evidence and a decision will be made approximately within 6 months later.

If you are struggling financially and/or become homeless you can apply for asylum support. This means you will be provided with financial assistance and accommodation. You can apply for asylum support anytime during the asylum process.

Financial and housing support

You will usually get £47.39 per week for each person in your household. This will help you pay for things you need such as food, clothing, and toiletries. You will be given somewhere to live, and free National Health Service (NHS) healthcare, such as seeing a doctor or receiving hospital treatment. Your children will be allowed to attend school if they are aged 5 to 17. All state schools are free, and your children may be able to get free school meals.

How to register to your local GP

The procedure is the same as the other non-asylum seekers, the difference is that they will need to show their asylum seeker card (ARC) which will be given after the first asylum interview (screening interview).

Permission to work

The Immigration rules allow all asylum seekers to request permission to work in the UK if their asylum claim has been pending for a year or more.

Asylum decision

After your substantive interview, you will usually get a decision within 6 months. If you are granted asylum, then you will be given 5 years leave to remain as a refugee.

If you are refused, you will usually be given an in country right of appeal. This means that you must appeal within 14 days for your case to be considered by a judge.

You may be given an out of country right of appeal. This is when you are required to leave the UK and then appeal the decision within 28 days. This is also known as certification. This means that the Home Office are of the view that your case has no prospect of success.

It is of the utmost importance that you seek legal advice following your asylum decision. Contact us today and we would be happy to help.

Family reunification

If your asylum claim is successful, you are permitted to apply to bring your family to the UK under the family reunion rules.

Refused Asylum

If you have substantial new evidence that was not considered in your asylum, you can make further submissions which is known as a fresh claim.

Conclusion

As we conclude, we hope these articles provide a comprehensive understanding of the asylum process. If granted asylum, individuals receive five years of leave to remain as refugees. In case of refusal, appeal options are explored. Remember, seeking legal advice is crucial at every stage.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

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James Cook

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The UK government announced earlier this month new salary thresholds for both Skilled Worker and Spouse visas. Starting next spring, individuals must earn at least £38,700 per year to secure a skilled worker visa or to bring a family member or partner from abroad to the UK.

However, the Home Office has adjusted its initial plan to swiftly raise the minimum salary requirement for British nationals bringing foreign family members to the UK, which had faced criticism. The threshold will now be raised to £29,000 instead of £38,700, starting in the spring of 2024.

The revised proposal, disclosed abruptly and without public attention in a parliamentary response, indicated that the threshold would be increased ‘gradually’ and would eventually reach £38,700. However, no specific timeline was provided for this increment.

The Home Office minister, Lord Sharpe of Epsom, said, “In Spring 2024, we will raise the threshold to £29,000, which is the 25th percentile of earnings for jobs eligible for Skilled Worker visas, progressing to the 40th percentile (currently £34,500), and finally the 50th percentile (currently £38,700 and the level at which the general skilled worker threshold is set) in the final stage of implementation.”

The Government has also confirmed that the changes will only apply to new visa applicants and those already in the UK will only have to meet the current, much lower, income requirements.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and will be taking calls from 9:30am to 6:00pm.

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lisaslaw@web

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Within the immigration rules, part 9 relates to general grounds for refusal. If you are thinking of applying for either leave to remain or entry clearance in the UK, it is important to ensure that you avoid general grounds for refusal by meeting the suitability requirements set out in the UK immigration rules. Failure to do so could be disastrous for your prospects of staying in the UK.

This article will take a look at the suitability requirements set out in the UK immigration rules, looking at how you can meet the requirements and what can be done if you are refused under Part 9 of the immigration rules.

Keep reading to learn more and help you stay informed about reasons why you may be refused permission if you otherwise meet the criteria for a visa.

What types of applications do part 9 general grounds for refusal apply to?

It is worth pointing out that with a few exceptions, part 9 grounds for refusal apply to the vast majority of applications. Part 9 grounds for refusal do not apply to the applications made under the following to various degrees:

• Appendix FM (in part)
• Appendix Private Life (in part)
• Appendix Armed Forces (in part)
• Appendix EU (full)
• Appendix EU (family permit)
• Appendix S2 Healthcare Visitor (full)
• Appendix Service Providers from Switzerland (full)
• Appendix Settlement Protection (full)
• Appendix Electronic Travel Authorisation (full)
• Part 11 – Asylum (in part)
• Appendix Settlement Family Life (in part)
• Appendix Adult Dependent Relative (in part)

Contact us for clarification about when Part 9 grounds for refusal applies to these applications.

Difference between discretionary and mandatory ground for refusal

There is a key difference between discretionary and mandatory grounds for refusal which determine the success of an application. Within the part 9 rules, each ground sets out whether the Home Office must or may refuse or cancel permission.

If they must be refused or cancelled permission, then this is a mandatory general ground for refusal. If they may be refused, this is a discretionary ground for refusal. With the latter, this means that it is up to the Home Office whether permission is refused or cancelled.

What are the general grounds for refusal?

Let’s now take a look at the various grounds for refusal under Section 2 of part 9 of the immigration rules. There are 8 main grounds for refusal which we will be giving a brief overview of today.

Ground 1 – Criminality  

As a visa applicant, your permission to enter or stay in the UK must be refused if you have been:

• Convicted of a criminal office, either in the UK or overseas, for which you have received a custodial sentence of 12 months or more
• Are a persistent offender who shows a ‘particular disregard’ for the law
• Or, you have committed a criminal offence (s) which caused serious harm

These three reasons are mandatory grounds for refusal. Despite this, there are also discretionary grounds, meaning that the Home Office official is able to exercise their discretion in accordance with the official Home Office guidance. These are if the visa holder has:

• Been convicted of a criminal offence in the UK or overseas and received a custodial sentence of 12 months or fewer
• Or, if they have been convicted of a criminal offence in the UK or overseas and received either a non-custodial sentence or an out-of-court disposal was recorded on their criminal record

Visitor visa applicants will be refused under this criteria unless more than 12 months have passed since the end of their custodial sentence or their conviction.

Ground 2 – Exclusion from the UK

Simply put, a visa application or entry clearance must be cancelled if a person has been excluded from the UK or a deportation issue has been issued. There is no discretion for this ground and refusal is mandatory. No application to the UK needs to have been made for a person to be added to this list.

Ground 3 – Not conducive to the public good

There is no discretion for this ground of refusal. This ground comes under the powers of the Home Secretary. A recent example is the rapper, Tyler, the Creator, while Theresa May was the Home Secretary over song lyrics in one of his albums. He was given no advanced warning and was detained, refused entry and removed from the UK.

Ground 4 – Exclusion from asylum or humanitarian protection grounds

Fourthly, an application to enter or stay in the UK may be refused where the person is deemed to be either someone who:

• Is a danger to the UK
• Should be excluded from the Refugee Convention
• Should be excluded from a grant or humanitarian protection, or, should have their humanitarian protection revoked on the grounds of exclusion

Ground 5 – Involved in a sham marriage or civil partnership

If someone has been involved in a sham marriage or civil partnership, the Home Office may decide to refuse a visa or cancel permission.

Ground 6 – False representations

In this case, if the Home Office believe that false representations have been made, or false information and documents have been supplied then they can decide to refuse a visa or cancel permission. This is a discretionary refusal and applies whether or not the applicant knows that they provided a false document.

Ground 7 – Failure to provide the requirement information

When an applicant or visa holder doesn’t comply with the steps or provide information requested by the Home Office, they may have their permission refused or cancelled. This can include attending an interview, providing biometrics, undergoing a medical examination or providing a medical report.

Ground 8 – Previous breach of immigration laws

If an applicant or visa holder has previously breached UK immigration laws then they must be refused or cancelled permission. The minimum ban for ren-entry is 12 months for applicants who left the UK voluntarily and at their own expense. For those who have used deception, the maximum is 10 years.

What should you do if your application if refused due to the general grounds for refusal?

If your application is refused, or your permission to be in the UK is cancelled by the Home Office, then you will received a letter explaining your right to appeal. Most commonly, there is no right of appeal. Right of appeal is typically only eligible for those who have been involved in human rights law and humanitarian protects cases.

However, you can often submit a new application. Other options also include requesting an administrative review if you believe that an error was made by the Home Office, or requesting a judicial review if a decision is deemed to be unlawful. We will be able to advise you if we believe such appeals are likely to succeed.

It should be pointed out, however, that if you have been found to have used deception in an application for entry clearance, then this will be refused for a period of ten years as mentioned previously.

Our thoughts

It is important to be aware of these grounds for refusal when seeking to apply for entry or permission to stay in the UK. In addition to meeting the positive eligibility criteria for a visa, you must also not meet the general grounds of refusal for a UK visa application. To avoid any innocent mistakes preventing you from being able to enter the UK, it is vital to ensure that you carefully read questions and double check application forms before submitting them.

Nevertheless, there are some exceptions to these rules such as when it comes to family-based applications. At Lisa’s Law, our expert immigration team are highly knowledgeable about the criteria for general grounds of refusal and will be able to advise you on whether your application is exempt, as well as help you to challenge your refusal if we believe it is likely to succeed.

For any further questions, please contact us today.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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Last week the Home Office announced the Statement of Changes to the Immigration Rules: HC 246. With this edition of the statement of changes, notable changes have been made in the area of business visit visas.

Business visit visa changes

The new business visit visa allows visa holders to engage in the internal activities of the company and removes the original restrictions on working directly with clients. This will give greater flexibility for companies who are looking to do business in the UK.

However, a new requirement has also been introduced. This requirement essentially means that client facing activities are incidental to their employment abroad. They must not amount to the offshoring or a project or service to their overseas employer.

Business visitors will be allowed to work remotely while in the UK. However, the announcement makes clear that remote working must not be the main purpose of the visitor’s visit to the UK.

Other changes

Flight crew will be allowed to visit the UK between the months of March and October 2024 as part of a Civil Aviation Authority-approved wet lease (aeronautical term for a package lease of services such as aircraft and crew). While this was already in operation, this new measure incorporates it into the visitor rules.

Further changes include the following:

• Expansion of research-related permitted activities for scientists, researchers, and visiting scholars.
• Expansion of permitted activities of legal professionals, including holding business visit visas to come to the UK to consult, participate in arbitration, serve as arbitrators or mediators, serve as expert witnesses, etc.
• Including conference speakers on the list of permitted paid engagements (PPE), allowing payment for such activities.
• Moving the application criteria for PPE visitors to the standard visitor route. All tourists can engage in PPE activities and do not need to apply for this type of visa separately.

The changes within the Statement of Changes 246 will officially take effect from January 31, 2024. This modification greatly expands the scope of activities that business visitors can engage in in the UK, increases the flexibility of business visit visas, makes business activities in the UK more convenient, and contributes to the development of the British economy.

The biggest beneficiaries of this modification are multinational companies, overseas companies that work closely with British companies, research institutions, the aviation leasing industry, and the legal industry.

It could be said that these changes are an attempt to counterbalance the British government’s tightening of work visas in order to reduce immigration. The expansion of business visits may somewhat mitigate this.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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If you are in a relationship with a person from abroad and wish for them to come and live with you in the UK, you need to apply for a spouse visa. To be successful in the application for a Spouse visa, there are a number of requirements that you must satisfy.

At this moment in time, one of those requirements is that your sponsor (British or settled) must earn at least £18,600 per year. This has been the requirement since 2012, which is when appendix FM to the immigration rules was first introduced.

This earning threshold is easier to meet with the current minimum wage in the UK for a full-time worker being £18,964, working 35 hours per week (Gov.UK).

However, the Home Office has announced that from Spring 2024, they will be increasing the minimum earning requirement to £38,700. This is likely to cause significant obstacles for those wishing to be reunited with their family members. The requirement will be considerably higher for those who have children that are not British or Settled.

Will the new requirements affect spouse visa extension applications?

It is presently undecided as to whether the new income requirement of £38,700 being introduced in Spring 2024 will affect those currently in the UK on a spouse visa when they go for renewal. Initially it was announced that the new change would affect those already seeking to extend their visa with the Prime Minister stating that people have a set length of time for their visa, and there are no guarantees that they can stay in the UK after.

However, the UK government backtracked yesterday as they have announced that they are currently looking at how the new income requirements will apply to those renewing their visas. They said that they would provide an update in due course.

Our advice

We will keep you updated on any new announcements made. In the meantime, our advice is simple, apply now for your partners to join you in the UK, we expect the changes to take place in March / April 2024 and therefore there are still 3 months to apply.

For all those who are due to extend your visa next year, please note that you can apply to extend your visa up to 28 days before the expiry.

If you are concerned that you do not meet all the requirements presently, then please contact us and we would be happy to discuss your options.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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James Cook

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The Home Office have confirmed that the Home Secretary James Cleverly has today signed a new agreement with Rwanda’s Foreign Minister, Vincent Birtua. This new UK-Rwanda asylum agreement follows the Supreme Court’s Judgement last month confirming that removals of asylum seekers to Rwanda is unlawful.

The Home Office claim that the agreement signed today addresses the concerns of the Supreme Court along with strengthening Rwanda’s asylum processes. Most importantly it is said that the treaty ensures that asylum seekers that have been removed to Rwanda will not be at risk of refoulement such as being returned to their home country. However, asylum seekers would only be returned to the UK if there were issues such as committing a crime. The Home Office say that this would not breach refoulement.

The treaty also gives more powers to the independent “monitoring committee” which will ensure compliance with the terms of the treaty. The Rwandan asylum system will be strengthened by a new appeals body which will consist of judges from a mixture of nationalities all experienced in asylum and humanitarian claims.

To date, the UK government has paid over £140m to Rwanda. However, not a single person has been removed to the Central African country. As more information is released on the details of the treaty, we will be able to explore whether this time the treaty and the new UK-Rwanda asylum agreement is compatible with international law.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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