The Home Office has issued apologies to many asylum seekers who were granted leave to remain, only to have the decision revoked a few days later, with instructions to destroy the issued BRPs and return the pieces to the Home Office. This has led to a significant uncertainty for individuals all over the UK. Over … Continued
In 2017, Gherson wrote a blog focused on Red Notice abuse in the Middle East involving INTERPOL and unfunded/bounced cheques. A further blog highlighted how the INTERPOL Commission for the Control of INTERPOL’s Files had taken the unusual step of publishing one of its decisions on the issue. Most recently, Gherson have described how the … Continued
Historically, individuals seeking asylum needed to demonstrate a well-founded fear of persecution with “a reasonable degree of likelihood” or a “real risk”. This is a lower standard of proof than the “balance of probabilities” in civil cases. However, the introduction of Section 32(2) of the Nationality and Borders Act 2022 (“the Act”) on 28 June … Continued
Following the Supreme Court’s judgment on the Rwanda policy, the Home Office is seeking to have Rwanda declared safe to allow the progression of the policy. In November 2023, the UK’s Supreme Court upheld the Court of Appeal judgment that the Home Secretary’s Rwanda policy was unlawful. One concern of the Court of Appeal and … Continued
Individuals who have been granted refugee status in a third-party country in circumstances of a politically motivated prosecution or persecution, and who fear that they might be subject to INTERPOL measures, are increasingly asking whether they remain free to travel. The Short Answer is: Exercise Extreme Caution Before Travelling The short answer is that individuals … Continued
In its judgment of 15 November 2023, the Supreme Court considered whether the Home Secretary’s Rwanda policy (“the policy”) was lawful. It unanimously dismissed the Home Secretary’s appeal, upholding the Court of Appeal judgment that the policy is unlawful. Under the intended policy, certain individuals claiming asylum in the United Kingdom would be sent to … Continued
The Illegal Migration Bill, if successfully passed by Parliament, will change the law to make it more difficult for those arriving illegally to stay in the UK, and will provide the Home Office with significantly increased powers of detention and removal. The Illegal Migration Bill was first introduced into Parliament by Home Secretary Suella Braverman … Continued
The Home Office has designed a questionnaire to largely replace the interview process for around 12,000 asylum seekers from Afghanistan, Eritrea, Syria, Yemen and Libya currently awaiting a decision on their claim. While any measure devised to speed up the decision-making process in asylum cases is to be welcomed, the questionnaire has already raised a … Continued
In short, yes, but only in very specific circumstances. The loss of one’s citizenship is known as ‘deprivation of citizenship’. Deprivation is based on section 40 of the British Nationality Act 1981. While the notion of depriving someone of their British citizenship is not new (being found in British legislation dating back to 1914), there … Continued
Both are means of challenging the refusal of an immigration application, however, there are some key distinctions. Administrative review An administrative review is an application to the Home Office. It is a means of highlighting a case-working error, for example, an incorrect application of the law to a case or a failure to consider in … Continued
If you are a foreign national, under specific circumstances you can make a claim for international protection in the UK. A dual nationality may have a great influence on the outcome of your claim and specialist advice should be sought. As a foreign national, if you do not feel safe in your own country and … Continued
The data suggests that Brexit is making it easier for small boat crossings to reach the UK. This is likely due to the Dublin Agreement no longer being in effect, meaning that asylum seekers who make it to the UK can no longer be repatriated to other European countries. It has been revealed that a … Continued