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The world of asylum, immigration and human rights law is a politically charged, fast moving and constantly changing landscape. It takes time and hard work to keep up.
Seraphus | Blog | News, Views and Support for Asylum, Immigration & Human Rights
Closure of Tehran visa application centre: alternative arrangements
27/01/12 16:37 Filed in: Entry Clearance
Due to ongoing tensions between the UK and Iran, the visa application centre at the British Embassy in Tehran is closed until further notice.
The UK Border Agency will be contacting visa applicants who submitted an application in Tehran up to 29 November 2011 (inclusive) who have not yet received decisions or updates on their case. All original documents should have been returned to visa applicants, if not further enquiries should be directed to the Iranian authorities (as the UK Border Agency would have returned them to the original issuing authority - how that works for refugee family reunion applications we do not know).
Iranian nationals wishing to submit an application for a visit visa only can do so at any visa application centre worldwide. Iranian nationals, who normally live in Iran, may submit applications for all visa categories at the following visa application centres in the UAE and Turkey:
United Arab Emirates - Dubai and Abu Dhabi
Turkey - Istanbul, Ankara, Izmir, Bursa and Gaziantep
Applications should still be submitted online and attendance at the visa application centres is by pre-booked online appointment only. It is mandatory for visa applicants in Turkey to pay for their applications online.
The UK Border Agency have said that it is not possible to process visa applications within their published customer service standards.
More when we have it.
The UK Border Agency will be contacting visa applicants who submitted an application in Tehran up to 29 November 2011 (inclusive) who have not yet received decisions or updates on their case. All original documents should have been returned to visa applicants, if not further enquiries should be directed to the Iranian authorities (as the UK Border Agency would have returned them to the original issuing authority - how that works for refugee family reunion applications we do not know).
Iranian nationals wishing to submit an application for a visit visa only can do so at any visa application centre worldwide. Iranian nationals, who normally live in Iran, may submit applications for all visa categories at the following visa application centres in the UAE and Turkey:
United Arab Emirates - Dubai and Abu Dhabi
Turkey - Istanbul, Ankara, Izmir, Bursa and Gaziantep
Applications should still be submitted online and attendance at the visa application centres is by pre-booked online appointment only. It is mandatory for visa applicants in Turkey to pay for their applications online.
The UK Border Agency have said that it is not possible to process visa applications within their published customer service standards.
More when we have it.
UKBA Language Analysis in asylum cases. UKBA Language Analysis in Asylum Cases
13/01/12 17:36 Filed in: Asylum
Dr John Campbell, Head of Department of Sociology an Anthropology, School of Oriental and African Studies [SOAS] produced a report concerning the UK Border Agency's [UKBA] use of Language Analysis in asylum cases.
The UKBA states that the purpose of their analysis is to properly determine the place of origin for asylum seekers. Dr Campbell spent time examining the process, the procedures, as well as linguists' claims of being experts.
Dr Campbell concludes that the process is not objective and is fundamentally political. It is based on flawed assumptions about language, and on subjective, rather than objective, criteria. There is also very little empirical evidence to support language analysis.
It is an invaluable read for anyone dealing with asylum cases. The full report can be found here.
The UKBA states that the purpose of their analysis is to properly determine the place of origin for asylum seekers. Dr Campbell spent time examining the process, the procedures, as well as linguists' claims of being experts.
Dr Campbell concludes that the process is not objective and is fundamentally political. It is based on flawed assumptions about language, and on subjective, rather than objective, criteria. There is also very little empirical evidence to support language analysis.
It is an invaluable read for anyone dealing with asylum cases. The full report can be found here.
Undocumented migrants keep on facing obstacles to access basic rights and justice
11/01/12 12:38 Filed in: EC
The European Union Fundamental Rights Agency (FRA) published a new report entitled “Fundamental rights of migrants in an irregular situation in the European Union which argues that, “while EU Member States have a right to control immigration, non-compliance with migration regulations cannot deprive migrants in an irregular situation of certain basic rights to which they are entitled as human beings”.
FRA Director Morten Kjaerum said, “We employ irregular migrants as cheap domestic workers to clean our homes. We eat the fruits and vegetables that they pick. But despite their contribution to our societies, when irregular migrants try to access healthcare or education services, or try to seek justice in case of abuse, they often face a closed door or, worse, deportation. Human rights belong to all human beings. And we remain human beings even if we do not have a passport, or a visa or a residence permit.”
A recent course by given by Raza Husain QC at Matrix Chambers explained how EEA law may be relied upon to safeguard those rights.
FRA Director Morten Kjaerum said, “We employ irregular migrants as cheap domestic workers to clean our homes. We eat the fruits and vegetables that they pick. But despite their contribution to our societies, when irregular migrants try to access healthcare or education services, or try to seek justice in case of abuse, they often face a closed door or, worse, deportation. Human rights belong to all human beings. And we remain human beings even if we do not have a passport, or a visa or a residence permit.”
A recent course by given by Raza Husain QC at Matrix Chambers explained how EEA law may be relied upon to safeguard those rights.
Christmas and New Years
23/12/11 16:47 Filed in: Events
Seraphus wishes everyone a very Merry Christmas and a Happy New Year. We hope that you all have a wonderful 2012. We’ll see you there!
The photograph is from our good friend suphakit73.
The photograph is from our good friend suphakit73.
English Language Requirement for Family Members
16/12/11 15:13 Filed in: English
The legal challenge against the English language requirement supported by Liberty and the Joint Council for the Welfare of Immigrants in the case of R(Chapti) v SSHD [2011] EWHC 3370 (Admin) 16 December 2011 failed.
Permission to appeal to the Court of Appeal was granted. The court however did decide that Article 8 (family life) of the European Convention on Human Rights will always be engaged in cases involving the refusal of entry clearance/leave to remain applications involving spouses. Also, it may be arguable that the English language requirement would be a disproportionate interference in that Article 8 protection but it will depend on the individual facts of each case.
More when we have it.
Permission to appeal to the Court of Appeal was granted. The court however did decide that Article 8 (family life) of the European Convention on Human Rights will always be engaged in cases involving the refusal of entry clearance/leave to remain applications involving spouses. Also, it may be arguable that the English language requirement would be a disproportionate interference in that Article 8 protection but it will depend on the individual facts of each case.
More when we have it.
Campaign to end detention of refugee and asylum-seeking children
16/12/11 13:22 Filed in: Detention
A campaign to urge States to pledge to end the detention of refugee and asylum-seeking children took place during a Ministerial meeting of UN Member States 7 – 8 December. Those involved in the campaign includes 50 NGOs including ECRE Members, national Amnesty International sections and IDC Members in Austria, Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Netherlands, Norway and Poland.
Unsurprisingly, the UK government does not support the campaign.
All those that do firmly believe that children, and in particular unaccompanied or separated children, should never be detained solely for immigration purposes given that immigration detention cannot be said to be in their best interests.
The campaign continues.
Unsurprisingly, the UK government does not support the campaign.
All those that do firmly believe that children, and in particular unaccompanied or separated children, should never be detained solely for immigration purposes given that immigration detention cannot be said to be in their best interests.
The campaign continues.
Lindholme Immigration Removal Centre Closure
15/12/11 12:33 Filed in: Detention
Lindholme IRC, located approximately 10 miles north of Doncaster, is part of Lindholme Prison and is run by the Prison Service. The UK Border Agency leased the centre in 2000 in order to detain adult males over the age of 21. Following a request by the Prison Service for the UK Border Agency return Lindholme IRC back to them a managed reduction in the numbers of detainees will take place during a wind-down of the centre. The aim is to close the centre by 31 January 2012.
Detainees will not be released, but will instead be transferred to other centres.
Detainees will not be released, but will instead be transferred to other centres.
Justice Hale on the Legal Aid Cuts
13/12/11 14:19 Filed in: Legal Aid
Brenda Hale, Justice of the Supreme Court of the UK, gave a opening speech at the Law Centres Federation Annual Conference 2011 which she used as platform to advise against the upcoming legal aid cuts.
She explained that the adversarial legal system that we have relies on the parties to the proceedings to present and prepare their own case. She highlighted the constitutional principle of access to justice and that legal aid is service which the state owes to its citizens as a matter of principle.
There was also the false economy argument, in that by continuing to provide legal aid allows a little advice to solve an individual’s problem(s) at the earliest opportunity without the need for court intervention. A few letters and a bit of advice can also save the government potentially more money than they are trying to save with the legal aid cuts as it avoids further issues developing. For example, a person with employment issues, if left unresolved, would then have housing and debt issues. By solving the employment issues it prevents those secondary issues developing.
The government accepts that the cuts will have a disproportionate impact upon women, ethnic minorities and people with disabilities - therefore they accept that it will hit the poorest and most vulnerable in society.
This is just a brief summary of Justice Hale’s speech. As I have no why given her speech the justice it deserves click here to read it in full.
She explained that the adversarial legal system that we have relies on the parties to the proceedings to present and prepare their own case. She highlighted the constitutional principle of access to justice and that legal aid is service which the state owes to its citizens as a matter of principle.
There was also the false economy argument, in that by continuing to provide legal aid allows a little advice to solve an individual’s problem(s) at the earliest opportunity without the need for court intervention. A few letters and a bit of advice can also save the government potentially more money than they are trying to save with the legal aid cuts as it avoids further issues developing. For example, a person with employment issues, if left unresolved, would then have housing and debt issues. By solving the employment issues it prevents those secondary issues developing.
The government accepts that the cuts will have a disproportionate impact upon women, ethnic minorities and people with disabilities - therefore they accept that it will hit the poorest and most vulnerable in society.
This is just a brief summary of Justice Hale’s speech. As I have no why given her speech the justice it deserves click here to read it in full.
Seraphus' Insurance
17/10/11 10:03 Filed in: About Seraphus
Our indemnity insurance is now provided by Alpha Insurance of . The policy number is 11SOL13549-41462-10924A11. The insurance was placed by Towergate Risk Solutions. Click here for further information.
The boy Mir
14/09/11 09:11 Filed in: Events
The Royal Geographical Society are screening a movie called ‘The Boy Mir’ on Wednesday, 28 September 2011. The film follows Mir’s real life story in Afghanistan over the last 10 years, starting at 8 years old. The screening on Wednesday is the UK premier, and doors open at 6:30 pm with the screening commencing at 7:00 pm.
For more details and for the box office click here.
For more details and for the box office click here.
Tier 4 Sponsors, Highly Trusted Sponsorship Guidance
12/09/11 13:42 Filed in: Tier 4 Sponsors
On 18 July 2011 the UKBA published proposed criteria to become a Highly Trusted Sponsor (HTS) under Tier 4. Following comments on that proposal the UKBA published new guidance covering:
Sponsors who need to apply to the Quality Assurance Agency (QAA) and Independent Schools Inspectorate (ISI) must have done so by Friday 9 September 2011 otherwise they can no longer sponsor new students.
Details of the guidance can be found on the UKBA website by clicking here.
- Sponsorship, including the date by which sponsors must apply for HTS;
- What happens to those sponsors who don't apply for HTS, or who fail;
- Details of the transitional arrangements;
- Details of the educational oversight of the HTS;
- Reducing the sponsor ratings to 'A' and 'Highly Trusted'.
Sponsors who need to apply to the Quality Assurance Agency (QAA) and Independent Schools Inspectorate (ISI) must have done so by Friday 9 September 2011 otherwise they can no longer sponsor new students.
Details of the guidance can be found on the UKBA website by clicking here.
Legal Aid, Sentencing and Punishment of Offenders Bill
08/09/11 20:06 Filed in: Legal Aid
The Legal Aid Bill aims to cut funding to legal aid and for some areas, such as immigration cases, remove funding for them completely. The Bill went through the Public Bill Committee on 06 September 2011.
There was no discussions relating to the removal of funding for immigration cases, and it appears that many want to avoid the word 'immigration' completely. That said, there was acceptance that there may be 'advice deserts' where some areas will have no to specialist lawyers. The closure of the RMJ and the IAS were highlighted as examples of that.
The Minister pointed out that immigration tribunals 'are designed to be user-friendly and interpreters are provided free of charge' as a way of countering the restriction to legal aid in such cases. He went on to make a point that legal aid will be retained for 'domestic violence immigration cases, cases before the Special Immigration Appeals Commission and immigration detention cases, including advocacy before the tribunal.'
The full debate and written submissions from concerned organisations, individuals and companies can be found here.
Also, if you're interested how a bill for a new law, or a proposal to change an existing law, is presented for debate click here.
There was no discussions relating to the removal of funding for immigration cases, and it appears that many want to avoid the word 'immigration' completely. That said, there was acceptance that there may be 'advice deserts' where some areas will have no to specialist lawyers. The closure of the RMJ and the IAS were highlighted as examples of that.
The Minister pointed out that immigration tribunals 'are designed to be user-friendly and interpreters are provided free of charge' as a way of countering the restriction to legal aid in such cases. He went on to make a point that legal aid will be retained for 'domestic violence immigration cases, cases before the Special Immigration Appeals Commission and immigration detention cases, including advocacy before the tribunal.'
The full debate and written submissions from concerned organisations, individuals and companies can be found here.
Also, if you're interested how a bill for a new law, or a proposal to change an existing law, is presented for debate click here.
Online Visa Applications
07/09/11 09:33 Filed in: Entry Clearance
From 10 September 2011 all visa applications from the following countries must be made using the electronic online application system found at Visa4UK site:
From 11 September 2011 the same applies for the following countries:
Paper applications will no longer be accepted.
- Oman
- Saudi Arabia
From 11 September 2011 the same applies for the following countries:
- Bahrain
- Qatar
- Kuwait
- United Arab Emirates
Paper applications will no longer be accepted.
Article 1F of the Refugee Convention and Discretionary Leave
06/09/11 10:53 Filed in: Asylum
Article 1F excludes certain individuals from full refugee status, and the protections that come with that status. Those excluded include:
From 02 September 2011 a person that falls under this exclusion but who cannot be returned because of potential breaches to their Article 3 human rights protection will be granted a new restrictive discretionary leave on the following basis:
The full guidance can be found by clicking here.
- Persons who have committed a crime against, peace, a war crime, or a crime against humanity;
- Persons who have committed a serious non-political crime; or
- Persons guilty of acts contrary to the purposes and principles of the United Nations.
From 02 September 2011 a person that falls under this exclusion but who cannot be returned because of potential breaches to their Article 3 human rights protection will be granted a new restrictive discretionary leave on the following basis:
- the leave will be issued for a maximum of 6 months at any one time;
- there may be conditions restricting employment or occupations in the UK including restrictions on the individual working / volunteering a particular regulated / professional field.
- there may be conditions prohibiting education;
- there may be residence restrictions;
- there may be conditions requiring the person to report at regular intervals;
- there may be restrictions on the individual working / volunteering a particular regulated / professional field.
The full guidance can be found by clicking here.
Tier 4 Students and Working
05/09/11 12:58 Filed in: Tier 4
There has been some confusion surrounding the UKBA's guidance on what type of employment a student can or cannot undertake.
Students are not meant to fill a full-time permanent vacancy but they can work full time during the vacation period and on completion of their course. Seems contradictory doesn't it? Well the UKBA have suggested some further guidance to clear that up:
However, just to make it a little more complicated, casual work - such as bar work - would not be deemed a full-time permanent vacancy.
Whilst the student is awaiting a decision on an application to move from being a student to another category / employment route they must still comply with the above conditions until such time that application is approved and they are no longer a student.
If you have any questions relating to the above points, please do not hesitate to contact us.
Students are not meant to fill a full-time permanent vacancy but they can work full time during the vacation period and on completion of their course. Seems contradictory doesn't it? Well the UKBA have suggested some further guidance to clear that up:
- A full-time permanent vacancy would cover any full-time post that is permanently on a companies staffing group.
- What is and isn't full-time is dependent on the specific post on offer and not the contract type.
- For example, a manager that is required in the office on a permanent basis would be a full-time permanent post, but an assistant or secretary to that manager required in the office to complete a particular project would not be, and a student can fill that post.
However, just to make it a little more complicated, casual work - such as bar work - would not be deemed a full-time permanent vacancy.
Whilst the student is awaiting a decision on an application to move from being a student to another category / employment route they must still comply with the above conditions until such time that application is approved and they are no longer a student.
If you have any questions relating to the above points, please do not hesitate to contact us.