Home Office drops study ban for under-18s and some adults

Legal Updates

In January 2018, the provisions of the 2016 Immigration Act regarding immigration bail came into force.

This changed the situation for people applying for immigration bail in order to be released from detention.

The changes also mean that the status of “temporary admission” no longer exists. From now on, any migrant lawfully in the UK without leave to remain (including asylum seekers) is technically on immigration bail.

This is very confusing, and is also now having an additional effect on people trying to access education while they seek the right to remain in the UK.

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Credibility in asylum claims

Legal Updates

Lack of credibility is the main reason that asylum claims are refused by the Home Office.

This means that the Home Office does not believe you have a well-founded fear of persecution – either because they don’t believe you are telling the truth about what has happened in the past, or that you are not really a member of a category of people that has been proved to be likely to face persecution.

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excerpt from the bail form

Bail accommodation

Legal Updates

Since January 2018, people held in immigration detention centres have no longer been able to apply for “Section 4” accommodation to be bailed (released) to. This accommodation was named after Section 4 of the Immigration and Asylum Act 1999, which provided a form of support to refused asylum seekers and also accommodation for people applying to be released from detention if this accommodation was necessary to avoid breaching their human rights.

The 2016 Immigration Act repealed this accommodation (with a provision brought in in January 2018), but provided the power for the Home Office to provide accommodation if the person would be deprived of liberty otherwise. To get this, you would need to show that you meet “exceptional circumstances” criteria.

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Detention centre walkway

Children taken into care as Home Office breaks own guidance on family separations

Legal Updates

The Guardian newspaper reported this weekend on a distressing story of three children aged eight, six and five, who were taken into care when the Home Office detained their father, Kenneth Oranyendu.

The three children, and the children’s mother, are British citizens. Their mother is currently in Nigeria, attending a family funeral. Mr Oranyendu does not currently have the right to remain in the UK, and the Home Office is attempting to deport him from the UK (he has completed a three-year criminal sentence).

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8 reasons to hate the new bail procedures

Legal Updates

This is a guest post by Tom Kemp. Tom is a member of SOAS Detainee Support and a PhD Student at Kent Law School. He is currently writing about anti-detention activism and political thinking in the everyday work of anti-border social movements.

Most of Schedule 10 of the Immigration Act 2016 were brought into force this month. Here’s 8 reason to hate them.

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Drawing of a bail hearing by video link

Changes to immigration bail as of 15 January 2018

Legal Updates

From 15 January 2018, the provisions of the 2016 Immigration Act regarding immigration bail come into force.

This means that the status of “temporary admission” no longer exists. Temporary admission was a status which allowed a person to be lawfully in the UK without being detained (before they have been granted leave to remain). Most people who claim asylum were given “temporary admission” while a decision was made on their case. The document that shows you have temporary admission is called an IS96. If you had been detained, you could apply to the Home Office for temporary admission, also known as temporary release, from detention. This had less conditions than bail, but was not often granted.

From now on, any migrant lawfully in the UK without leave to remain (including asylum seekers) is technically on immigration bail. This is extremely confusing because if you are then detained, you also apply for immigration bail in order to be released from detention.

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The family returns process

Legal Updates

Families enter the family returns process if all in-country appeal rights have been exhausted and the family has no legal right to remain in the UK, and “any outstanding documentation or other barriers can be resolved in parallel with the returns process” OR if a family has indicated that they wish to leave the UK voluntarily (under the assisted voluntary return for families and children scheme; or without assistance).

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Video: find out more about “signing support” for people at risk of detention

Legal Updates

Most people who have applied for asylum or other immigration status and have not had a positive decision have to regularly report at their local Home Office reporting centre or a police station. At every reporting visit, the person is at risk of detention, particularly if their application has been refused, which they may not know until they go and report.

This is why ‘signing support’ is such an important way of providing practical solidarity.

Find out more in this short film about the Bristol Signing Support group.

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