Getting Immigration Advice
Table of Content
All we see, for example, are neutral statement like “the information available to the Home Secretary … has expanded during the life of this litigation” or “the Home Secretary revised her position” . As is often the case, the judges seem oblivious to the double standards of their expectations. It is not clear to me that the consideration required here is as detailed as under the old immigration rules. In other words, had the government waited for its own custom-designed law to take effect, it might have found removals were easier to carry out. The government would have needed to wait just three weeks; the decisions under challenge were made on or after 8 June 2022. The claimants needed to be afforded a chance to explain why they had not claimed asylum in countries through which they had passed and a chance to explain why Rwanda was not a safe country for them in particular.
It would normally be considered astonishing, then, that the actual decisions were so incredibly shoddy. It tells you everything you need to know about Priti Patel’s Home Office. Presumably, Patel ordered that removals take place immediately, insufficient preparation had been done and there was such a rush that mistakes were made. It is also surely irrelevant on the facts of the individual cases, given everyone had eventually been able to find a lawyer. This was due to superhuman and probably unrepeatable efforts of the charities and legal firms supporting the claimants, though. The judges held that it was not unlawful for the Home Secretary to make special provision for refugees coming from Ukraine and therefore there was no nationality discrimination.
1Home Office rejects IOPC advice to give immigration officers bodycams
These receipt notices can be presented with an expired Green Card as evidence of continued status while you await your renewed Green Card. Live Assistance—You may have to wait to speak to a representative by phone. If you want to speak to someone and your issue cannot be resolved right away, your request will be sent to an Immigration Services Officer.
There are significant differences in principle and in practice between the Dublin system and the Rwanda deal, but the basic idea is arguably comparable. There is simply no evidence to suggest that the UK-Rwanda agreement would act as a shield. This is uncharted territory and the agreement nowhere specifically provides for a right to protest or protection against ill-treatment. While, as discussed, there is no dedicated complaints number in place at this time, you can always contact the Home Office Complaints Allocation Hub – this is a centre for all complaints forwarded in writing, either via post or via email.
Family immigration
On top of that, the Home Office ignored or overlooked the representations that were made on behalf of several of the refugees. This was in part because Home Office managers had seen fit to allocated the cases simultaneously to to caseworking units in different parts of the country. Parts of the cases were worked by officials in Glasgow and other parts of the cases were worked by officials in Croydon . When material was sent to the Home Office to be considered, it was not properly shared between the two teams. But the court likes to have it both ways and goes on to find that the organisations bringing a general challenge to the policy either had no standing or were simply repeating points made by the individual claimants and should not have bothered.
Criticisms of the country information underlying the Home Secretary’s decision were also made by the Asylum Research Centre. Ultimately, the court declines to engage seriously with any of these criticisms on the basis that all the Home Secretary had to do was thoroughly examine available information. The court’s approach is to sidestep the issue rather than address it. If you need immigration advice so that you can live in the UK, you must use a trained adviser who is registered with OISC . Check your case status frequently and wait until your case is outside normal processing time per USCIS’ processing times page by selecting the form type and office location before reaching out to the USCIS Contact Center. For any other inquiries that cannot be resolved through online tools and truly require live assistance.
Get specialist immigration advice
Those removed would not be detained and would be treated in accordance with the UK-Rwanda agreement, so there was apparently nothing to protest about. They also had no opinions critical of the Rwandan authorities, so once more there was apparently no need for any protests. If you’re a British citizen, you can apply for a passport at any time for a fee via the GOV.UK website, via a local Post Office branch, or you can find out more by calling the Home Office directly. It can take up to six weeks for your first adult passport to be processed and delivered to you – meaning that you should always give yourself plenty of time to apply before you intend to travel. Requests to reschedule an ASC appointment in advance of the appointment date are among the categories of calls routed to live assistance through the IVR or “Live Chat” through Emma. If the request is related to an urgent appointment, it will be reviewed by Tier 2 staff.
Separate research by the University of Chicago Crime Lab last year showed that use-of-force incidents and costs to police departments and taxpayers also fell where bodycams were used. For what it is worth, I have always thought that a small number of people will be removed to Rwanda at some point. The other reason would be because the government runs out of time before the next election.
Find out how to see the personal information that UK Visas and Immigration holds about you. Use the Office of the Immigration Services Commissioner Adviser Finder to find a registered adviser near you. If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein, you might still be able to apply to the EU Settlement Scheme if you were living in the UK by 31 December 2020. You can apply if you have ‘reasonable grounds’ for not applying by the deadline - for example, you had an illness or were the victim of domestic abuse. Check if the adviser is registered and if they charge a fee before you use them.
The government might explore amending or lifting or simply ignoring the interim measure to enable removals to proceed even before the appeal process is concluded. The claimants also argued that the Refugee Convention imposes an implicit obligation on states to determine all asylum claims made within their jurisdiction. There is no explicit provision to this effect and the judges rejected the argument. The Refugee Convention was only the second UN convention negotiated and agreed — it came at the very start of the new era of international law — and it has to be said that it is a bit light on obligations and enforcement.
Looking to the past, the fact that a deal between Israel and Rwanda had led to refugees not being provided with support and departing from Rwanda shortly after arrival had not been investigated by the UK government. The High Court has concluded in the case of AAA and others v Secretary of State for the Home Department EWHC that the UK government’s Rwanda plan is lawful. The individual decisions in the case were inadequate and will need to be re-made, but that is no obstacle to the plan proceeding. Remember, by law, any immigration adviser or solicitor must be registered with OISC, so always check this.
If you have been affected by the incident in Dover on 30 October 2022 or any other terrorist incident this page contains information on where to seek advice and assistance following a terrorist attack. To help us improve GOV.UK, we’d like to know more about your visit today. Don’t worry we won’t send you spam or share your email address with anyone. The judges also rejected a legal argument on the interpretation of the Immigration Rules, which were, as ever, very badly drafted. The language was “somewhat awkward”, the judges concluded, but the meaning and intent was tolerably clear. One problem for the claimants here was that the Dublin system of returns has never been held to be contrary to the Refugee Convention.
The court held that they had been given an adequate opportunity on both fronts. Article 31, known as the non-penalisation clause, provides that penalties should not be imposed on refugees on account of their illegal entry or presence, subject to certain conditions being met. The claimants argued that removing people to Rwanda as a deliberate policy of deterrence amounted to a penalty. The judges observed that this opinion was on the face of it contradicted, at least to some extent, by previous public assessments of Rwanda by UNHCR . Public criticism of a country that hosts refugees is highly problematic because it risks the government taking the huff and disengaging from UNHCR. They have perhaps been hoist by their own petard here, because the judges cannot be expected to know this on their own and the lawyers representing UNHCR could hardly say this, nor perhaps could the lawyers representing the claimants.
You can use this webpage to find advisers in Bradford and check what level they are qualified to. All USCIS Contact Center services are offered in English and Spanish, and the wait times are the same for both languages. Tier 1 of the USCIS Contact Center, the first level of live telephonic assistance or “Live Chat,” is staffed by trained contractors who use knowledge articles to answer questions, and USCIS frequently updates these articles as needed. Most inquiries can be handled at Tier 1 or the agent will determine if Tier 2 needs to assist. The USCIS Contact Center wait times have increased due to a number of reasons, including decreased staffing levels, something USCIS is actively working to address. Other Online Tools—Check out all our online tools at uscis.gov/tools.
Suspended immigration advisers
The Refugee Convention is partially incorporated into UK law by section 2 of the Asylum and Immigration Appeals Act 1993, which provides that “nothing in the Immigration Rules shall lay down any practice which would be contrary to the Convention”. The claimants argued that the Rwanda plan was contrary to two provisions of the Refugee Convention. It is very important to seek legal advice about your case as soon as possible. Immigration advisers should only give you advice on things they are qualified to help you with.
Comments
Post a Comment