Today I am going to be talking about the effect of the Nationality and

Borders Act 2022 on asylum seekers – this has been in the news recently –

both with the cancelled Rwanda flight and the proposed “tagging” of asylum seekers.

If you are thinking of claiming asylum or making a fresh asylum claim then do get in touch as soon as possible as the current changes are quite extreme and very hostile as everyone knows.

As of 28 April 2022, the Nationality and Borders Act had been enacted and has been touted as one of the largest reforms of the immigration system in the UK.

This is especially true for asylum seekers as now that Brexit has granted Parliament complete sovereignty and can now grant asylum seekers leave of less than 5 years as was the requirement under EU law.

The Nationality and Borders Act has created a two-tier system where asylum seekers may be treated differently based on their actions.

Group 1 refugees are classed as those who enter the UK via lawful means and Group 2 would cover those who enter the UK through clandestine means of entry.

Group 1 refugees are those that arrive in the UK:
1. directly from a country or territory where their life or freedom was threatened, and;

1. they have presented themselves without delay to the authorities.

Group 2 refugees are those that do not meet the aforementioned criteria and the Nationality and Borders Act gives the Home Office the ability to treat these two groups differently in relation to:

1. the length of any period of limited leave to enter or remain;

1. the requirements that must be met to be given indefinite leave to remain;

1. whether the condition to maintain and accommodate themselves and any dependents without recourse to public funds is attached to any period of limited leave to enter or remain given;

1. whether leave to enter or remain is given to members of the refugee’s family.

What is crucial to note is that there will be a change coming to the Immigration Rules, specifically paragraph 339 QA which will be enforced from 28 June 2022.

This change will allow the Home Office to grant Group 1 refugees the standard 5-year period of leave to remain

and those that fall into Group 2 will be granted leave to remain for a period of 2 and a half years.

Those in Group 2 will then have to apply for asylum again – this will entail a reassessment of the facts and a potential refusal where they had previously been accepted.

What this means is that the Home Office are in turn creating further work for themselves,

this will undoubtedly materialise into increased delays in processing times and add to an increasingly abysmal immigration system.

This also sends the message to asylum seekers that the Home Office will remain suspicious of you despite you proving your case.

There is a further reform to the standard of proof required to prove your asylum case.

Previously, an individual would need to prove that there was a ‘reasonable likelihood’ that they would be persecuted in their home country and has been upheld for 34 years since the case of R v SSHD, Ex parte Sivakumaran [1988] AC 958.

The Home Office would merely have to be able to ‘accept’ the truth of the account.

As of 28 June 2022, the Nationality and Borders Act will bring into force a two-limb test where the first limb is decided on ‘the balance of probabilities’ – a more stringent test where it must be decided that an applicant:

#amnesty #ukimmigrationamnesty #lhostileenvironment #covid-19 #echr #paulturner #brexit #feewaiver #amnesty #immigrationscandal #ilr #ho #uktheimmigrationbarrister #uppertribunal #firstiertribunaalrules #ukimmigration #paperhearings #ets #blacklivesmatter #imperiumchambers #pritipatel #ukworkvisa #newpbs #windrush, #coronavirus #borisjohnson #pritipatel#imperiumchambers #ukimmigration #COVID-19 #ukvisacenter #detention #windrushgeneration #ukimmigrationamnesty #homeofficeracism #racism #ukvisarefusal #ukvisaaccepted #windrushlessonslearned #highcourt #ukimmigrationdetention #appealscandal #ukvisadone #hodiscrimination #toeic #applicationfeewaiver #omar #liggison #paulturner #ukvisaappeal #visa #visauk #ukvisa #coronavirus #homeoffice #ukamnesty #ukimmigrationdiscrimination #hopolicies #hocoronavirus #immigrationadvice #ukimmigrationnews #ukimmigrationaappeals #pritipatel #borisjohnson #lowskilledmigrants #nhs #nhsheroes #moderndayslavery #humantrafficking #appg #appgNapier #muslim #pork #quarantinehotel #Albania #kosovo #passport #britishnationality,#deception #igr #intergraduateroute,#student #studentrighttoremain, #datasharing #enforcement #migrantremoval #hoenforcement #jamaica #deportationflight

source