Senior practitioners @slatter_alexis@jamildhanji & @saraanzani are live now with their webinar exploring the new post-Brexit immigration rules on non-EU asylum asylum claims under the new “Third Country Rules”
@saraanzani is starting off by looking at the Secretary of State's stated rationale for the changes which includes the intention to treat certain asylum claims as inadmissible
@saraanzani is now taking us through the new Immigration Rules and notes that "exceptional circumstances" under para 345A(b) and "connection" to a third country are not yet defined
@saraanzani whether a country is a "safe third country" is factually specific to the individual and not a list of countries deemed safe but a country can be a "safe third country" for these purposes even if the asylum seeker did not pass through it en route to the UK
@slatter_alexis is now taking us through the policy background to these changes - these rules are a response to the UK's decision not to continue with the Dublin system and the UK now lacking access to the Eurodac fingerprint database post-Brexit
The HO policy goes further than the Rules according to @slatter_alexis - the Rules don't apply to children and #humanrights claims cannot be treated as inadmissible but the policy states that they will be considered for certification as 'clearly unfounded'
Significant that if removal cannot take place within a reasonable period of time then an asylum claim will be substantively considered. "Reasonable period of time" is not defined in the Rules but the policy refers to 6 months as a "long-stop" @slatter_alexis
Voluntary disclosure at screening interviews are likely to be used to identify possible inadmissibility and @slatter_alexis explains that there doesn't appear to be an opportunity to make representations on admissibility before a decision is taken
@jamildhanji is taking a step back to explore how these changes might operate in practice with reference to the #newplan for immigration announced yesterday
@jamildhanji explains that without Eurodac, immigration officers will be left with the account of the asylum seeker and any documents that the person has on them including receipts
Time starts to run for reasonable time to removal and the 6-month long-stop from when there is a disclosure that there might be a safe third country for a person to be returned to, not from when a person claims asylum. This time pauses where there is an NRM referral @jamildhanji
Although its early days, @jamildhanji is flagging the possible areas for challenge
@jamildhanji explains that yesterday's #newplan for immigration appears to include aspects that make it more likely that immigration will be "on the table" in future trade agreements
@jamildhanji explains that the introduction of "temporary protection" is particularly concerning and is likely to be cruel as it will involve placing people in perpetual limbo because of the manner in which a person made their asylum claim
That’s it for today folks! Thank you @slatter_alexis, @saraanzani & @jamildhanji for that fantastic webinar! If you have any questions please feel free to send them to Events@goldsmithchambers.com or to our team clerks at immpublic@goldsmithchambers.com
This webinar was recorded so don’t worry if you missed it, you’ll be able to catch up when it goes live on our website shortly at goldsmithchambers.com/category/news/
Please note that all previous webinars in this series are also available now!
Starting SOON - Article 8 Case-Law Update Webinar at 12pm! Come & join @amarjitseehra & @jamildhanji in your lunch-break for plenty of updates and food for thought to help you prepare claims & challenge any refusals in Article 8 cases - eventbrite.co.uk/e/webinar-on-a…
Senior practitioners @AmarjitSeehra and @JamilDhanji are live now with their webinar giving us all a much needed Article 8 Update
@AmarjitSeehra will start by considering whether “insurmountable obstacles” under EX.1(b) is an insurmountable test and is taking us through the nuts and bolts of the rules that lead us to an assessment under EX.1
Jane Heybroek @0Calamity going live now with a crucial webinar on how to run Afghan protection claims. If you've missed it now, the recording will be available for viewing in the next few days. Watch this space!
@saraanzani now taking us through the “unduly harsh” test and how this has been interpreted for those facing deportations who have qualifying child(ren)/partners in UK...
5 Minutes before we start our Windrush Workshop with our very own @EmmaHarrisBar & @JacquiMckenzie6 - to help legal practitioners identify potential Windrush Claimants and the status they might be eligible for. Book here👉: lnkd.in/eSXmFZC
Our @EmmaHarrisBar introduces the workshop with @JacquiMckenzie6 starts by taking us through the history of the BN and status of Aliens Act 1914
CUKC and Commonwealth Citizens under the BRitish Nationairy Act 1948 is explained by @EmmaHarrisBar