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The Secretary of State for the Home Department or the Home Secretary responsible for the Home Office.
The Secretary of State has prime responsibility for immigration control including for the laying before Parliament of immigration rules, the granting of and varying of leave to remain and for making deportation orders. The Secretary of State is also responsible for appointing immigration officers.
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Evidence and disclosure in judicial review proceedings―checklist This Checklist considers some of the key issues around evidence and disclosure that parties should consider before and during judicial review proceedings. It is intended to provide a starting point and is not exhaustive. Parties should keep in mind the relevant time limits and procedural requirements throughout. See Practice Note: Judicial review—time limits and the pre-action protocol. Party Action Considerations and steps Claimant Consider exercising statutory rights to information before writing a letter before claim Before writing a letter before claim, a claimant may be able to seek information from a public authority under the UK General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (the UK GDPR) (where they are the data subject), the Freedom of Information Act 2000 and/or the Environmental Information Regulations 2004, SI 2004/3391 (on environmental matters). For further information, see:—Data protection regime—overview—Freedom of information—overview—Environmental information regulation—overview Claimant Seek pre-action disclosure Claimants can request information and documents at the pre-action stage provided the request is proportionate and limited to...
Extradition from the UK (cat 2 request)—checklist This Checklist summarises the extradition process from the UK under Part 2 of the Extradition Act 2003 (EA 2003) and the key issues which need to be considered. This should be read in conjunction with Practice Note: Extradition under Parts 1 and 2 of the Extradition Act 2003—procedure which explains the procedure to be followed. For extradition under EA 2003, Pt 1, see: Extradition from the UK (cat 1 request)—checklist. Extradition to category 2 territories Where an extradition request is received from a non-EU country with which the UK has a bilateral treaty: • the request is received by the Secretary of State for the Home Department acting through the UK Central Authority at the Home Office (UKCA) • subject to a limited discretion under EA 2003, s 70(2), the Secretary of State must certify the request if it is stated to be for the purpose of prosecuting or punishing a person accused or convicted of an offence in a category 2 territory...
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A statement of policy or practice issued by the Secretary of State for the Home Department (SSHD), acting by UK Visas and Immigration, explains or expands on—but can never limit the scope of—an aspect of the law or Immigration Rules. It may take the form of a policy statement, guidance or staff instruction.There has been significant growth in Home Office reliance on such documents. Perhaps most notable is the area of sponsor licensing (both for work and study), where policy guidance is everything; there are no corresponding Immigration Rules applicable, and statute has only a limited role to play in the administration of the various licensing schemes. Another example is the published guidance on employer duties in the context of illegal working provisions, founded in statute and the subject of a particularly detailed policy statement. For further details, see the Sponsored work and Preventing Illegal working topics in Lexis+® UK Immigration.The principal check upon the scope of such guidance, which is amended frequently, is the usual public law duty to...
Statement of Changes in Immigration Rules, HC 309—analysis [Archived] This analysis considers the main changes to the Immigration Rules (the Rules) set out in HC 309. HC 309 was issued on 7 December 2017, along with an Explanatory Memorandum (EM). It covers: • the electronic issuing of entry clearance • controversial changes to the Rules relating to indefinite leave to remain (ILR) for main applicants and their dependants in work categories, in particular on how absences from the UK are to be treated • substantial amendments to the Tier 1 (Entrepreneur) sub-tier • amendments to Tier 1 (Exceptional Talent) including: ◦ increasing the Tier 1 (Exceptional Talent) limit to 2000 endorsements per year, with 1,000 of these to be allocated among the Designated Competent Bodies on a first-come first-served basis ◦ introducing provision for migrants endorsed under the exceptional talent criteria to apply for ILR after three years • amendments to Tier 2 (General), including: ◦ allowing Tier 4 (General) students to apply to switch into Tier...
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Immigration appeal bundle index—template In the immigration and asylum chamber [Insert Home Office, Port and appeal reference numbers as relevant] First-tier tribunal [Insert venue] Between: [Insert name of Appellant] Appellant – and – Secretary of state for the home department Respondent _________________________ Appellant’s bundle _________________________
Immigration appeal witness statement—template In the immigration and asylum chamber [Insert Home Office, Port and appeal reference numbers as relevant] First-tier tribunal [Insert venue] Between: [Name of Appellant] Appellant – and – Secretary of state for the home department Respondent __________________________ Witness statement __________________________ My name is [insert name]. My address is
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Where an company employee agrees to be an Authorising Officer on a company's sponsor licence what personal liability/risk are they opening themselves up to? Our Practice Note Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability confirms the legal basis for the rules which underpin sponsor licence system as follows: ‘In R (New London College Ltd) v Secretary of State for the Home Department (SSHD); R (West London Vocational Training College) v SSHD [2013] UKSC 51, [2013] 4 All ER 195 the Supreme Court held that the Immigration Act 1971 provides a general statutory authority for the SSHD to administer a sponsor licensing system, including vetting sponsors, via rules which do not require to be laid before Parliament. Only mandatory criteria which relate to a person's qualifying for entry clearance, leave to enter or leave to remain must be laid before Parliament as Immigration Rules’. The rules governing the licensing system are therefore contained in the various sponsor guidance documents issued, and periodically...
In light of R(A) v Home Secretary and R (Timson) v SSWP, how do the courts approach judicial review of administrative policies and guidance? This Q&A assumes that this is limited to the law in England and Wales. The decisions in R (on the application of A) v Secretary of State for the Home Department (A) and R (on the application of Timson) v Secretary of State for Work and Pensions (Timson) clarify the approach to be taken by courts when asked to rule on the lawfulness of the contents of policies or statements of practice issued by public bodies. Public bodies, including government departments, invariably maintain policies to guide their decision-making in particular cases. It has long been established that it is lawful to have a policy to guide decision-makers, for example, as to how a discretion is to be exercised, so long as the policy is not a fetter on discretion or applied inflexibly. In short, it is lawful to have and apply a policy or...
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Welcome to the 30 January 2025 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.
This week's edition of Local Government weekly highlights includes enhanced coverage on the Supreme Court judgment in The Father v Worcestershire CC, in which the father’s appeal against the care order placing his children in foster care, was dismissed, coverage of the Cabinet Office's final preparations for the Procurement Act 2023, which is set to go live on 24 February 2025 and expert analysis of the Court of Appeal judgment in Hussaini v Islington LBC. Case reports include the decisions in Sheffield CC v The Mother, on the Family Court's ruling that the child experienced significant harm due to parental neglect, meeting the threshold criteria under Section 31 of the Children Act 1989; (R (LR) v Coventry CC where the Court of Appeal quashed the local authority's support assessment for family, citing legal errors and failure to consider children's welfare; Tickle v The BBC concerning the Court of Appeal’s setting aside of an order anonymising judges in family proceedings due to lack of jurisdiction and procedural bias; R (MM) v...
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