When is exploitation a “commercial activity”? Supreme Court decides Basfar v Wong

By Alison Harvey


Does exploiting a domestic worker through human trafficking and modern slavery constitute “exercising” a “commercial activity” for the purposes of the Vienna Convention on Diplomatic Relations 1961 such that it falls within the exception to a diplomat’s immunity from civil suit? When this arose several years ago in Al-Malki v Reyes [2017] UKSC 61, the Supreme Court did not find it necessary to decide the question. Basfar v Wong [2022] UKSC 20, decided today, raised the issue again. Ms Wong, a migrant domestic worker, brought an employment tribunal claim for wages and breaches of employment rights against Mr Basfar, a member of the diplomatic staff of the mission of the…

Home Office to offer extensions to people denied settlement
By Bilaal Shabbir


The Home Office has published guidance on when officials should vary an application for indefinite leave to remain and instead grant an extension of permission to stay (i.e. limited leave to remain). The stated rationale is to ensure that people who apply for settlement and don’t qualify, but who do qualify for limited leave to remain, are not left without immigration status. The guidance applies to settlement applications made under: Appendix Settlement Family Life Appendix Private Life Appendix Innovator Appendix FM Appendix Hong Kong British National (Overseas) When someone applies for settlement in one of these categories but falls foul of some requirement or other, the process for decision-makers is…

Job ad: immigration and public lawyer (maternity cover), ATLEU
By Free Movement


We are looking for a dynamic and committed individual to join our legal team as an Immigration and Public Lawyer (maternity cover for 12 months). This is an exciting role, offering significant opportunities for growth and development, to increase your immigration and public law experience and knowledge through working on emerging issues affecting victims of trafficking, with enormous potential for strategic litigation and effecting change for this hugely vulnerable group. Within ATLEU, lawyers are able to balance fee-earning work alongside opportunities to research and develop strategic challenges and share their knowledge through developing and delivering training and second-tier advice. This approach offers both excellent skills development and career progression as…
Section 3C leave is not there to get people to ten years’ lawful residenceBy Alex Piletska on Jul 05, 2022 08:00 am

calendar dates paper scheduleMarepally v Secretary of State for the Home Department [2022] EWCA Civ 855 is yet another long residence case, this time concerning a defective refusal notice. The appellant wanted to rely on the defect to argue that he had achieved ten years’ continuous lawful residence in the UK by operation of section 3C of the Immigration Act 1971. The Court of Appeal found that he had fallen a few weeks (if not a few years) short, and noted in passing that “the purpose of section 3C… is not to enable persons to be able to rely on continuations of leave for the purpose of building up 10 years’ continuous lawful…

What we’re listening to and reading this week
By Phoebe Warren


A compilation of top content on UK immigration law and policy, updated weekly. UK Home Office plans second flight to deport asylum seekers to Rwanda – Guardian, 3 July Tory rebels plot to sink Priti Patel’s Rwanda plan amid court delay fiasco – Sun, 3 July Home Office recruiting 40 social workers to its new asylum age assessment body – Community Care, 3 July Labour shortfall leading to ‘catastrophic’ food waste, UK farmers warn – Financial Times, 3 July (£) A story of Home Office incompetence – @maybulman on Twitter, 1 July One Year After the Deadline: the EU Settlement Scheme – UK in a Changing Europe, 30 June Patel briefs Pannick: Home Secretary…
WHAT WE’RE READING
Post-Brexit visa rules a ‘disaster’ for arts, says Edinburgh festival director – Guardian,

What have the Tory party leadership candidates said about refugees and the Rwanda plan? – @BennnyH on Twitter,

Priti Patel’s plan to end Channel crossings in disarray as navy threatens to ‘walk away’ – Observer,

“Whenever I tell people I’m an immigration lawyer, I get a certain reaction” – Shado Mag,

UK Home Office launches new assault on the rights of modern slavery survivors – openDemocracy,

Thread of important updates to #immigration guidance over the past week, which saw key parts of the Nationality and Borders Act coming into force – @ILPAimmigration on Twitter,

New deal with Nigeria to deter illegal migration – Home Office,

Galvanisers wanted: post-Brexit worker shortages strain UK employers – Reuters,

Home Office ‘undermining immigration watchdog’s legitimacy’ by failing to implement recommendations – Independent,
FORUM UPDATES

Can applicant apply for ILR on the basis of 276ADE(1) under 5 year route? 11/07/22 11:56 AMReply To: Category A or Category B 11/07/22 08:10 AMReply To: Category A or Category B 11/07/22 08:05 AMReply To: Category A or Category B 11/07/22 07:31 AMReply To: Category A or Category B 11/07/22 04:25 AMReply To: Category A or Category B 11/07/22 03:20 AMReply To: Registration as British citizen 11/07/22 03:08 AMReply To: Category A or Category B 11/07/22 01:54 AMReply To: Registration as British citizen 11/07/22 01:41 AMRegistration as British citizen 10/07/22 09:18 PM
On gov.uk:
Guidance: Apply for a Ukraine Family Scheme visa 11/07/22 11:41 AMGuidance: Register of licensed sponsors: workers 11/07/22 11:11 AMGuidance: Register of licensed sponsors: students 11/07/22 11:11 AMGuidance: Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine) 11/07/22 09:46 AMGuidance: Prove your English language abilities with a secure English language test (SELT) 08/07/22 04:26 PMGuidance: India: country policy and information notes 08/07/22 11:55 AMGuidance: Visa decision waiting times: applications outside the UK 08/07/22 11:50 AMGuidance: Egypt: country policy and information notes 08/07/22 11:46 AMOn Twitter:New on Free Movement: Comprehensive Sickness Insurance no longer an issue in citizenship applications. https://t.co/OlWP6hJkcy11:30AMDoes exploiting a domestic worker through modern slavery constitute a “commercial activity” for the purposes of the… https://t.co/Eyp9x3ZKEq10:15AMJOBS: immigration lawyers, caseworkers and trainees, Barnes Harrild & Dyer. https://t.co/1Cikc4E2KN10:07AMRT @BennnyH: What have the Tory Party leadership candidates said about refugees and the Rwanda Plan? 👇8:05AMFree Movement is recruiting! We need a new editor / deputy editor (title and salary depending on experience); more… https://t.co/Ei6cAMZp0G8:00AM

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