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The decision maker must determine on the balance of probabilities whether the asylum seeker has a characteristic which could cause them to fear persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, and if they do in fact fear such persecution in their country of nationality as a result of that characteristic.

The decision maker must determine on the balance of probabilities whether the asylum seeker has a characteristic which could cause them to fear persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, and if they do in fact fear such persecution in their country of nationality as a result of that characteristic.

Following the second reading of the Digital Devices (Access for Next of Kin) Bill in parliament, We Here at Shawstone Associates explain and go through whether you access someone’s digital assets when they die. What is the Digital Devices (Access for Next of Kin)...

April 2022 marks the beginning of a major turning point within family law. The Courts have now introduced ‘no fault divorce’ now aimed at reducing conflict between separating couples, essentially.ending the ‘blame game’. The Divorce, Dissolution and Separation Act...

In most recent news, tensions have been rising between Ukraine and Russia in their recent border conflict. On the 24 February 2022, Russia launched their attack on Ukraine, and as a result many Ukrainian nationals have been forced to flee their homes. Many Ukrainian...

ACRS and the ARAP: What’s the difference? ARAP Scheme The ARAP scheme (Afghan Relocations and Assistance Policy started on 01 April 2021 and aimed to offer priority individuals relocation to the UK. Priority individuals are defined as any current or former member of...

The UK government announced that a new category of social care workers is being added to the Health and Care visas and the Shortage Occupation list in December 2021. This change comes into force from February 2022. The home office then went on to confirm this news, as...

Like many human rights and refugee aid lawyers, we at Shawstone have first-hand witnessed the impact trafficking experiences can have on asylum seekers in the UK. This is not helped by the fact that many victims are left waiting for months, if not years, before they...

What amounts to a ‘Fresh claim’ for permission to stay in the UK? These questions were re-considered and reviewed by the Upper Tribunal in R (Akbar) v Secretary of State for the Home Department (paragraph 353; Tribunal’s role) [2021] UKUT 260 (IAC). The Tribunal...

It’s a good week when you receive the news that your client has been granted his BRITISH NATIONALITY APPLICATION.  A client of ours came to us during the covid pandemic hoping for a miracle. He had very limited documents and little-to-no memory of his childhood and...

The new guidance surrounding early indefinite leave to remain (ILR) concessions, particularly for young adults (aged 18 or above and under 25 years) took effect for any new decisions made from 20 October 2021. It particularly targets applicants who may have entered...

Priti Patel has fallen under scrutiny in her promise to ‘curb’ the number of people arriving on UK shores by tagging asylum seekers arriving in small boats across the English Channel. Electronic tagging is a form of bodily surveillance and is usually preceded by an...

The Home Office requirements for applications under Appendix FM seem quite simple on the face of it, but this extensive document sets out a number of rules that may easily be overlooked.  Appendix FM is for applications to enter or remain in the UK on the basis of...

Like many human rights and refugee aid lawyers, at Shawstone we have watched in horror as the Taliban, taking their cue from the US troops withdrawal, have swept through Afghanistan. Every news channel across the world has confirmed that the Taliban have taken over...

No individual should be subjected to unnecessary and intentional violence. But unfortunately, we live in a world where people are not safe even within walls of their own homes. Domestic violence is an abhorrent crime that affects an estimate of 2.3 million adults in...

Spouse Visa Applications can either be quick and simple or the-end-of-the-world-difficult. To meet the Appendix FM rules, it is absolutely crucial that one follows the guidance to the T and provides the home office with all the evidence and leaves no room for doubt....

Modern slavery is a human rights violation. The Human Rights Act 1998 was laid out in the European Convention on Human rights. It sets out basic rights that every individual is entitled too. These include: Article 2 – the right to life, Article 3 – Freedom from...

Being separated from family is something we have all had to deal with since the pandemic has started, so we all know how lonely it can be to not have our loved ones around us. Now think about this, think about just how difficult it must be for asylum seekers who have...

The UK Home Office introduced changes to the way migrants enter or remain in the UK for work purposes. The Immigration Rules Appendix Skilled Worker replaced the Tier 2 (General) route and has left many migrants questioning how this impacts them and their application...