A father whose British-born baby is being threatened with removal from the UK is urging the Home Office to be flexible with how it enforces rules on visas.
Massah, who is 13 months old, was born in the Midlands in April last year. Both her parents have been living legally in Britain since 2021 when her father came to study for a PhD from Jordan and her mother came as his dependant.
The threat to remove Massah comes after the family took a holiday abroad together in January.
Because Massah’s status wasn’t confirmed before the family left the country for the first time together, she technically re-entered the UK as a tourist and officials refuse to recognise the discrepancy.
Her parents have tried applying for a child-dependent visa for their daughter, but this month, they received a letter from the Home Office telling them their daughter “will be required to immediately leave the UK” and will have to re-apply for a visa from abroad.
The letter from the government goes on to state: “In the particular circumstances of your case, it has been concluded that the need to maintain the integrity of the immigration laws outweighs the possible effect on you/your children.”
Massah’s father, Mohammad, says he and his wife have faced sleepless nights. Despite their MP and lawyers trying to argue their case, so far they have made no further progress.
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‘What were net migration levels in 1066?’
They don’t want to have to take their baby to Jordan in order to re-apply due to the current instability in the Middle East and are concerned that, even if they did, the application could still be refused.
Mohammad tells Sky News that his daughter’s relationship with Britain will be forever changed: “I can’t imagine how I can tell her the story in the future that the country you [were] born asked you to leave while you [were] a year old.”
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He shows us the reams of paperwork he has accumulated to find a solution.
“I’m trying to fix everything. I don’t need to consider a one-year-old infant as an overstayer here,” he said.
A Home Office spokesperson told Sky News: “All visa applications are carefully considered on their individual merits in accordance with the immigration rules.
“We are working closely with the parents of this child to ensure they receive the support and direction they require regarding the application.”
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The tightening of the UK’s immigration policy has been a core commitment by the government in an effort to reduce the number of people coming to the country.
Statistics released on Thursday showed the net migration figure has dropped slightly, but it comes as the prime minister confirmed that the removal of asylum seekers to Rwanda will not take place until after the general election.
The Rwanda plan remains a central Conservative pledge, but voters will just have to trust that planes will start going without seeing any evidence before polling day.
The election campaign will be fought in part over the future of asylum seekers.
At one charity in Derby, people who came to Britain by small boat arrive still wearing the clothes given to them at a processing centre near Dover.
With Labour planning to scrap flights to Rwanda, there’s now the possibility that many asylum seekers living in fear will never have to face the possibility of being removed to the African nation.
But Damil, from India, is still anxious: “Maybe after [the] election we are happy with this because the Labour Party will be our next… I don’t know what is going on.
“Still, we are worried about these things. I’m scared about Rwanda and the election too.”
One man, who we’re calling Nahom, was detained and taken to a detention centre earlier this month.
Just a few days ago, he was informed he’d been selected for the first flight to Rwanda – in June.
He spoke to us on the phone from the removal site where he had been notified “on 24 June there will be the first flight to Rwanda”.
But when we reported Thursday’s announcement by Rishi Sunak, he said the message gave him “hope” for his situation: “If the Labour Party [win] there are no flights at all… It’s good news to hear.”
The prison service is starting to recategorise the security risk of offenders to ease capacity pressures, Sky News understands.
It involves lowering or reconsidering the threshold of certain offenders to move them from the closed prison estate (category A to C) to the open estate (category D) because there are more free cell spaces there.
Examples of this could include discounting adjudications – formal hearings when a prisoner is accused of breaking the rules – for certain offenders, so they don’t act as official reasons not to transport them to a lower-security jail.
Prisoners are also categorised according to an Incentives and Earned Privileges (IEP) status. There are different levels – basic, standard and enhanced – based on how they keep to the rules or display a commitment to rehabilitation.
Usually ‘enhanced’ prisoners take part in meaningful activity – employment and training – making them eligible among other factors, to be transferred to the open estate.
Insiders suggest this system in England and Wales is being rejigged so that greater numbers of ‘standard’ prisoners can transfer, whereas before it would more typically be those with ‘enhanced’ status.
Open prisons have minimal security and allow eligible prisoners to spend time on day release away from the prison on license conditions to carry out work or education.
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The aim is to help reintegrate them back into society once they leave. As offenders near the end of their sentence, they are housed in open prisons.
Many of those released as part of the early release scheme in October after serving 40% of their sentence were freed from open prisons.
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Overcrowding in UK prisons
They were the second tranche of offenders freed as part of this scheme, and had been sentenced to five years or more.
Despite early release measures, prisons are still battling a chronic overcrowding crisis. The male estate is almost full, operating at around 97% capacity.
Sky News understands there continue to be particular pinch points across the country.
Southwest England struggled over the weekend with three space-related ‘lockouts’ – which means prisoners are held in police suites or transferred to other jails because there is no space.
One inmate is believed to have been transported from Exeter to Cardiff.
A Ministry of Justice spokesperson said: “The new government inherited a prison system on the point of collapse. We took the necessary action to stop our prisons from overflowing and to protect the public.
“This is not a new scheme. Only less-serious offenders who meet a strict criteria are eligible, and the Prison Service can exclude anyone who can’t be managed safely in a category D prison.”
A prisoner who has served 12 years in jail for stealing a mobile phone was unable to attend a psychiatric assessment because of a lack of staff, his family claims.
According to psychiatrists, Thomas White has developed psychosis as a direct result of being handed a controversial indefinite jail term called imprisonment for public protection (IPP), which was abolished in 2012.
Ms White said her brother, who experiences religious hallucinations, was placed in segregation and needed three prison staff to release him from his cell – but they were not available due to staff shortages.
Sky News understands that Lord Blunkett, the former Labour home secretary who introduced the IPP sentence but now campaigns for reform, has asked prisons minister Lord Timpson to investigate.
What are IPP sentences?
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Thomas White, now aged 40, was one of more than 8,000 offenders who were given an IPP sentence – a type of open-ended prison sentence the courts could impose from 2005 until they were scrapped.
The sentence – which has been described as a form of “psychological torture” by human rights experts – was intended for serious violent and sexual offenders who posed a significant risk of serious harm to the public but whose crimes did not warrant a life term.
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Although the government’s stated aim was public protection, concerns quickly grew that IPP sentences were being applied too broadly and catching more minor offenders, partly due to the fact that previous convictions were taken into account when determining whether someone posed a “significant risk”.
Thomas was sentenced to two years for stealing the mobile phone in a non-violent exchange back in 2012 – but because he had 16 previous convictions for theft and robberies, he was given an IPP sentence and has served 12 years.
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What is an IPP sentence?
The coalition government scrapped the sentence in 2012, but the change was not applied retrospectively, meaning 2,852 prisoners remain behind bars – including 1,227 who have never been released.
The new government is under increasing pressure to act on the IPP crisis given they were introduced by Lord Blunkett – who has since said he feels “deep regret” about the way the sentence was used.
‘My brother is being seriously failed’
In an email to Lord Blunkett, seen by Sky News, Ms White said: “My brother had a psychiatric appointment on the 1 November to see if he could be admitted to an outside hospital as he has to have two signatures to be transferred to an outside hospital.
“The system is nothing but criminal – people like my brother are being seriously failed.
“We waited a long time to have Thomas assessed again by the psychiatrist. We more than likely won’t get the assessment again.”
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Inside the lives of IPP prisoners
James Frith, the Labour MP for Bury North, said: “Thomas’ case highlights why these sentences were abolished over a decade ago.
“Thomas’s indefinite imprisonment has had a hugely detrimental impact on his mental and physical wellbeing. Thomas should be a patient, not a prisoner.
“We know the prison system is underfunded and overcapacity, but this is no excuse for failing Thomas. I have been working with Clara, Thomas’ sister, and I have written to the Lord Chancellor to raise Thomas’s case and the wider issues of IPPs.
“Thomas has been denied appropriate assessment and care for too long, we will not give up this fight for what is right.”
The Ministry of Justice does not comment on individual medical cases.
It is understood Lord Timpson will respond to Lord Blunkett in due course.
An extra £500m of additional funding will be given to neighbourhood policing, the home secretary is set to announce.
Yvette Cooper will also lay out plans for a new unit to improve the performances of police forces across the country to end the “postcode lottery” of how effectively crimes are dealt with.
The Home Office says the unit will directly monitor police performance in areas prioritised by the government, including tackling violence against women and girls and knife crime.
The home secretary will make the announcements in her first major speech at the annual conference of the National Police Chiefs’ Council and Association of Police and Crime Commissioners on Tuesday.
Ms Cooper is expected to say: “Public confidence is the bedrock of our British policing model but in recent years it has been badly eroded, as neighbourhood policing has been cut back and as outdated systems and structures have left the police struggling to keep up with a fast-changing criminal landscape.
“That’s why we’re determined to rebuild neighbourhood policing, to improve performance across police forces and to ensure the highest standards are being upheld across the service.
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“The challenge of rebuilding public confidence is a shared one for government and policing.
“This is an opportunity for a fundamental reset in that relationship, and together we will embark on this roadmap for reform to regain the trust and support of the people we all serve and to reinvigorate the best of policing.”
As well as the new government performance unit, ministers also hope to improve the relationship between the public and the police by standardising and measuring police response times – something that is not currently monitored.
In the aftermath of the summer riots, sparked by the Southport stabbings on 29 July, Ms Cooper said respect for the police needed to be restored after the “brazen abuse and contempt” shown by the perpetrators.
She said too often people feel “crime has no consequences” and that “has to change” as she promised to restore confidence in policing and the criminal justice system.
Dr Rick Muir, director of policing thinktank the Police Foundation, said: “A serious reform programme like this in policing is long overdue.
“Too often in the past, officers at the frontline have been let down by outdated technology, inadequate training and inefficient support services.
“Until these issues are addressed, the public won’t get the quality of policing they deserve.”