Personal Immigration

Immigration law update for 13 July to 19 July 2019

Welcome to the Richmond Chambers immigration law update for the week of 13 July to 19 July 2019.   Highlights this week include updated guidance for Turkish ECAA business and employed applications, new Tier 2 and 5 Sponsor Guidance and three new judgments from the Court of Appeal on exclusion from refugee status, legitimate expectation in the context of deportation and the powers of the Secretary of State to detain those who suffer from mental health conditions pending removal from the United Kingdom.

Application process and practice

18.7.2019: News Story: Sky News: New migrants to be tracked by digital IDs post-Brexit, leaked Home Office documents reveal.

13.7.2019: ILPA (membership required): TLScontact have introduced a Settlement Scanning Service  which offers settlement visa customers (overseas) applying in a TLScontact location, their sponsors and their legal representatives the option to submit supporting documents at a UK Settlement Scanning Hub in London.  

Asylum process and practice

18.7.2019: Guidance: India: updated country policy and information notes.

18.7.2019: News Story: EIN: Refugee Council and ASAP welcome significant improvements in new Home Office domestic violence guidance.

17.7.2019: Case-Law: MAB (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 1253:  Whether it was open to the First Tier Tribunal to conclude that the appellant doctor was excluded from protection by the Refugee Convention on the ground that the medical assistance he gave to victims of torture, knowing that some of them might be tortured again, meant that he was complicit in their torture and thus liable for a crime against humanity.  The Court of Appeal held that Article 1F of the Convention has to be applied with caution. It requires “a close examination of the facts” and “a carefully reasoned decision as to precisely why the person is excluded from protection under the Convention”. The First Tier Tribunal did not carry out a sufficiently “detailed and individualised examination of the facts” to support the conclusion of complicity which they reached.  Appeal allowed.

17.7.2019: Guidance: Turkey: updated country policy and information notes.

17.7.2019: Guidance: Ukraine: updated country policy and information notes.

16.7.2019: Guidance: Domestic abuse: responding to reports of domestic abuse from asylum seekers. Guidance on what caseworkers must do where an asylum seeker reports an incident of domestic abuse while their asylum claim is being considered.

16.7.2019: Guidance: Asylum policy bulletins: Asylum policy guidance replacing previous policy bulletins on asylum support.

15.7.2019: News Story: Guardian: Home Office lied to EU states so it could deport slavery victims, say whistleblowers. It is claimed that the third country unit, now renamed Dublin cessation unit (DCU), lied to EU member states to remove victims of human trafficking and modern slavery in breach of European law.

British nationality law

15.7.2019: Guidance: Form MN1: Guidance: Guidance to register a child under 18 as a British citizen.

Enforcement, detention, removal and deportation

18.7.2019: Case-Law: MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252:  The Appellant was married to a British citizen and had six children.  He had a conviction for manslaughter for which he had been sentenced to a term of 4 years imprisonment.  In October 2012 the respondent decided not to take any deportation action. Then, in August 2016, the respondent decided to deport him, even though no further offence had been committed.  The Court held that there was no legitimate expectation that the respondent would not deport the appellant unless he committed a further offence or came to the adverse notice of the respondent and the changes in the law following the introduction of the Immigration Act 2014 were sufficient to entitle the respondent to review the appellant’s position and form a view as to whether the circumstances fell within s.117C(6).  Appeal dismissed.

16.7.2019: Case-Law: ASK, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 1239:  Linked appeals concerning the powers of the Secretary of State to detain those who suffer from mental health conditions pending removal from the United Kingdom.

European Union law, EEA free movement, settled status and Brexit

18.7.2019: Guidance: EU Settlement Scheme: evidence of UK residence.

15.7.2019: News Story: Guardian: Flawed Home Office app stops EU citizen getting settled status. Technical problem detected in Home Office Brexit app for EU citizens.

Family Migration

16.6.2019: ILPA: Call For Evidence: ILPA has issued a call for evidence and feedback on UKVI’s work regarding Family & Human Rights and The Service & Support Centre Network by close of play on Tuesday 30th July 2019.

Immigration control and the hostile environment

18.7.2019: News Story: Independent: Home Office revoked tens of thousands of visas using ‘misleading, incomplete and unsafe’ evidence, official report reveals.

18.7.2019: Opinion: Guardian: Africans arriving here are all assumed to be fleeing – but it’s the UK that risks losing out.

17.7.2019: News Story: EIN: Coalition of All-Party Parliamentary Groups publishes report on the difficulties and discrimination faced by African visa applicants.

16.7.2019: Report: Onward: Beyond the Net Migration Target.  The report argues that the new Prime Minister should replace the net migration target with a new system of migration control that is properly accountable to Parliament and which forces every Whitehall department to set out their migration impact annually. Under the plans, a new body, the Office for Migration Responsibility, would ministers to account for delivering on their own migration promises.

Independent Chief Inspector of Borders and Immigration

18.7.2019: Call for evidence: An inspection of the Home Office’s identification and handling of irregular arrivals and entrants. The Chief Inspector invites anyone with knowledge or experience of the Home Office’s identification and handling of irregular arrivals and entrants to submit evidence for his next inspection.

Migration Advisory Committee

17.7.2019: Transparency Data: Migration Advisory Committee meeting minutes 2019. Minutes of meetings held by the Migration Advisory Committee in 2019.

Points based system

18.7.2019: Explainer: The Royal Society: UK science and immigration: why the UK needs an internationally competitive visa offer.

16.7.2019: News Story: EIN: Entrepreneurs Network finds foreign-born entrepreneurs are making a massive contribution to the UK.  

Settlement

17.7.2019: News story: Life in the UK test contract awarded: PSI Services has been awarded the Life in the UK contract by the Home Office.

Sponsorship

17.7.2019: Guidance: Updated Sponsor Guidance: Sponsor a Tier 2 or 5 worker: guidance for employers.

Turkish Businesspersons and Workers

18.7.2019: Guidance: Updated Turkish ECAA business guidance for business applications under the Turkish EC Association Agreement.

18.7.2019: Guidance: Updated ECAA Turkish employed applications guidance on how applications are considered from Turkish workers for an extension of stay, after one year with the same employer.

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