Personal Immigration

Immigration law update for 20 July to 26 July 2019

Welcome to the Richmond Chambers immigration law update for the week of 20 July to 26 July 2019.  Highlights this week include a new decision from the Supreme Court on the right of permanent residence in the context of deportation, the (now former) Home Secretary has published a statement covering a range of immigration issues and the Court of Appeal has commented again on the complexity of immigration legislation.

Appeals, administrative review and judicial review 

25.7.2019: Case-law: Firdaws, R (On the Application Of) v First Tier Tribunal (IAC) & Anor [2019] EWCA Civ 1310: The Appellant had made a human rights claim, after his leave to remain had expired, which was refused. The sole question was whether the Appellant had (or had acquired by reason of commencement provisions) a right of appeal against that refusal.  At the hearing it was conceded that the refusal decision was not an “immigration decision” sufficient to satisfy the “old” form of section 82(2)(d) of the 2002 Act because the refusal did not terminate the Appellant’s leave to remain. The Appellant argued, however,  that commencement orders in relation to the commencement of Section 15(2) of the 2014 Act meant that he was able to take the benefit of the amendment to section 82 brought in by section 15(2) of the Immigration Act 2014 such that he had a right of appeal because he had made a human rights claim.  The Court reviewed the various commencement orders and found that a technical reading of Commencement Order 4 would technically have afforded a right of appeal. However, the appeal should be dismissed because this would produce “an absurd result” and there was “absolutely no merit” in the Appellant’s case.  Lord Justice Irwin also took the opportunity to comment generally on the quality of legislative drafting in the field of immigration law (49): “I cannot conclude without commenting, not for the first time, on the extreme complexity and obscurity of drafting in the field of immigration law, as exemplified by these Commencement Orders. Such drafting as this serves to conceal rather than reveal meaning. It confuses even the expert legally qualified reader, never mind those affected by the provisions.”

Asylum process and practice 

26.7.2019: Guidance: Asylum screening and routing.

22.7.2019: Policy Note: Border Procedures Not A Panacea. ECRE’S assessment of proposals for increasing or mandatory use of border procedures to determine whether a person requires international protection.

21.7.2019: News story: GOV.UK: New business start-up training for refugees in the UK.  A pilot to encourage refugee entrepreneur programmes across the UK has been announced.

British nationality law

24.7.2019: Guidance: British citizenship: automatic acquisition.

Children

23.7.2019: News story: Law Society Gazette: Government amends LASPO to extend immigration legal aid to vulnerable migrant children.

Enforcement, detention, removal and deportation

26.7.2019: Guidance: Offender management: Guidance on immigration offender management for officers dealing with enforcement immigration matters within the UK.

25.7.2019: Guidance: Multi-agency public protection arrangements (MAPPA). Detention services order 20/2012 on dealing with MAPPA offenders.

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

24.7.2019: Case-law: Secretary of State for the Home Department v Franco Vomero (Italy) [2019] UKSC 35: Whether the respondent should be permitted to argue that he had acquired a right of permanent residence by the time of the decision to deport him was made.  For case summary see UKSC Blog.

23.7.2019: Legislation: The Immigration (European Economic Area) (Amendment) Regulations 2019 (giving effect to the CJEU judgment in SM v Entry Clearance Officer, UK Visa Section, C-129/18). Explanatory Memorandum.

23.7.2019: News story: Guardian: UK decision to deny EU citizens access to data challenged in court.

22.7.2019: Opinion: LSE: What’s wrong with the EU Settlement Scheme, and how to fix it.

Family Migration

25.7.2019: Guidance: Chapter 08: appendix FM family members (immigration directorate instructions).

General requirements of the rules and guidance 

26.7.2019: Guidance: Applying for a UK visa: approved English language tests. List of tests and test centres approved by UK Visas and Immigration to show that applicants have the required level of English for their visa.

Human Rights

25.7.2019: Guidance: Family life (as a partner or parent): private life and exceptional circumstance.

Immigration control and the hostile environment

25.7.2019: News story: Inews: Boris Johnson supports amnesty for 500,000 undocumented migrants in the UK.

25.7.2019: News story: Politics Home: Boris Johnson axes Theresa May’s vow to lower immigration to the ‘tens of thousands’.

25.7.2019: Opinion: Law Society Gazette: Tackle dysfunction in our immigration system.

24.7.2019: News story: EIN: Home Secretary publishes statement covering a range of immigration issues.

24.7.2019: Guidance: A short guide on right to rent.  This guidance helps landlords, letting agents and tenants understand right to rent checks.

MAC

23.7.2019: News story: GOV.UK: Madeleine Sumption reappointed to the MAC. Madeleine Sumption has been reappointed as a member of the MAC for a further 3 years from 23rd July 2019.

Skilled Migration

25.7.2019: Guidance: Dependants of part 5 migrants.

25.7.2019: Guidance: Register of licensed sponsors: workers. List of organisations licensed to sponsor workers under Tiers 2 and 5.

24.7.2019: Policy Paper: The UK’s future skills-based immigration system: advisory group membership. Membership list of the UK’s future skills-based immigration system advisory groups.

24.7.2019: Guidance: Register of licensed sponsors: students. List of institutions licensed to sponsor migrant students under Tier 4.

22.7.2019: Report: Migration Observatory: The Australian points-based system: what is it and what would its impact be in the UK?.  

SRA

25.7.2019: News story: EIN: Solicitors Regulation Authority produces guide for members of the public who are unhappy with their solicitor.

Students

24.7.2019: Case-law: Rauf v The Secretary of State for the Home Department [2019] EWCA Civ 1276:  The Appellant’s Tier 4 Student leave had been curtailed under paragraph 323A(a)(ii)(1) of the Immigration Rules with immediate effect because he had failed to commence studying with his Tier 4 sponsor. That failure had been caused by his Tier 4 sponsor withdrawing the offer it had made to him prior to the start of his course.  The Court held that the Secretary of State was entitled to curtail the Appellant’s leave under paragraph 323A(a)(ii) given the University’s decision.  Patel (revocation of sponsor licence – fairness) (India) [2011] UKUT 00211 did not apply and the Appellant had ample time in which to identify a new sponsor and apply to vary his leave to remain. There was no residual lack of fairness on the part of their Secretary of State.

22.7.2019: News story: EIN: All-Party Parliamentary Group on TOEIC concludes evidence used to accuse students of cheating was misleading and unsafe

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