Personal Immigration

Immigration law update for 27 June to 5 July 2019

Welcome to the Richmond Chambers immigration law update for the week of 27 June to 5 July 2019.   Highlights this week include the Upper Tribunal provides guidance on claims that the First-tier Tribunal did not give sufficient weight to a particular aspect of the case, there is new guidance for Home Office staff on the common travel area (CTA) and ILPA publishes a new briefing on issues with automated residency checks in the EU Settlement Scheme.

Appeals, administrative review and judicial review 

2.7.2019: Case-law: Durueke (PTA: AZ applied, proper approach) Nigeria [2019] UKUT 197 (IAC) (7 June 2019): the Upper Tribunal provided guidance on the proper approach to permission to appeal on grounds not raised by the parties and where it is argued that the judge gave insufficient weight to a particular aspect of the case or did not “sufficiently consider” or “sufficiently analyse” certain evidence or certain aspects of a case. 

Asylum process and practice  

5.7.2019: News story: Independent: Home Office to challenge High Court ruling to return wrongly deported asylum seeker.

4.7.2019: News story: Guardian: Home Office must help woman unfairly deported to Uganda to return to UK.

4.7.2019: Guidance: Pakistan: updated country policy and information note.

2.7.2019: Guidance: Afghanistan: updated country policy and information note.

2.7.2019: News Story: Guardian: Home Office to rewrite controversial advice on trafficked Nigerian women.

2.7.2019: Guidance: Calais leave. Asylum policy guidance on how the Home Office process and assess asylum claims for Calais leave.

1.7.2019: Report: Jesuit Refugee Service UK has published a report examining the impact of destitution and detention on asylum seekers. 

1.7.2019: News Story: Home Office: Immigration minister calls for global collaboration on resettlement.

1.7.2019: Comment: Open Justice: “They told me to stop crying at night”: How the UK is failing asylum seeking children.

27.6.2019: Guidance: Ghana: updated country policy and information note.

27.6.2019: News Story: Guardian Long Read: Britain’s disappeared: how refugees get stuck in indefinite detention

British nationality law 

28.6.2019: Form: Application to register as British overseas territories citizen. Form to register as a British overseas territories citizen after giving up (renouncing) citizenship: form RS2.

Enforcement, detention, removal and deportation

5.7.2019: Case-law: The Secretary of State for the Home Department v PF (Nigeria) [2019] EWCA Civ 1139 (04 July 2019):  Home Office appeal against Upper Tribunal finding that deportation would breach Article 8 allowed.  The Respondent was a Nigerian citizen who had suffered sickle cell disease from birth and was undergoing chronic treatment. He had arrived in the UK age 13, held ILR since 2000, had a British partner and two British children.  He also had a lengthy criminal record, including several convictions for drug offences.

4.7.2019: News story: Independent: Home Office failures to hand over files ‘causing people to be wrongly detained and deported’.  Under data protection law, any person can request their personal data from an organisation  by submitting a subject access request which should be responded to within a month. In the case of immigration-related requests the Home Office appears to be failing to meet the deadline and often not responding. 

4.7.2019: News story: Guardian: Windrush victims still waiting for payments from Home Office.

3.7.2019: News story: EIN: Detention Action writes to Legal Aid Agency with serious concerns over the quality of legal advice available to immigration detainees.

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

4.7.2019: Promotional material: EU Settlement Scheme: community leader toolkit.  The community leader toolkit equips local authorities and community groups with the right tools and information to support EU citizens and their families to apply to the EU Settlement Scheme.

3.7.2019: Guidance: EU Settlement Scheme: Assisted Digital service: Information for EU citizens and their families applying to the EU Settlement Scheme.

2.7.2019: Guidance: EU Settlement Scheme caseworker guidance: Guidance for caseworkers considering applications under the EU Settlement Scheme.

27.6.2019: ILPA Briefing: Briefing on Issues with the Automated Residency Checks in the EU Settlement Scheme.

General requirements of the rules and guidance 

3.7.2019: 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.

27.6.2019: Guidance: Common travel area.  Guidance for staff on the common travel area (CTA)  including its legal basis, instructions and requirements for people travelling to and within the CTA and in-country encounters.

Immigration control and the hostile environment 

5.7.2019: News story: Guardian: Johnson pledges to make all immigrants learn English.

2.7.2019: News story: Scottish Legal: Complaint against UK over GDPR immigration exemption filed with European Commission.  A formal complaint has been filed with the European Commission against the UK for allegedly flouting the EU’s regulation on data protection (GDPR) by including a broad immigration control exemption in its new Data Protection Act.

Inspections of border and immigration services

29.6.2019: Call for evidence: Family Reunion.  The Chief Inspector of Borders and Immigration invites anyone with knowledge and experience of the Home Office’s handling of family reunion applications to submit evidence for his next inspection.

28.6.2019: Inspection report: Independent Chief Inspector of Borders and Immigration’s Inspection of Country of Origin Information, January 2019.  The report reviewed the Home Office country information on Burma, Iraq and Zimbabwe.

28.6.2019: Call for evidence: Use of interpreters in the asylum process. The Chief Inspector of Borders and Immigration invites anyone with knowledge and experience of the Home Office’s use of interpreters in the asylum process to submit evidence for his next inspection.

27.6.2019: Corporate report: ICIBI annual report 2018 to 2019. Annual report of the Independent Chief Inspector of Borders and Immigration (ICIBI)

Migration Advisory Committee

29.6.2019: News story: Migration Advisory Committee recommends adding to shortage occupation list.  The Migration Advisory Committee (MAC) has published its review of the shortage occupation list (SOL), adding veterinarians, web designers and architects.

Points based system

4.7.2019: Form: Tier 1 (Exceptional Talent) endorsement review form.  Form to apply for a Tier 1 (Exceptional Talent) endorsement review.  Use this form if your application for endorsement is refused and you want to appeal against that decision.

2.7.2019: Case-law: Kaur & Anor v Secretary of State for the Home Department [2019] EWCA Civ 1101 (1 July 2019):  the SSHD’s decision to retain the appellant’s original passport and provide him with an attested copy instead did not deny him an adequate opportunity to enrol at another education institution or obtain a CAS or sponsorship.

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