Bloomsbury Immigration Law Briefing: January Teaser

Welcome to the latest Bloomsbury Immigration Law Briefing which covers the period up to 20 January 2020.

Legislative updates

1. The legislative agenda of the new government.

2. European Union (Withdrawal Agreement) Bill.

3. Law Commission publishes its final report on simplification of the Immigration Rules.

Case law

Detention

1. R (Hemmati and others) v SSHD [2019] UKSC 56: Supreme Court finds Home Office policy failed to satisfy EU law requirements for legality of detention of asylum seekers pending removal under the Dublin Regulation.

European

2. Patel v SSHD; Shah v SSHD [2019] UKSC 59: Zambrano applies only where the EU citizen will in fact be compelled to leave the UK

Refugees, asylum and international protection

3. SMO, KSP & IM (Article 15(c); identity documents) Iraq CG [2019] UKUT 400 (IAC): Upper Tribunal (UT) issues updated country guidance for Iraq.

4. Sahebi (Para 352(iii): meaning of ‘existed’) [2019] UKUT 394 (IAC): marriages and civil partnerships under Family Reunion provisions need only have existed’ and not ‘subsisted’ to qualify.

5. AXB (Art 3 health: obligations; suicide) Jamaica [2019] UKUT 397 (IAC): burden is on the applicant in Article 3 ECHR medical cases – the Home Office is not required to investigate the medical situation.

Nationality

6. R (Project for the Registration of Children as British Citizens and Others) v SSHD [2019] EWHC 3536 (Admin): High Court finds child registration fees unlawfully set.

7. R (Al-Enein) v SSHD [2019] EWCA Civ 2024: naturalisation ten-year good character policy upheld

8. Secretary of State for the Home Department v E3 and N3 [2019] EWCA Civ 2020: Court of Appeal outlines burden of proof in deprivation of citizenship cases.

Human rights

9. Akinyemi v SSHD (No 2) [2019] EWCA Civ 2098: the public interest in the deportation of foreign criminals has a moveable rather than fixed quality.

Points-based system

10. R (on the application of Junied) v Secretary of State for Home Department [2019] EWCA Civ 2293: Court of Appeal upholds the inflexibility of the PBS system.

Procedure

1. Niaz (NIAA 2002 s, 104: pending appeal) [2019] UKUT 399 (IAC): UT gives guidance on pending appeals.

2. SB (vulnerable adult: credibility) Ghana [2019] UKUT 398 (IAC): UT gives guidance to judges on assessing the credibility of vulnerable witnesses and appellants.

3. Ejiogu (Cart cases) [2019] UKUT 395 (IAC): UT gives guidance on handling additional grounds of appeal in Cart JRs.

The Immigration Law Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.

Written by Charles Bishop

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