Bloomsbury Immigration Law Briefing: July Teaser

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

Legislative updates

  1. National Health Service (Charges to Overseas Visitors) (Amendment) (No. 2) Regulations SI 2020/654.
  2. The Immigration and Nationality (Fees) (Amendment) (No. 3) Regulations SI 2020/736.
  3. The Tribunal Procedure (Amendment) Rules 2020.

Court updates

Detention

  1. R (Kaitey) v Secretary of State for the Home Department & Anor [2020] EWHC 1861 (Admin): immigration bail should be available when the underlying or background power of detention cannot lawfully be exercised.

Refugees, asylum and international protection

  1. R (on the application of BAA and Another) v Secretary of State for the Home Department (Dublin III: judicial review; SoS’s duties) [2020] UKUT 00227 (IAC): references to “exceptional circumstances” in the Secretary of State’s Dublin III Guidance (18 April 2019) do not render the Guidance unlawful.
  2. DH (Particular Social Group: Mental Health) Afghanistan [2020] UKUT 00223 (IAC): a person living with a disability or mental ill health may qualify as a member of a Particular Social Group for the purposes of the Refugee Convention.

Human rights

  1. Begum v Special Immigration Appeals Commission (SIAC) [2020] EWCA Civ 918: the only way to have a fair and effective appeal was for the appellant to be granted leave to enter and this outweighed the national security concerns.
  2. MZ (Hospital order: whether a 'foreign criminal') [2020] UKUT 225 (IAC): An individual sentenced to a hospital order following a finding under section 5(1)(b) of the Criminal Procedure (Insanity) Act 1964 is excluded from the statutory provisions by section 117D(3)(a) and from the Immigration Rules concerning deportation.
  3. R (Dzineku-Liggison & Ors) v Secretary of State for the Home Department (Fee Waiver Guidance v3 unlawful) [2020] UKUT 222 (IAC): the SSHD’s Fee Waiver Guidance, version 3, was unlawful because it failed to properly reflect the test of whether the applicant is able to afford the fee.

European

  1. MM (section 117B(6) – EU citizen child) Iran [2020] UKUT 00224 (IAC): an EU citizen child who has lived in the UK for less than seven years is not a “qualifying child” for the purposes of section 117D(1) of the Nationality, Immigration and Asylum Act 2002.

Procedure

  1. Ashfaq (Balajigari: appeals) [2020] UKUT 00226 (IAC): the UT considers that the statutory appeal process resolves the procedural issues identified in Balajigari.
  2. A v Secretary of State for the Home Department [2020] EWCA Civ 858: a deportation order was overturned on the basis of procedural fairness in a closed judgment.
  3. JH (Palestinian Territories) v Upper Tribunal of the Immigration And Asylum Chamber & Anor [2020] EWCA Civ 919: in a Cart JR the normal course will be for the application for costs in the judicial review to be transferred to the UT to be dealt with when the outcome of the substantive appeal is known.

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

Written by Sonia Lenegan

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