Bloomsbury Immigration Law Briefing: March Teaser

Welcome to the latest Bloomsbury Immigration Law Briefing which covers the period up to 27 March 2020.

Legislative updates

  1. Immigration and Social Security Co-ordination (EU Withdrawal) Bill.
  2. Coronavirus Act 2020.
  3. Draft Immigration (Health Charge) (Amendment) Order 2020.
  4. Statement of Changes to the Immigration Rules HC 120.
  5. First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2020.
  6. Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020.
  7. Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020.
  8. Statement of Changes to the Immigration Rules HC 56 and Immigration and Nationality (Fees) (Amendment) Regulations 2020.

Court updates

Detention

  1. R (Jalloh) v SSHD [2020] UKSC 4: common law can go further than Article 5 ECHR.
  2. R (DN(Rwanda)) v SSHD [2020] UKSC 7: Supreme Court finds Draga to be wrongly decided – detention is unlawful if made on the basis of an unlawful deportation order.

European

  1. Kaur & Ors v Secretary of State for the Home Department [2020] EWCA Civ 98: a residence card issued by another member state does not give an automatic right to reside in other member states.
  2. Hafeez v SSHD & Anor [2020] EWHC 437 (Admin): certified EEA deport appeals must include proportionality assessment.
  3. Hafeez v SSHD [2020] EWCA Civ 406: time in prison does not count towards the ten year threshold for enhanced protection against expulsion.

Refugees, asylum and international protection

  1. MS (Pakistan) v SSHD [2020] UKSC 9: Tribunal not bound by NRM decisions.
  2. PS (Christianity – risk) Iran CG [2020] UKUT 46 (IAC): new CG decision for Iranian converts to Christianity.

Human rights

  1. R (Elan-Cane) v SSHD [2020] EWCA Civ 363: no positive obligation to issue ‘X’ gender passports.
  2. Husson v SSHD [2020] EWCA Civ 329: may be actionable claims against Home Office for delay in issuing BRPs.

Procedure

  1. Abbasi (rule 43; para 322(5): accountants’ evidence) [2020] UKUT 27 (IAC): Upper Tribunal (UT) can set aside its decision on its own motion; accountants in para 322(5) cases should give evidence in person.
  2. R (MW) v SSHD (Fast track appeal: Devaseelan guidelines) [2019] UKUT 411 (IAC): Deevaseelan guidelines apply in fast track appeals.
  3. MSU (S.104(4b) notices) Bangladesh[2019] UKUT 412 (IAC): if an appellant is granted leave when they have an appeal pending, the appeal will be deemed abandoned unless notice s given.
  4. MY (refusal of human rights claim) Pakistan [2020] UKUT 89 (IAC): further developments in human rights claim refusals.
  5. R (on the application of Mujahid) v First-tier Tribunal (Immigration and Asylum Chamber) and the Secretary of State for the Home Department (refusal of human rights claim) [2020] UKUT 85 (IAC): granting limited leave rather than ILR does not amount to a human rights refusal.
  6. Aziz (NIAA 2002, s 104(4A): abandonment) [2020] UKUT 84 (IAC): being granted leave to remain causes appeal to be treated as abandoned whether or not appeal was pending at date of grant.
  7. Nimo (appeals: duty of disclosure) [2020] UKUT 88 (IAC): no duty of candour on Home Office in statutory appeals.
  8. Birch (Precariousness and mistake; new matters) [2020] UKUT 86 (IAC): new matters can be raised in the UT.

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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