Welcome to the latest Bloomsbury Immigration Law Briefing which covers the period up to 27 March 2020.
- Immigration and Social Security Co-ordination (EU Withdrawal) Bill.
- Coronavirus Act 2020.
- Draft Immigration (Health Charge) (Amendment) Order 2020.
- Statement of Changes to the Immigration Rules HC 120.
- First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2020.
- Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020.
- Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020.
- Statement of Changes to the Immigration Rules HC 56 and Immigration and Nationality (Fees) (Amendment) Regulations 2020.
- R (Jalloh) v SSHD  UKSC 4: common law can go further than Article 5 ECHR.
- R (DN(Rwanda)) v SSHD  UKSC 7: Supreme Court finds Draga to be wrongly decided – detention is unlawful if made on the basis of an unlawful deportation order.
- Kaur & Ors v Secretary of State for the Home Department  EWCA Civ 98: a residence card issued by another member state does not give an automatic right to reside in other member states.
- Hafeez v SSHD & Anor  EWHC 437 (Admin): certified EEA deport appeals must include proportionality assessment.
- Hafeez v SSHD  EWCA Civ 406: time in prison does not count towards the ten year threshold for enhanced protection against expulsion.
Refugees, asylum and international protection
- MS (Pakistan) v SSHD  UKSC 9: Tribunal not bound by NRM decisions.
- PS (Christianity – risk) Iran CG  UKUT 46 (IAC): new CG decision for Iranian converts to Christianity.
- R (Elan-Cane) v SSHD  EWCA Civ 363: no positive obligation to issue ‘X’ gender passports.
- Husson v SSHD  EWCA Civ 329: may be actionable claims against Home Office for delay in issuing BRPs.
- Abbasi (rule 43; para 322(5): accountants’ evidence)  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.
- R (MW) v SSHD (Fast track appeal: Devaseelan guidelines)  UKUT 411 (IAC): Deevaseelan guidelines apply in fast track appeals.
- MSU (S.104(4b) notices) Bangladesh 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.
- MY (refusal of human rights claim) Pakistan  UKUT 89 (IAC): further developments in human rights claim refusals.
- 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)  UKUT 85 (IAC): granting limited leave rather than ILR does not amount to a human rights refusal.
- Aziz (NIAA 2002, s 104(4A): abandonment)  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.
- Nimo (appeals: duty of disclosure)  UKUT 88 (IAC): no duty of candour on Home Office in statutory appeals.
- Birch (Precariousness and mistake; new matters)  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.