Bloomsbury Immigration Law Briefing: May Teaser

In the news this month, at time of writing, Prime Minister Theresa May announced her resignation after failing to successfully push her Brexit deal through Parliament. The status quo is that the UK will remain a member of the EU until 31 October 2019.

The focus this month has been on whether or not a Tribunal can issue damages pursuant to the Human Rights Act 1998, and it has been affirmed again, that they cannot in OB (Ukraine) v Entry Clearance Officer [2019] 5 WLUK 22. A challenge on whether the Tier 1 (Entrepreneur) Migrant requirements are proportionate, although this will become more of a legacy issue as the new Start-Up and Innovator categories in Appendix W of the Immigration Rules becomes the norm. There has been a focus on the deportation of foreign national offenders, specifically as to whether periods in prison automatically break social and cultural integration in AM (Somalia) v Secretary of State for the Home Department [2019] EWCA Civ 774, the compatability of asylum support with the Reception Directive in Nyamayaro v Advocate General [2019] CSIH 29, and what to do with a foreign national offender left in ‘immigration limbo’ in RA (Iraq) v Secretary of State for the Home Department [2019] EWCA Civ 850. There is clarification as to whether leave to remain on medical grounds is akin to asylum, thus exempting the applicant from paying the Immigration Health Surcharge in R (on the application of ERA) v Basildon and Thurrock University Hospitals NHS Foundation Trust [2019] EWHC 1249 (Admin), and the Secretary of State’s policy on age assessment of asylum seekers was struck down in BF (Eritrea) v Secretary of State for the Home Department [2019] EWCA Civ 872. Finally, whether an appeal to the First-tier Tribunal (FTT) has suspensive effect on removal directions is answered in R (on the application of Danso) v Secretary of State for the Home Department [2019] 5 WLUK 256.

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

Written by Vishal Misra

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