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Bloomsbury Immigration Law Briefing: November Teaser

Welcome to the latest Bloomsbury Immigration Law Briefing which covers the period up to 20 November 2019.

Refugees and trafficking

1. PK (Ukraine) v Secretary of State for the Home Department [2019] EWCA Civ 1756: Court of Appeal remits question of whether Ukrainian draft evaders may claim asylum to the Upper Tribunal (UT).

2. BF (Albania) v Secretary of State for the Home Department [2019] EWCA Civ 1781: Court of Appeal rejects challenge to Albania country guidance.

3. RS (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1796: escaped detainee member of the LTTE had a well-founded fear of persecution.

4. R (DS) v Secretary of State for the Home Department [2019] EWHC 3046 (Admin): trafficking reconsideration policy declared unlawful.

5. SB (refugee revocation; IDP camps) Somalia [2019] UKUT 00358 (IAC): internal relocation to Mogadishu may now lead to cessation of Somali refugee status under Article 1C(5).

6. DC (trafficking: protection/human rights appeals) Albania [2019] UKUT 00351 (IAC): Tribunal provides guidance on considering trafficking issues during protection and human rights appeals.

7. R (F) v Manchester City Council [2019] EWHC 2998 (Admin): unsuccessful challenge to age assessment.

Detention

8. R (AT (Guinea)) v Secretary of State for the Home Department [2019] EWHC 2709 (Admin): unsuccessful unlawful detention challenge.

Family and human rights

9. IM v Secretary of State for the Home Department [2019] CSOH 81: Court of Session follows Court of Appeal on periods of overstaying and long residence.

10. OH (Algeria) v Secretary of State for the Home Department [2019] EWCA Civ 1763: old convictions may still ground a deportation order.

11. Lal v Secretary of State for the Home Department [2019] EWCA Civ 1925: insurmountable obstacles is an objective test, but requires a full assessment of the facts.

12. Das (paragraph 276B - s3C - application validity) [2019] UKUT 00354 (IAC): validity of applications is determined by the law at the date of application.

13. MS (British citizenship; EEA appeals) Belgium [2019] UKUT 00356 (IAC): losing an EU law basis for residence gives rise to unlawful residence for the purposes of s117B(4) of the 2002 Act.

Economic migration

14. R (Imam) v Secretary of State for the Home Department [2019] EWCA Civ 1760: court finds the now-historic ‘take-away service’ exclusion from Tier 2 is not irrational.

Procedural

15. MA (Cart JR: effect on UT processes) Pakistan [2019] UKUT 00353 (IAC): the High Court must give clearer reasons when granting Cart JRs.

16. TS (interpreters) Eritrea [2019] UKUT 00352 (IAC): Tribunal gives guidance on role of interpreters in appeals.

17. Ahmed (rule 17; PTA; Family Court materials) [2019] UKUT 00357 (IAC): if the SSHD appeals to the UT, an application to withdraw by the applicant will mean the appeal is not withdrawn but is rather unopposed.

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

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