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Bloomsbury Immigration Law Briefing: October Teaser

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

General

1. R (Open Rights Group) v Secretary of State for the Home Department [2019] EWHC 2562 (Admin): Immigration control exemption in the Data Protection Act 2018 upheld.

Human rights and family life

2. Karimi v Secretary of State for the Home Department [2019] CSOH 74: Discretionary leave extension application under the old policy could not be made out of time.

3. GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630: Court of Appeal draws together major human rights cases.

Refugees and asylum

4. KN (Democratic Republic of Congo) v Secretary of State for the Home Department [2019] EWCA Civ 1665: Dependants of refugees may have their status revoked if the circumstances which led to the grant of the sponsor’s refugee status have ceased to exist.

5. JS (Uganda) v Secretary of State for the Home Department [2019] EWCA Civ 1670: Family members of refugees who are not granted refugee status in their own right do not have protections under the Refugee Convention.

European

6. Bajratari v Secretary of State for the Home Department Case C-93/18: Income from working without permission can contribute to self-sufficiency.

7. HMRC v Dakneviciute Case C-544/18: Pregnant self-employed EU citizens retain their self-employed status.

8. De Souza v Secretary of State for the Home Department (UT (IAC), 14 October 2019, EA/06667/2016): People born in Northern Ireland cannot elect not to be British without following the renunciation procedure.

Detention

9. R (IS (Bangladesh)) v Secretary of State for the Home Department [2019] EWHC 2700 (Admin): Rule 35(2) of the Detention Centre Rules upheld despite evidence suggesting significant problems with the regime.

10. R (Benchaouir) v Secretary of State for the Home Department [2019] EWHC 2606 (Admin): Detention unlawful due to delay in release following level 3 adult at risk report.

Non-immigration courts

11. Re A (A Child: Female Genital Mutilation: Asylum) [2019] EWHC 2475 (Fam): Family Court cannot block removal even by an FGM protection order.

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

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