Bloomsbury Immigration Law Briefing: September Teaser

Welcome to the latest Bloomsbury Immigration Law Briefing which covers the period up to 20 September 2019. This month saw another set of changes to the Immigration Rules along with a small number of cases, some of which are significant. There is also new Upper Tribunal (UT) guidance on permission to appeal applications.

Procedure

1. Singh v SSHD [2019] EWCA Civ 1504 – reopening appeals under CPR 52.30: a fresh application is not an effective alternative remedy.

Asylum and asylum support

1. AAR & AA (Non-Arab Darfuris – return) Sudan [2019] UKUT 282 (IAC) - no change to Sudan Country Guidance.

2. R (Chkharchkhalia) v SSHD [2019] EWHC 2232 (Admin) - affordability constraints in asylum support cannot endure indefinitely.

3. GC (Zimbabwe) v SSHD [2019] CSOH 67 - spike in violence does not change position for openly gay Zimbabweans.

Evidence

1. R (Begum) v Entry Clearance Officer, Dhaka [2019] EWHC 2196 (Admin) - successful challenge to adverse finding on genuineness and authenticity of relationship documentation.

Detention

1. R (DM) (Tanzania) v SSHD [2019] EWHC 2351 (Admin) - lack of suitable accommodation cannot provide a lawful basis for detention indefinitely.

European

1. C94/18 Chenchooliah v Minister for Justice and Equality - procedural guarantees apply to third country national family members even if they no longer hold that status.

2. ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan [2019] UKUT 281 (IAC) - centre of life test in Surinder Singhcases not to be followed.

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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