A summary of the latest developments in Immigration law between 8 February 2020 to 15 February 2020.
Long residence refusal – Indefinite Leave to Remain – tax discrepancy – Paragraph 276B(ii) and paragraph 322(5) – similar tests – difference between “deliberately false information” to avoid paying significant amounts of income tax and “minor tax errors” – spectrum – Balajigari and Mujumber consideration – where earning discrepancy amounting to dishonesty is proven – Discrepant tax returns are strong evidence of crime – a balancing exercise is “good practice” and its absence may be an error of law: see paragraph 38 of Balajigari – Allowed.
EEA Appeal – deportation – whether the Appellant had ten years continuous residence to bring Regulation 21(4) of 2006 EEA Regulations – imperative grounds of public security – whether deportation was justified on “serious grounds of public policy or public security” under Regulation 21(3) – criminal convictions and periods of imprisonment do not automatically disqualify an individual from enhanced protection, but they do have a negative effect – custodial sentence is in general indicative of a rejection of societal values and thus of a severing of integrative links with the host state – Repeated offending attracting a series of custodial sentences of more than trivial length is even more indicative of the same thing – dismissed imperative grounds – allowed on serious grounds and remitted to UT.
Unlawful detention – payment of compensatory damages as opposed to nominal damages – dismissed
Meaning of imprisonment at common law and whether it should, or should not, now be aligned with the concept of deprivation of liberty in article 5 of the ECHR – enforced not voluntary compliance – dismissed
- Albania: country policy and information notes
- Vietnam: country policy and information notes
- China: country policy and information notes
- Ethiopia: country policy and information notes
- Applying for a UK visa: approved English language tests
- Inspection report published: Inspection of Country of Origin Information, June 2019
- Interviewing suspects
- Transparency data: Country returns guide
- Jamaicans deported by Home Office go into hiding fearing for lives
- Points-based immigration system will be in force by 2021, No 10 says
- Women for Refugee Women report examines asylum-seeking women’s experiences of destitution in the UK
- Boy refused medical help by Heathrow border staff, father says
- Amnesty International UK expresses concern over Government’s “cruel” deportation flight to Jamaica
- ‘I’ve been ripped from my family’: deportee struggles to cope in Jamaica
- ‘At home I feared the war. Here I feared the Home Office’: the female refugees left destitute in the UK
- Home Office asks 101-year-old Italian man to get his parents to confirm his identity
- Deportation flights for 37 people cost Home Office £443,000
- Steve Bell on the Jamaica deportation flights
- Woman cleared of assaulting Yarl’s Wood guards during struggle
- The government has learned its Windrush lesson – it can deport who it likes
- What is judicial review and why doesn’t the government like it?
- Minister defends Jamaica deportation flight decision