Immigration Update 28 October 2019

A summary of the latest developments in Immigration law between 21 October 2019 to 28 October 2019.

Case law:

G.B. and Others v. Turkey – 4633/15

Unlawful detention – violation of Article 3, 5 and 13 ECHR

J.D and A v UK

violation of Article 14 in conjunction with Article 1, Protocol 1 of the Convention – Bedroom Tax – discriminatory

Imam, R (On the Application Of) v SSHD [2019] EWCA Civ 1760

Tier 2 (General) – Appendix K – take-away job

OH (Algeria) v SSHD [2019] EWCA Civ 1763.

Deportation – 4 year sentence – Article 8 ECHR – S117C & D of 2002 Act – Proportionality – Dismissed.

PK (Ukraine) v SSHD [2019] EWCA Civ 1756 

Asylum – punishment for draft evasion – Ukraine – minimum severity

O, R (On the Application Of) v SSHD [2019] EWHC 2734

Unlawful detention – Breach of section 55 duty – finding of unlawful detention – ongoing.

AT (Guinea) v Secretary of State for the Home Department & Anor [2019] EWHC 2709 (Admin).

Unlawful detention claim – Permission refused to bring Judicial Review claim

Guidance:

1. Long residence guidance 
2. Statement of changes to the Immigration Rules: HC 170, published on 24 October 2019.  
3. Endorsing bodies: innovator visa. 
4. UNHCR releases three important new reports on the experiences of child asylum seekers and refugees in the UK via EIN.

News:

1. Former judge calls for relatives of Essex lorry victims to be granted UK entry by The Guardian
2. China-UK people trafficking often driven by debt, experts say by The Guardian 
3. ‘We have nowhere to go’: The stateless UK residents that no country wants to accept by The Independent
4. We must not turn our backs on children who seek sanctuary in the UK by The Guardian
5. Non-asylum immigration and citizenship matters for separated migrant children brought back into scope of legal aid by EIN
6. Relief for Windrush sisters as removal threat overturned by The Guardian
7. Independent authority to monitor EU citizens’ rights post-Brexit. Brexit impact assessment report also sets out trade barriers between Northern Ireland and Britain by The Guardian
8. Refugee age rows having ‘devastating’ impact on children. UNHCR says children arriving in UK whose age is disputed likely to be denied services by The Guardian
9. The Home Office is using citizenship as an administrative money-spinner: The citizenship process needs a rethink. “The drive towards higher fees then comes more from austerity and less from the “hostile environment”.
10. Shamima Begum begins appeal against loss of UK citizenship by The Guardian