Immigration Update 4 November 2019

A summary of the latest developments in Immigration law between 28 October 2019 to 4 November 2019.

Case law:

RS (Sri Lanka) v SSHD [2019] EWCA Civ 1796.

Asylum – LTTE – Torture – Stop list upon return – unexecuted arrest warrant – application of an incorrect standard by UT – reasonable likelihood – Allowed.

Gasztony v SSHD [2019] EWHC 2879.

Unlawful detention – detention likely to lead to a risk of harm – Schedule 10 accommodation – duty to take reasonable steps to effect transfer within a reasonable time – finding of a violation of Article 8 ECHR.

Guidance:

Upper Tribunal (Immigration and Asylum Chamber):

1. Upper Tribunal Review: Sir Peter Lane and Judge Michael Clements review the year in the Immigration and Asylum Chambers via EIN. 

Applications:

1. Sponsor guidance appendix A: supporting documents for sponsor applications. List of documents that businesses and education providers must provide with an application for a Tier 2, 4 or 5 sponsor licence.
2. Tier 4 (General) Student and Tier 4 (Child) Student applications
3. Sponsor guidance appendix D: keeping records for sponsorship. 
4. Sponsor guidance appendix F: Tier 5 (International Agreement) – sets out UK commitments in an EU Free Trade Agreement to which the UK is a signatory. 
5. Statelessness – a change to (1) the duration of limited leave granted to those who qualify for stateless leave from 30 months to 5 years (2) the process to follow when an applicant has an outstanding asylum claim. 
6. Tier 4 student: guidance for educators. Updated all 4 documents to reflect immigration rules changes. 

Country Guidance:

1. Turkey: country policy and information notes. Added fact finding report on Kurds, the HDP and the PKK.

Brexit:

1. Moving to the UK after Brexit: EU citizens and their families. Status of Irish citizens: Irish citizens are not eligible to apply for European temporary leave to remain as their status in the UK is already protected. 

News:

1. The Government’s £1,000 Citizenship Fee Is Nothing More Than Discrimination Against The Poor
2. AI system for granting UK visas is biased, rights groups claim. Immigrant rights campaigners bring legal challenge to Home Office on algorithm that streams visa applicants, by The Guardian.
3. Less than half of immigration centre detainees deported/removed last year, watchdog finds, by The Independent.
4. Vietnamese migrants are not ‘lured’ by traffickers. They just want a better future, by The Guardian. 
5. Lorry deaths: police face trust problem over appeal to Vietnamese migrants, by The Guardian. 
6. Home Office cites Iraq in ‘copy and paste’ refusal letter to Jamaican man. 
7. A dizzying maze’: how the UK immigration system is geared to reject, by The Guardian
8. Asylum seekers left with no heating in rat-infested homes due to ‘failing’ new Home Office contract, charities warn, by The Independent.
9. British government ‘driving refugees to use deadly smuggling routes’ with migration policies, MPs find, by The Independent.
10. Essex migrant lorry deaths should be wake-up call – MPs, by BBC.