Immigration Update 11 November 2019

A summary of the latest developments in Immigration law between 4 November 2019 to 11 November 2019.

Case law:

Lal v SSHD [2019] EWCA Civ 1925.

Article 8 ECHR – precarious immigration status – exceptional circumstances – insurmountable obstacles (objective/subjective test).

Medical Justice v SSHD [2019] EWHC 2391.

Challenge to removal window policy – grounds: ultra vires, irrationality, Dublin III Regulations, Procedures Directive & Article 3/8 ECHR – dismissed.

Rahman v SSHD [2019] EWHC 2952.

8ZA and 8ZB of the Immigration (Leave to Enter and Remain) (Amendment) Order 2000 – term “give” and “unless the contrary is proved” – invalid curtailment notice – unlawful decision – quashed.

Messaoud v SSHD [2019] EWHC 2948.

No responsibility SSHD to provide/arrange support for asylum seekers and dependants – obligation on the applicant -bail address – no statutory obligation to provide support – must consider s95 application.

Guidance:

1. EU Settlement Scheme caseworker guidance. Amendments have made to reflect changes to Appendix EU, mainly provision for the operation of the EU Settlement Scheme in the event that the UK leaves the European Union without a deal.
2. Updated list of approved English language tests providers.
3. UK ancestry. 1) migrants can apply for an extension of stay and indefinite leave after 5 years. 2) Clarification of switching rules.
4. Assessing destitution. Reflecting comments and observations of external organisations that attend the Asylum Support Group of the National Asylum Stakeholder Forum. Removal of the destitution threshold tables.

News:

1. NHS chiefs warn Johnson’s visa scheme will do nothing to stop post-Brexit staffing crisis, by The Independent.
2. Academics protest as Cambridge fellow told to leave Britain. Letter warns immigration rules may damage UK universities’ ability to attract global talent, by The Guardian.
3. The only way around the Home Office’s cruelty is to get your story in the news, by The Guardian.
4. Labour activists call on Corbyn to push radical stance on migration, by The Guardian.
5. Migration Observatory publishes updated briefing on asylum and refugees, finds initial decisions are now taking substantially longer, via EIN.
6. Labour promises ‘managed migration’ from EU after Brexit. There would be ‘fair rules’ for EU nationals not already in UK, by The Guardian.
7. Asylum seekers: Home Office taking ‘substantially longer’ on claims. In 2014, 80% of applicants received an initial decision within six months, compared with around 25% now, according to the Migration Observatory, via BBC.
8. Brexit could mean homelessness for EU children in care, says charity. EU settlement scheme poorly set up for vulnerable young people, by The Guardian.
9. Boris Johnson promises preferential immigration for NHS staff by The Guardian.
10. Man arrested after 15 people found alive in lorry in Wiltshire, by The Guardian.
11. Women for Refugee Women looks at effects of “period poverty” among refugee and asylum-seeking women via EIN.
12. Family of critically ill Windrush victim call for fast-track compensation, via The Guardian.
13. Charity says sorry for giving rough sleepers’ details to Home Office, via The Guardian.
14. Independent Monitoring Board’s annual report on immigration detention finds too many vulnerable people being detained via EIN.
15. UK tourism industry set to struggle under post-Brexit immigration plans, by The Guardian.
16. Home Office pays religious groups to help deport rough sleepers, by The Guardian.