Immigration Update 18 November 2019

A summary of the latest developments in Immigration law between 12 November 2019 to 18 November 2019.

Case law:

DC (trafficking: protection/human rights appeals) Albania [2019] UKUT 351.

A tribunal deciding a protection or human rights appeal, which concerns alleged trafficking, should follow a 3 step process.

TS (interpreters) Eritrea [2019] UKUT 00352 (IAC).

Interpreter – appellant understanding – judge’s assessment of interpreter – putting questions to interpreter – detect difficulties – raise matter with judge – duty to ensure fair hearing.

MA (Cart JR: effect on UT processes) Pakistan [2019] UKUT 00353 (IAC).

Cart JR – Refused permission to appeal by UT – considerations by UT for oral hearing after permission granted by High Court – material change.

Das (paragraph 276B – s3C – application validity) [2019] UKUT 00354 (IAC).

Valid application to be assessed according to law in force at that time – timely applications to amend grounds.

MS (British citizenship; EEA appeals) Belgium [2019] UKUT 00356 (IAC).

Rhuppiah v SSHD flexibility for EU children – Establish British Citizenship – effect of British Citizenship on s117B considerations.

Ahmed (rule 17; PTA; Family Court materials) [2019] UKUT 00357.

Permission to appeal – out of time – Respondent can raise timeliness issues before substantive decision – disclosure of documents from Family Court proceedings – contempt of court.

SB (refugee revocation; IDP camps) Somalia [2019] UKUT 00358 (IAC).

IDP camp no breach of Article 3 ECHR – revocation of refugee status – Somalia country guidance affirmed – Court of Appeal’s previous judgements to be followed.

DS v Secretary of State for the Home Department [2019] EWHC 3046 (Admin).

Government’s policy – victim of human trafficking – international’s law requirement to assist such victims – cannot delegate duty to non-state bodies – rigid policy.

Guidance:

1. Windrush Compensation Scheme update.
2. Criminal investigation: sham marriage. Guidance revised to include up to date definition of sham marriage and updated links to legislation and other guidance products.
3. Family of people settled or coming to settle (immigration staff guidance). Added guidance on the English language requirement for family members.
4. English Language requirement: family members.
5. Chapter 08: appendix FM family members (immigration staff guidance).

Country Guidance:

1. Pakistan: country policy and information notes. Country policy and information note on prison conditions added.
2. India: country policy and information notes. Note on prison conditions added.
3. India: tuberculosis test clinics for a UK visa.

First-tier Tribunal (Immigration and Asylum Chamber):

1. Practice Statement authorising Tribunal Caseworkers First-tier Tribunal (Immigration and Asylum Chamber) to carry out functions of a judicial nature. Replaces previous version dated 28 September 2018.

Immigration Rules:

1. Immigration Rules archive: 6 October 2019 to 30 October 2019.

News:

1. P&O ferry rescues migrant trying to swim from France to UK, by The Guardian.
2. How the government is using children like my daughter as pawns in their destructive Brexit game. “A failure to implement European law between 2002 and 2006, by The Independent.
3. Man died in immigration detention after staff ‘dismissed’ stroke as sign he had taken spice, by The Independent.
4. Windrush victim dies without compensation or apology, by The Guardian.
5. Tory pledge to cut immigration triggers Labour ‘fake news’ row, by The Guardian.
6. How immigration became Britain’s most toxic political issue, by The Guardian.
7. ‘CVs at bottom of pile’: Britons in EU say Brexit is taking its toll, by The Guardian.
8. Will net immigration reach 840,000 a year under Jeremy Corbyn? By The Guardian.
9. Rising proportion of EU citizens in UK given temporary ‘pre-settled status’, by The Guardian.
10. Serco’s evictions of refused asylum seekers lawful, judges rule, by The Guardian.
11. Britons who legally smoke cannabis in the US ‘risk being deported.’ Warning comes amid rise in expulsions under federal law – even in states where drug is legal.
12. General election 2019: So where do main parties stand on immigration? Via BBC.
13. Refugee groups bitterly disappointed after Scottish Court of Session rules Serco’s policy of evicting refused asylum seekers is lawful, via EIN.
14. Immigration to the UK may rise or fall but our laws are still barbaric, by The Guardian.
15. General election 2019: Conservatives promise ‘equal’ immigration system by the BBC.