Immigration Update 2 December 2019

A summary of the latest developments in Immigration law between 25 November 2019 to 2 December 2019.

Case law:

Hemmati and others v SSHD[2019] UKSC 56.

Unlawful detention – asylum seekers – Chapter 55 EIG – Chapter 55 did not comply with articles 28(2) and 2(n) of the Regulation – unlawful detention found.

Ismail v SSHD [2019] EWHC 3192 (Admin)

unlawful detention claim – not detained in accordance with Article 28 of the Dublin III Regulation – Duty of Candour – detention was unlawful, not in accordance with Dublin III Regulation/2017 Regulations.

Karagul & Ors v SSHD [2019] EWHC 3208.

LTR businesspersons under ECAA – whether admin review violates EU principle of effectiveness – whether decisions on “genuine intention” or “genuine wish” were in breach of common law fairness standards.

Al-Enein v SSHD [2019] EWCA Civ 2024.

Good character requirement where breach of immigration laws – Whether conflict between Statute and SSHD’s policy – even if all requirements met, SSHD retains discretion

Guidance:

1. Right of abode
2. Appeal bundles

Country guidance:

1. Egypt: country policy and information notes.

News:

1. Freedom from Torture says Supreme Court judgment on false imprisonment of asylum seekers is scathing indictment of Home Office practices.
2. General election 2019: PM pledges help for struggling firms after Brexit.
3. General election 2019: Tory plan to improve border security after Brexit.
4. EU net migration to the UK falls to lowest level since 2003.
5. Reducing migration has little to do with Brexit – we’ve had a points-based system since 2008.
6. Migrant Voice survey finds a significant number of people experience problems applying to the EU Settlement Scheme, via EIN.
7. Home Office unlawfully imprisoned asylum seekers, supreme court rules. Thousands of people, including survivors of torture and trafficking, likely to be entitled to compensation.
8. ‘I still suffer trauma’: Home Office’s unlawful detentions – case study.
9. Home Office asylum detentions ruled unlawful as appeal unanimously dismissed by Supreme Court.
10. High fee ‘removes children’s right to UK citizenship’, court hears. ‘Exorbitant’ £1,012 registration fee costs the Home Office £372 to process.
11. Home Office reverses attempt to remove Jamaican man ‘to Iraq.’ O’Neil Wallfall was refused leave to remain for failing to show his life would be at risk in country he has never visited.