Immigration Update 23 December 2019

A summary of the latest developments in Immigration law between 16 December 2019 to 23 December 2019.

Case Law:

MB (Internal relocation – burden of proof) Albania [2019] UKUT 392 (IAC).

Where respondent has identified location, Burden of proof remains on the appellant to prove why that location would be unduly harsh – evaluation exercise is holistic.

JW & Ors v SSHD (Tier 1 Investor; control; investments) [2019] UKUT 393 (IAC).

Meaning of ‘control’ in paragraph 245ED(e) of Appendix A (specifically in Table 8B and 9B) of the Immigration Rules – natural and ordinary meaning.

Sahebi (Para 352(iii): meaning of “existed”) [2019] UKUT 394 (IAC).

Para 352A(iii) – show formal existence of a marriage or civil partnership – less formal relationships, no need to show that the relationship had qualitative character.

Ejiogu ( Cart cases) [2019] UKUT 395 (IAC).

Cart JR – additional grounds – Tribunal follow same procedure as default.

Rana (s. 85A; Educational Loans Scheme) [2019] UKUT 396 (IAC).

s85A of the 2002 Act – paragraph 1B(d)(7) of Appendix C – some element of government or official involvement.

R (The Project for the Registration of Children As British Citizens & Ors) v Secretary of State for the Home Department [2019] EWHC 3536 (Admin).

Charging a citizenship fee of over £1,000 to children is unlawful – failing to assess children’s best interests – Section 55 of the Borders, Citizenship and Immigration Act 2009 – certificate granted to the claimants to apply directly to the Supreme Court for permission to appeal – granted permission to appeal to the Home Office.

Guidance:

1. Asylum screening and routing.

News:

1. Boris Johnson’s ‘new immigration department’ plan could expand hostile environment, experts warn.
2. Boris Johnson shoves no-deal Brexit back on the table.
3. Brexit bill to rule out extension to transition period.
4. Lower British courts to overrule EU law.
5. Three generations of Windrush family struggling to prove they are British.
6. Windrush victim rejects ‘insulting’ offer of £22,000 payout.
7. Asylum seeker ‘stabbed in eye by husband’ while awaiting Home Office ruling.
8. New Dover MP seeks urgent talks as 69 migrants picked up
9. Queen’s speech: what is in Boris Johnson’s 2020 programme?
10. High court says UK’s £1,012 child citizenship fee is unlawful