Immigration Update 25 November 2019

A summary of the latest developments in Immigration law between 18 November 2019 to 25 November 2019.

Case law:

CI (Nigeria) v The Secretary of State for the Home Department [2019] EWCA Civ 2027

Deportation – Article 8 ECHR – Whether the Upper Tribunal judge was correct in law to conclude that CI had not been lawfully resident in the UK for most of his life – Section 117C(4)(a) of the 2002 Act – meaning of “lawfully resident” – no legitimate expectation to private life where foreign national in the UK in breach of immigration laws – successful asylum seekers – delay in granting indefinite leave to remain – effect of mental health – very compelling circumstances

Secretary of State for the Home Department v KF (Nigeria) [2019] EWCA Civ 2051

Deportation – Article 8 ECHR – KO (Nigeria) consideration – unduly harsh under paragraph 399A of the Immigration Rules.

SSHD v E3 & Anor [2019] EWCA Civ 2020.

Whether SIAC had erred in law in concluding that the Secretary of State bore the burden of proof on the “specific” question of the effect of the Note Verbale – Even if the burden of proof in respect of the Note Verbale was on the Secretary of State, SIAC was wrong to conclude that the evidence was insufficient to discharge that burden.

Guidance:

1. Call for evidence: Chief Inspector invites anyone with knowledge and experience of the Home Office’s Presenting Officer function to submit evidence for his next inspection.
2. Check someone’s settled or pre-settled status.
3. View and prove your settled or pre-settled status.
4. EU Settlement Scheme caseworker guidance derivative right to reside (Chen&Ibrahim/Texeira cases); and Zambrano right to reside guidance updated. EU Settlement Scheme interim guidance: gender identity and sex markers on documents added.
5. Biometric information

Country Guidance:

1. China – country policy and information notes. Christians guidance document.
2. Pakistan: country policy and information notes. Updated Hazaras guidance document.
3. Democratic Republic of t.he Congo: country policy and information notes. Replaced the Democratic Republic of Congo – Opposition to Government document.
4. Ethiopia: country policy and information notes. Replaced the Country Policy and Information Note Ethiopia: Oromos document.
5. Sudan: country policy and information notes. Replaced Sudan country policy and information note, non-Arab Darfuris, September 2018 with a new version.

Forms:

1. Forms: Application for change of conditions of leave to allow access to public funds if your circumstances change.

News:

1. Conservative manifesto pledges an Australian-style points-based immigration system with more controls to reduce numbers and attract the “best and brightest”, via EIN.
2. All migrants deserve support – not just the ‘good’ ones.
3. Windrush victim forced to sleep in London bin shed Roy Harrison, who came to Britain from Jamaica aged six, fighting removal.
4. Home Office facing investigation for breach of law over outsourced visa service deluged with complaints.
5. Immigration under Labour would be driven by values, says Abbott
6. Windrush: the scandal isn’t over. Amelia Gentleman discusses his case.
7. Labour manifesto promises to end hostile environment and establish a humane immigration system built on human rights that meets UK’s skills shortages, via EIN
8. Liberal Democrats manifesto policies include retaining free movement, scrapping the hostile environment and introducing a time limit on immigration detention, via EIN
9. Migrants detained in Libya for profit, leaked EU report reveals. Exclusive: document calls for ‘immediate action’ to save lives after EU renews coastguard deal.
10. Dozens of migrants found in refrigerated container on ferry.
11. Calls to scrap ‘immoral’ NHS fee for foreign staffParliament’s Foreign Affairs Committee publishes report on the human cost of irregular migration, via EIN