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Immigration Update 3 February 2020


Sheraaz Hingora is a Barrister specialising in Immigration and Asylum law, Public law, Family law and false imprisonment claims at Clarendon Park Chambers.
3 Feb 2020

A summary of the latest developments in Immigration law between 20 January 2020 to 3 February 2020.

Legislation:

  1. The European Union (Withdrawal Agreement) Act 2020 (Commencement No. 1) Regulations 2020.

Case Law:

MSU (S.104(4b) notices) v SSHD [2019] UKUT 412.

Where s.104(4A) applies to an appeal, neither the FtT nor the UT has any jurisdiction unless and until a notice is given in accordance with s.104(4B) – UT has power to extend time for a s.104(4B) notice.

AC (Algeria) v SSHD [2020] EWCA Civ 36.

Re “grace periods” – time allowed for SSHD, once detention has ceased to comply with the Hardial Singh principles, to make suitable arrangements for release.

Uz-Zaman Munim v SSHD [2020] EWCA Civ 49.

Reconsideration – no real prospect of success on its merits – Denton test – 2 year delay – no good reason for delay – dismissed.

Statement of changes to the Immigration Rules:

  1. Statement of changes to the Immigration Rules: HC 56, 30 January 2020.

Guidance:

  1. Interviewing suspects

  2. Knowledge of language and life in the UK

  3. Immigration Act 2014 – appeals.
  4. Visiting the UK from 1 January 2021

Country Guidance:

  1. Bangladesh – country policy and information notes.
  2. Pakistan – country policy and information notes.
  3. Iraq – country policy and information notes. Removed ‘Country policy and information note: Ba’athists, Iraq, November 2016’ and replaced attachment with ‘Country policy and information note: Ba’athists, Iraq, January 2020’.

News:

  1. Home Office lawyers routinely deploying ‘legally unsound’ arguments in court, say immigration solicitors
  2. New Australian-style point based immigration system ‘to be introduced in UK by the end of the year’
  3. Windrush scandal: ‘A billion pounds can’t buy back my happiness’

  4. Boris Johnson ‘to ditch £30,000 salary threshold’ for immigrants in Australian-style shake-up

  5. Top EU official Tells Johnson to face ‘dose of realism’ as PM claims Brexit now crossing ‘finish line’
  6. Home Office admits some immigration data ‘only held on paper’
  7. Brexit bill passes parliament as Johnson overturns Lords amendments. Opposition MPs condemn government after defeat of Dubs measure on child refugees.
  8. Windrush man who served in British army for nine years told there is no record of him.
  9. Brexit: Business leaders call on Priti Patel to lower minimum wage for migrant workers
  10. Bosses set out immigration priorities after Brexit. The UK’s largest business, trade and education bodies have set out their priorities for a post-Brexit immigration system.
  11. Press release: Home Office announce new visa scheme to come into effect on 20 February. Boost for UK science with unlimited visa offer to world’s brightest and best.
  12. Priti Patel vows tough immigration rules ahead of government commissioned review.
  13. Migrant salary threshold fall ‘would boost public sector.’ Skilled migrants (outside EU) currently need a job offer with a minimum salary of £30,000. The Migration Advisory Committee (MAC) said it should fall to £25,600 for all workers.
  14. Migration committee advises against full points-based system for UK. Independent migration advisory committee has rejected a full shift to an Australian points-based system (PBS).
  15. UK & EEA EFTA States sign Separation Agreement. “Agreement protects rights of 17k UK nationals in EEA EFTA States & 15k EEA EFTA nationals in UK, ensuring at the end of the Transition Period they will enjoy broadly the same rights as they do now.”
  16. ‘The Home Office is destroying their lives’: Father-of-two set to be deported to Jamaica after being ‘unlawfully’ detained.’
  17. Home Office Promotional material – EU Settlement Scheme: introduction for employers.
  18. Brexit: Do Britons now agree about leaving the EU? where does the public now stand on Brexit and what do they think it should mean for immigration and the economy?
  19. Brexit: UK to quit EU at 23:00 GMT, as PM promises ‘new dawn.’ In a video message to be released an hour earlier, Prime Minister Boris Johnson – who led the 2016 campaign to leave – will call Brexit a “new dawn”.
  20. Home Secretary, Priti Patel, writes in The Sun: “I am proud to be part of a Government that got Brexit done – now let’s unleash brilliant Britain.”
  21. UK begins new chapter outside European Union. European leaders have expressed sadness at the UK leaving the EU, with France’s Emmanuel Macron emphasising Britain’s “unrivalled ties” with the French.
  22. Brexit: Britain ‘will not be aligning with EU rules’ . Dominic Raab argued agreeing to stick strongly with EU regulations would “defeat the point of Brexit”.
  23. Brexit and the first of many tests for our parliamentary system.
  24. Speak only English’ posters racially aggravated, say police. ‘Happy Brexit Day’ sign at Norwich flats said foreign tongues would not be tolerated.

 

 

 

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