Monthly caselaw update: August 2020

A summary of the latest developments in Immigration law caselaw:

MA & Anor v The Secretary of State for the Home Department [2019] EWHC 1523 (Admin) (14 June 2019)

Article 3 investigatory duty – Power to compel witness attendance – Public hearings and concerns of private hearings – Victim involvement and representation.

Soltany & Ors, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 2291 (Admin) (21 August 2020)

Administrative decision-making – Conditions of detention; Delegated responsibility – Immigration removal centres – Legal certainty – Religious discrimination – Right to liberty and security – Right to respect for private and family life – Secretaries of State; Statutory powers.

Hussein & Anor (Status of passports: foreign law) Tanzania [2020] UKUT 250 (IAC) (30 July 2020)

Whether an appellant with a Tanzanian passport was in fact a national of Somalia and not a national of Tanzania. In determining this issue, the UT gave guidance as to (1) the proper approach in cases such as this, (2) the usefulness of a passport in assessing nationality and (3) the proper approach to issues concerning foreign law.

Headnote:

1. A person who holds a genuine passport, apparently issued to him, and not falsified or altered, has to be regarded as a national of the State that issued the passport.

2. The burden of proving the contrary lies on the claimant in an asylum case.

3. Foreign law (including nationality law) is a matter of evidence, to be proved by expert evidence directed specifically to the point in issue.

See our write up on this case here.

Akram, R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1072 (12 August 2020)

Delay – Dishonesty – Indefinite leave to remain – Reopening appeals.

Johnson v Secretary of State for the Home Department [2020] EWCA Civ 1032 (06 August 2020)

Deportation- Discrimination – Drug offences – EU law – Human rights – Jamaica – Leave to enter – Sensitive personal data – Transfer of personal data to third countries – Video evidence.

Y (Children In Care: Change of Nationality) [2020] EWCA Civ 1038 (06 August 2020)

Care orders – Care plans – Children’s welfare – Citizenship – Foster care – Local authorities’ powers and duties – Looked-after children – Nationality – Parental responsibility.

SW, R (on the application of) v Secretary of State for the Home Department [2020] EWHC 2118 (Admin) (15 July 2020)

Convictions – Detention – Eritrea – Ill health – Refugees – Residential accommodation.