Weekly Immigration Update 11 May 2020

A summary of the latest developments in Immigration law between 4 May 2020 to 11 May 2020.

Caselaw:

The Secretary of State for the Home Department v Devani [2020] EWCA Civ 612 (07 May 2020)

Extradition – Kenya – fraud – Article 3 ECHR – prison in Kenya not Article 3 ECHR complaint – assurance from Kenya Commissioner of Prisons for Kenya and its Director of Public Prosecutions – FTT allowed claim under Article 3 ECHR but recorded “dismissed” in determination – slip rule guidance – weight to be attached to news report.

Bajracharya, R (on the application of) v Secretary of State for the Home Department (para. 34 – variation – validity) [2019] UKUT 417 (IAC) (20 November 2019)

(1) Paragraph 34 [A-F] of the Immigration Rules is to be construed by the application of the ordinary principles of statutory construction, which start from the natural meaning of the words in their context

(2) Paragraph 34 requires applicants to make an application for leave to remain in accordance with the provisions of 34

(3) If a second application is submitted when the first application is outstanding, the second application will be treated as a variation of the first application [34BB(2)]

(4) If the variation does not comply with the requirements in paragraph 34 “the variation will be invalid and will not be considered” (paragraph 34E). Invalidity does not extend to the original application.

AS (Safety of Kabul) Afghanistan (CG) [2020] UKUT 130 (IAC) (1 May 2020)

Risk on return to Kabul from the Taliban:

(i) A person who is of lower-level interest for the Taliban (i.e. not a senior government or security services official, or a spy) is not at real risk of persecution from the Taliban in Kabul.

Risk of serious harm in Kabul:

(ii) There is widespread and persistent conflict-related violence in Kabul. However, the proportion of the population affected by indiscriminate violence is small and not at a level where a returnee, even one with no family or other network and who has no experience living in Kabul, would face a serious and individual threat to their life or person by reason of indiscriminate violence.

Reasonableness of internal relocation to Kabul:

(iii) Having regard to the security and humanitarian situation in Kabul as well as the difficulties faced by the population living there (primarily the urban poor but also IDPs and other returnees, which are not dissimilar to the conditions faced throughout many other parts of Afghanistan) it will not, in general, be unreasonable or unduly harsh for a single adult male in good health to relocate to Kabul even if he does not have any specific connections or support network in Kabul and even if he does not have a Tazkera.

(iv) However, the particular circumstances of an individual applicant must be taken into account in the context of conditions in the place of relocation, including a person’s age, nature and quality of support network/connections with Kabul/Afghanistan, their physical and mental health, and their language, education and vocational skills when determining whether a person falls within the general position set out above. Given the limited options for employment, capability to undertake manual work may be relevant.

(v) A person with a support network or specific connections in Kabul is likely to be in a more advantageous position on return, which may counter a particular vulnerability of an individual on return. A person without a network may be able to develop one following return. A person’s familiarity with the cultural and societal norms of Afghanistan (which may be affected by the age at which he left the country and his length of absence) will be relevant to whether, and if so how quickly and successfully, he will be able to build a network.

Previous Country Guidance:

(vi) The country guidance in AK (Article 15(c)) Afghanistan CG [2012] UKUT 163 (IAC) in relation to Article 15(c) of the Qualification Directive remains unaffected by this decision.

(vii) The country guidance in AK (Article 15(c)) Afghanistan CG [2012] UKUT 163 (IAC) in relation to the (un)reasonableness of internal relocation to Kabul (and other potential places of internal relocation) for certain categories of women remains unaffected by this decision.

(viii) The country guidance in AA (unattended children) Afghanistan CG [2012] UKUT 16 (IAC) also remains unaffected by this decision.

Guidance:

Coronavirus (COVID-19) Guidance:

1. Advice for UK visa applicants and temporary UK residents.

Country Guidance:

1. Albania: country policy and information notes. Added ‘Country policy and information note: mental healthcare.

General Guidance:

1. Offshore wind workers: Immigration Rules concession 2017
2. Withdrawing asylum applications
3. Windrush Compensation Scheme: privacy information notice
4. Endorsing bodies: innovator visa
5. Endorsing bodies: start-up visa

News:

1. JCWI calls for minimum income requirement to be suspended due to economic impacts of Covid-19 pandemic

2. Syrian man dies in Glasgow amid fears over refugees’ mental health

3. Refugee families reunited in UK after rescue flight from Greece

4. Family reunion rescue flight to bring vulnerable migrants from Athens to UK

5. ‘Finally, at last’: vulnerable migrants to leave Greece for UK
6. Charities call for safe routes for migrants to claim asylum in UK
7. Many key workers fear pay falling below Home Office income requirement
8. Everyone inside immigration detention centres must be freed
9. Home Office chartered plane to deport EU citizens during lockdown. Woman who was on flight from Stansted to Poland last week says distancing was impossible.
10. Coronavirus – UK detention centres ’emptied in weeks’.More than 700 detainees were released between 16 March and 21 April as the government responded to concerns about the spread of infection.
11. Eight-year-old boy takes Home Office to court for denying family benefits
12. Home Office accused of pressuring judiciary over immigration decisions
13. UK discriminating against EU citizens, say MEPs | Coronavirus outbreak
14. Just 273 people arriving in UK in run-up to lockdown quarantined
15. Calls grow to scrap NHS surcharge for migrant healthcare workers
16. Children’s Society finds ‘no recourse to public funds’ leaves thousands of children growing up in long-term poverty
17. Yarl’s Wood immigration removal centre held pandemic exercise in January