Weekly Immigration Update 17 June 2020

A summary of the latest developments in Immigration law between 10 June 2020 to 17 June 2020.

Caselaw:

BH (policies/information: SoS’s duties) Iraq [2020] UKUT 00189 (IAC):

(a) The Secretary of State has a duty to reach decisions that are in accordance with her policies in the immigration field. Where there appears to be a policy that is not otherwise apparent and which may throw doubt on the Secretary of State’s case before the tribunal, she is under a duty to make a relevant policy known to the Tribunal, whether or not the policy is published and so available in the public domain. Despite their expertise, judges in the Immigration and Asylum Chambers cannot reasonably be expected to possess comprehensive knowledge of each and every policy of the Secretary of State in the immigration field.

(b) In protection appeals (and probably in other kinds of immigration appeals), the Secretary of State has a duty not to mislead, which requires her to draw attention to documents etc under her control or in the possession of another government department, which are not in the public domain, and which she knows or ought to know undermine or qualify her case.

(c) There is a clear distinction between information and policy: the fact that country information is contained in a COI (country of origin) document published by the Secretary of State does not, without more, make that information subject to the duty in sub-paragraph (a) above.

SC (paras A398 – 339D: ‘foreign criminal’: procedure) Albania [2020] UKUT 187 (IAC) (27 April 2020

1. Paragraph A398 of the immigration rules governs each of the rules in Part 14 that follows it. The expression ‘foreign criminal’ in paragraph A398 is to be construed by reference to the definition of that expression in section 117D of the Nationality, Immigration and Asylum Act 2002: OLO and Others (para 398 – ‘foreign criminal’) [2016] UKUT 56 affirmed; Andell (foreign criminal – para 398) [2018] UKUT 198 not followed
2. A foreign national who has been convicted outside the United Kingdom of an offence is not, by reason of that conviction, a ‘foreign criminal’ for the purposes of paragraphs A398-399D of the rules.
3. In the absence of a material change in circumstances or prior misleading of the Tribunal, it will be a very rare case in which the important considerations of finality and proper use of the appeals procedure are displaced in favour of revisiting and varying or revoking an interlocutory order: Gardner-Shaw (UK) Ltd v HMRC [2018] UKUT 419 followed.
   

Chowdhury (Extended family members: dependency) [2020] UKUT 188 (IAC) (29 April 2020)

The words “and continues to be dependent” in regulation 8(2)(c) of the Immigration (European Economic Area) Regulation 2006, properly characterised, require an applicant to establish that there has not been a break in their dependency on the EEA national sponsor.

FH v Secretary of State for the Home Department [2020] EWHC 1482 (Admin) (10 June 2020)

Deportation – Paragraph 353 of the Immigration Rules – section 120 notice – family and private life (Article 8 ECHR) – passage of time – length of residence in the UK – dismissed.

Merca, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 1479 (Admin) (08 June 2020)

Interim relief – release applicant to section 95 accommodation – granted.

Guidance:

Updated Country Guidance:

1. Kenya – internal relocation.

Coronavirus (COVID-19) Guidance:

1. Advice for UK visa applicants and temporary UK residents
2. Tier 4 sponsors, migrants and short-term student
3. Advice for Tier 2, 4 and 5 sponsors

First-tier Tribunal Updated Practice Directions:

1. First-tier Tribunal (Immigration and Asylum Chamber) issues new practice statement on arrangements during the Covid-19 pandemic

General Guidance:

1. Windrush Compensation Scheme: full rules
2. Applying for a UK visa: approved English language tests
3. Immigration Act 2014: appeals
4. Public funds
5. Unaccompanied asylum seeking children and leaving care: funding instructions
6. Indefinite leave to remain: calculating continuous period in UK
7. Adults at risk in immigration detention. Interim instruction added on the consideration of detention decisions in relation to coronavirus.

News:

1. Home Office ‘has no idea how many people are in the UK illegally’
2. Freedom from Torture says Home Office’s ‘culture of disbelief’ permeates asylum interviews and is failing survivors of torture
3. Home Affairs Committee examines Home Office’s handing of visas and immigration during Covid-19 pandemic
4. Boris Johnson’s racism inquiry: have previous ones changed anything?
5. MPs criticise exclusion of NHS workers from free visa extensions
6. Hong Kong activists urge UK to spell out extended visa offer
7. The Guardian view on coronavirus harms: pandemic shows inequities are deadly | Editorial
8. The Windrush generation deserves justice – not video chats with the home secretary
9. Councils ask for UK to lift bars on emergency help for migrants
10. Home Office ordered to pay for hotel for family in unsafe accommodation
11. Refugee on hunger strike over age dispute with Home Office
12. Is Kevin Foster, the immigration minister, on another planet?
13. The UK’s ‘new’ points-based immigration system isn’t fairer, faster or firmer – it’s complete nonsense | The Independent
14. Black Lives Matter – Priti Patel’s interference is abuse of power, say police chiefs.
15. Catholic leaders condemn Priti Patel’s immigration crackdown for shutting out people trying to ‘contribute to society’