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Weekly Immigration Update 18 May 2020


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

A summary of the latest developments in Immigration law between 12 May 2020 to 18 May 2020.

Statement of Changes to the Immigration Rules:

Statement of changes to the Immigration Rules: CP 232, 14 May 2020

The following sections shall take effect on 4 June 2020. If an application is supported by a Certificate of Sponsorship (CoS) or endorsement assigned before this date or an application for entry clearance, leave to enter or leave to remain is made before 4 June 2020, they will be decided in accordance with the Immigration Rules in force on 3 June 2020:

  • Part 5 – Paragraphs 5.1 to 5.10
  • Part 6A – Paragraphs 6A.1 and 6A.2
  • Appendix W – Paragraph W1 to W41

The following sections shall take effect on 24 August 2020:

  • Appendix EU – Paragraphs EU.1, EU.2, EU.5, EU.7 to EU.11, EU.13 to EU.15, EU.17 and EU.18
  • Appendix EU (Family Permit) – Paragraphs EU(FP).1 to EU(FP).5 and EU(FP).7

The other changes set out in this statement shall take effect on 4 June 2020.


Caselaw:

QX v Secretary of State for the Home Department [2020] EWHC 1221 (Admin) (15 May 2020)

Section 11(2)(d) of the Counter-Terrorism and Security Act 2015 – Review of obligations imposed after return to the United Kingdom under a Temporary Exclusion Order (TEO) – Whether article 6(1) of the European Convention on Human Rights (the Convention) applies to a review under section 11(2)(d) – Request for disclosure.


Chandran v Secretary of State for the Home Department [2020] EWCA Civ 634 (14 May 2020)

Discretionary Leave to Remain – refusal by SSHD – delay and its impact on Article 8 ECHR claim – Asylum Policy Instructions – Asylum and Human Rights Policy Instruction: Further Submissions – dismissed


Garrec & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2020] EWCA Civ 621 (12 May 2020)

Interim relief – EEA deportation – Regulation 33, 36 and 41 of the EEA Regulations


Nmai, R (on the application of) v The Secretary of State for the Home Department [2020] EWHC 1139 (Admin) (12 May 2020)

Refusal to issue British Passport – Identity not accepted by SSHD on multiple occasions – declaration that Claimant is a British Citizen born in the United Kingdom – DNA evidence.


Guidance:

Coronavirus (COVID-19) Guidance:

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents. Updated Secure English Language Test (SELT) contact information.

Country Guidance:

  1. Sri Lanka: country policy and information notes

General Guidance:

  1. Naturalisation as a British citizen by discretion: nationality policy guidance
  2. Entry clearance fees: ECB06
  3. Shortage occupation list: call for evidence

News:

  1. Coronavirus crisis ‘increases suffering of most vulnerable refugees’
  2. Tories accused of hypocrisy over key workers with immigration bill
  3. New statement of changes to the Immigration Rules makes changes to EU Settlement Scheme and Start-up and Innovator categories
  4. Home Office lost passport of man battling for decades to remain in UK
  5. Northern Ireland-born British and Irish win EU citizenship rights
  6. House of Commons Library publishes comprehensive overview of the new points-based immigration system
  7. Migration Advisory Committee seeks views on skills shortages
  8. The story of black nurses in the UK didn’t start with Windrush
  9. Anger as Priti Patel says NHS fees paid by foreign health staff must stay, just three weeks after announcing ‘review’ | The Independent
  10. New report from the APPG on Social Integration on social connection during COVID-19.
  11. Coronavirus: More visa extensions urged for foreign key workers.
  12. What is the future for travel and migration in age of Covid-19? | Coronavirus outbreak | The Guardian
  13. Syrian man dies in Glasgow amid fears over refugees’ mental health

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