Weekly Immigration Update 27 April 2020

A summary of the latest developments in Immigration law between 20 April 2020 to 26 April 2020.

Caselaw:

The Secretary of State for the Home Department v R (on the application of) Joint Council for The Welfare of Immigrants [2020] EWCA Civ 542 (21 April 2020)

“Right to rent” scheme – private landlords in England renting property under residential tenancy agreements to people who are not British, EEA or Swiss citizens – the evidence showed that discrimination was practised only by a minority of landlords – no interference with the Article 8 rights – the Scheme was entirely capable of lawful operation, in all cases – the scheme was a proportionate means of meeting the legitimate aim of discouraging illegal immigration – declaration of incompatibility under the Human Rights Act 1998 could not stand.

Ammari (EEA appeals – abandonment) [2020] UKUT 124 (IAC)

A grant of leave to remain under the EU Settlement Scheme does not result in an appeal against an EEA decision brought under the 2016 EEA Regulations being treated as abandoned.

MH (review; slip rule; church witnesses) Iran [2020] UKUT 125 (IAC).

Clerical mistakes etc can be amended under Rule 31 – Written and oral evidence by church ‘witnesses’ is ‘potential significant’ in cases of Christian conversion.

Younas (section 117B(6)(b); Chikwamba; Zambrano) [2020] UKUT 129 (IAC).

Article 8 ECHR appeal – Reliance on Chikwamba principles requires addressing relevant considerations in 2002 Act i.e. s117(1) – reasonable for child to leave UK – Zambrano.

Hysaj (Deprivation of Citizenship: Delay) [2020] UKUT 128 (IAC).

Starting point Rules and Policy in force at time of decision – still significant public interest in the deprivation of British citizenship acquired through fraud or deception.

WA (Role and duties of judge) Egypt [2020] UKUT 127 (IAC)

During the taking of evidence a judge’s role is merely supervisory – If something happens during a hearing that disrupts the normal course of taking evidence it is essential that the judge records what happened and why; who said what; and what decision the judge made and on what basis.

Guidance:

Coronavirus (Covid-19):

1. Coronavirus (COVID-19): This is advice for visa customers and applicants in UK & outside of the UK and British nationals overseas who need to apply for a passport affected by travel restrictions associated with coronavirus.
2. Coronavirus (COVID-19): advice for Tier 2, 4 and 5 sponsors
3. Coronavirus (COVID-19): get support if you’re a migrant living in the UK

Country Guidance:

1. Bangladesh: country policy and information notes. Updated country policy and information note on sexual orientation and gender identity, Bangladesh for April 2020.
2. Vietnam: country policy and information notes. Updated country policy and information note on trafficking, Vietnam for April 2020.

General Guidance:

1. Tier 2 and 5 sports governing bodies
2. Registration as a British citizen: children
3. Short-term students. Immigration staff guidance on how short-term student applications for entry clearance or leave to enter are considered.
4. Windrush scheme

News:

1. UK Border Force told US woman to go home because visit was ‘non essential’ | UK news | The Guardian
2. Scheme for EU citizens to stay in UK draws 3.4m applications | Politics | The Guardian
3. Homeless migrants still sleeping rough despite PM’s pledge, say charities | Society | The Guardian
4. UNHCR paper on good practice to address protection concerns in the context of the Covid-19 pandemic | Electronic Immigration Network
5. MPs urge government to suspend NHS immigration checks | Coronavirus outbreak | The Guardian
6. Priti Patel bullying row: ex-Home Office chief launches tribunal claim | Priti Patel | The Guardian
7. Labour calls for end to migrant benefit block during lockdown | Coronavirus outbreak | The Guardian
8. MPs warned of gaps in plan to extend NHS workers’ visas | Immigration and asylum | The Guardian
9. Right to rent rule ‘justified’ finds UK appeal court | Home Office | The Guardian
10. Coronavirus: Home Office accused of prioritising ‘tough’ immigration practices over public health | The Independent
11. Give citizenship to NHS workers | NHS | The Guardian
12. In the UK, white immigration is an asset – while everyone else is undesirable | The Independent