Bloomsbury Immigration Law Briefing: January Teaser

In this month’s briefing we cover case law and other developments up to 7 December 2018. The much-anticipated Immigration White Paper was too late to be covered but will be in next month. In the briefing are a Rules change and the Home Office application process move to become digital.

There two Supreme Court decisions on Human rights issues. In Rhuppiah v SSHD UKSC 58 they looked at section 117B(5) and the issue of precariousness. In KO (Nigeria) [2018] UKSC 53 they looked at section 117B(6) and rule 276ADE(1)(iv) which concern children who have been in the UK for seven years. The Inner House in the Court of Session considered insurmountable obstacles in Mendirez v SSHD [2018] CSIH 65. The Upper Tribunal remind us in Thakrar (Cart JR; Art 8: value to the community) [2018] UKUT 00336 that in Article 8 analysis it is inappropriate to give people additional weight to their arguments to remain simply because they have a job that benefits the community. In MM (Malawi) & another v SSHD [2018] EWCA Civ 2482 the Court of Appeal declined to grant permission to take the case to the Supreme Court to give them the opportunity to consider Paposhvili v Belgium (Application no. 41738/10).

In cases dealing with EEA issues Singh (AP) v SSHD [2018] CSOH 96 looked at whether cousins of the non-EEA partner of a qualified person could count as extended family members. In UD v XB (Regulation (EC) No 2201/2003) Case C – 393 18 PPU the issue was habitual residence. Walltopia AD (Regulation (EC) No 883/2004) Case C-451/17 looks at posted workers and SSHD v Christy [2018] EWCA Civ 2378 looked at durable partners using Surinder Singh arguments.

There are further cases looking at Nationality, asylum and procedure.

The Immigration Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.