0121 236 5514

Immigration cases 2020—July to December review

Lexis Nexis Immigration analysis: Adam Pipe, barrister at No.8 Chambers, reviews the key cases from July 2020 to December 2020 for immigration advisers, and explains why they are of interest.

The review covers the government unlawfully passing regulations preventing individuals with pre-settled status to access certain benefits, guidance on establishing whether someone is a victim of human trafficking, sponsor licence revocations and the principle of ‘fairness’, gaps in lawful residence for indefinite leave to remain applications on the basis of long residence and the unlawful Presidential Guidance Note issued during the coronavirus (COVID-19) pandemic. It also covers deportation and asylum updates and successful challenges to the Home Office’s policies in relation to Schedule 10 accommodation, the removal window and trafficking.

Hot off the press: latest key decisions

View the review as a pdf.

Deportation, Unduly Harsh and Errors of Law

In this video Adam Pipe goes through the recent Court of Appeal decision AA (Nigeria) v Secretary of State [2020] EWCA Civ 1296 (09 October 2020) [http://www.bailii.org/ew/cases/EWCA/Civ/2020/1296.html] which gives some helpful guidance on Article 8 deportation appeals, the unduly harsh test and the wider question of error of law findings by the Upper Tribunal.

Link to Video.

New UK Immigration Route: Hong Kong British National (Overseas) Visa

In this video I go through the new immigration route from BN(O)s which will open from January 2021 and the provisions for those who need to apply for leave to remain outside of the rules before the new visa opens.

View Youtube video.

The Home Office estimate there are approximately 2.9 million BN(O) citizens still alive so this is an important visa to be aware of.

The policy documents referred to in this video are:

Hong Kong British National (Overseas) Visa Policy Statement

Guidance British Nationals (Overseas) in Hong Kong