News

26.01.2021 - Procedural unfairness arguments unlikely to help in Points Based System refusals

The Court of Appeal has held that there is no right based on procedural fairness for a migrant to be offered a chance to cure deficiencies in his or her Points Based System application before it is refused. The case is R (Taj) v Secretary of State for the Home Department [2021] EWCA Civ 19. Practitioners considering such challenges may wish to note the two-stage test set out in the judgment of Lord Justice Green.

Facts

Mr Taj appealed against refusal of his application for permission to remain in the UK as a Tier 1 (Entrepreneur). The main reason for refusal was that he failed the “genuineness...

26.01.2021 - Man who lived in UK under assumed identity for over a decade wins right to stay

Stealing someone’s identity is not a “false representation” for the purposes of a 20-year long residence application, the Upper Tribunal has found. The case is Mahmood Bangladesh [2020] UKUT 376 (IAC).

Bangladeshi national Sultan Mahmood, 41, has been living in the UK since at least 1996, but not as Sultan Mahmood. To his employer, his doctor and the taxman he was British citizen Rezaul Karim, 44, having adopted that man’s identity (and National Insurance number) and lived in that guise for over a decade.

In 2009, Mr Mahmood applied for indefinite leave to remain. He did so in his own name, bu...

26.01.2021 - HMRC waives penalty for late filing of self-assessments

HM Revenue & Customs (HMRC) has announced that it will waive fines for self-assessments that miss the 31 January deadline, as long as they are filed online by 28 February.

Typically, not meeting the deadline would result in an automatic £100 penalty.                                                                                                                       

The tax agency said more than 8.9 million customers have already filed their tax returns.

However, taxpayers are still required to pay their tax bills by 31 January.

Treasury Committee chairman and Conservative MP for Central Devo...

26.01.2021 - Care workers at risk of missing out on EU settled status

Care workers eligible for the EU Settlement Scheme seem unaware of the need to apply, a new report has found.

The Joint Council for the Welfare of Immigrants (JCWI) surveyed 290 social care workers and found that as many as one in three had never heard of the Settlement Scheme, which allows EU citizens and their family members who apply before 30 June 2021 to remain in the UK despite Brexit.

Survey responses were collected between January and March 2020, mostly from eastern Europeans. The results showed that “1 in 7 care workers surveyed online either did not know or were not sure what the EUS...

25.01.2021 - UK firms told to set up in EU to avoid trade disruption

UK firms that export to the EU say they are being encouraged by the government to set up subsidiaries in the bloc to avoid disruption under new trade rules.

Firms have been hit by extra charges, taxes and paperwork, leading some to stop exporting to the EU altogether.

But several say they have been told that setting up hubs in Europe would minimise the disruption, even if it means moving investment out of the UK.

The Department for International Trade said it was "not government policy".

"The Cabinet Office have issued clear guidance, available at www.gov.uk/transition, and we encourage all bu...

22.01.2021 - When can an immigration decision involving human rights be appealed?

The distinction between a “claim” and an “application” was at the heart of the Upper Tribunal’s recent decision in Yerokun (Refusal of claim; Mujahid) Nigeria [2020] UKUT 377 (IAC).

Mr Yerokun made an application for permission to remain in the UK based on his human right to private and family life. This application was refused, but he was granted leave “outside the Immigration Rules” for a period of six months. Since his human rights application for a longer stay had been refused, he appealed. In 2018, the First-tier Tribunal agreed that he had a right of appeal against the refusal and procee...

22.01.2021 - UK borrowing hits highest December level on record

UK government borrowing hit £34.1bn last month, the highest December figure on record, as the cost of pandemic support weighed on the economy.

It was also the third-highest borrowing figure in any month since records began in 1993, the Office for National Statistics said.

The figures underline Chancellor Rishi Sunak's problems as he prepares his March Budget.

Separately, a survey suggested activity at UK firms fell sharply this month.

The closely-watched Purchasing Managers' Index (PMI) from IHS Markit/CIPS found a "steep slump in business activity" during in January as lockdown measures conti...

21.01.2021 - Minor offence can trigger deportation, human rights court confirms

The European Court of Human Rights has confirmed that the final offence committed by someone before deportation action is taken against them does not need to be particularly significant if they have a history of serious offending. In Munir Johanna v Denmark (application no. 56803/18) and Khan v Denmark (application no. 26957/19) the court has confirmed the earlier decision of Miah v the United Kingdom (application no. 53080/07).

Danish deportation law is quite different from the UK system. The applicants in these cases were issued with suspended deportation orders by the Danish criminal courts...

18.01.2021 - Covid: Airport support scheme to open in England

The government has announced plans for a financial support scheme aimed at airports in England.

The scheme is expected to open this month in response to new travel curbs introduced to slow the spread of the Covid-19 pandemic.

The suspension of the travel corridors at 4am on Monday 18 January means arrivals who have departed from or transited through any country outside the UK, Ireland, Channel Islands or the Isle of Man will be required to self-isolate for 10 days.

Passengers will need to show proof of a negative coronavirus (Covid-19) test to travel to England. The emergency measures at the b...

15.01.2021 - Post-Brexit customs systems not fit for purpose, say meat exporters

UK meat exporters have claimed post-Brexit customs systems are "not fit for purpose", with goods delayed for hours, sometimes days, at the border.

The British Meat Processor Association said even experienced exporters were struggling with the system.

It said meat exports to the EU were 25% of normal levels for this time of year.

Some meat importers were starting to look at alternative suppliers in Spain and Ireland.

Nick Allen, chief executive of the British Meat Processor Association, said: "Fundamentally, this is not a system that was designed for a 24/7, just-in-time supply chain. The expor...

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