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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 - Insurance firms must pay many small firms for Covid lockdown losses

Tens of thousands of small businesses are set to receive insurance payouts covering losses in the first national lockdown, following a court ruling. The Supreme Court ruled that insurers must pay out for coronavirus-related losses.

In the lockdown of last spring, many firms took out business interruption insurance policies to cover them for unexpected events that caused them to stop trading. But many insurers refused to pay, arguing only the most specialist policies had cover for such unprecedented restrictions.

It was agreed that a selection of policy wordings should be tested in court, setti...

15.01.2021 - UK economy shrank by 2.6% in November

The UK economy shrank by 2.6% in November as fresh lockdown restrictions in England reduced economic activity, official figures show.

The Office for National Statistics (ONS) said it meant gross domestic product was 8.5% below its pre-pandemic peak.

This decline means the UK’s six-month run of growth since the first lockdown ended has now halted, and could be the first step towards a double-dip recession.

The services sector was hit hard, although some manufacturing and construction activity improved.

The closure of businesses such as pubs, hairdressers and many shops meant the sector contract...

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...

14.01.2021 - Covid Visa Concession Scheme

As a result of COVID-19 global travel restrictions, some persons who had leave to enter or remain in the UK have been unable to return to the UK to make an application for leave to remain (LTR) or indefinite leave to remain (ILR) before their current leave expires.

If they are a visa national, as they no longer have valid leave, they may not be able to return to the UK due to the carriers’ liability regime. The government’s position is that those affected by COVID-19 travel restrictions should not be penalised for circumstances beyond their control.

This scheme applies to the migrants who left...

13.01.2021 - Coronavirus in the UK: updates regarding the immigration rules (as of 12 January 2021)

People stuck in the UK

Some people who were in the UK when the pandemic hit were unable to leave before the expiry of their visa because of travel restrictions. The government had been allowing people in this situation to easily extend their visas through a simplified online application process, but that concession has now been replaced with “exceptional assurance”, a promise of extra time to stay that falls short of proper leave to remain.

Exceptional assurance was initially available only to those with a visa expiring up to 31 October, but the cut-off point has been pushed back as the virus ...

13.01.2021 - Rare statistics show rise in number of deportation orders upheld on appeal

One quirk of government statistics is that they no longer record how many deportation orders are successfully appealed. For tedious reasons of appeals law, since 2015/16 the relevant stats have only shown deportation appeals by EU citizens; deportation appeals by non-EU citizens are lumped into a larger category of “human rights”. So while we know that from 2010/11 to 2015/16, around two thirds of all deportation orders were upheld by the First-tier Tribunal, we don’t really know what has been happening over the past five years.

This is internal data collected by the Appeals Operations team, s...

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