Deliberate and calculated: How the Home Office prevented access to the Immigration Health Surcharge Portal on 7 January 2019

In a deliberate and calculated move, the Home Office jumped the gun, in practice enabling the doubling of the Immigration Health Surcharge to become effective on 7 January 2019.

 

The effect of the increase to the charge is set out in a recent blog post: Doubling of the Immigration Health Surcharge: Paying through the nose to obtain a UK visa

The Immigration (Health Charge) (Amendment) Order 2018 No. 1389 was made on 18 December 2018 and is to the following terms, amongst other provisions:

 

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Not yet time for Supreme Court to revisit criteria in Article 3 medical condition cases says Court of Appeal

MM (Malawi) & Anor v the Secretary of State for the Home Department [2018] EWCA Civ 2482 (09 November 2018) as recently decided in the Court of Appeal, is  largely a follow up and conclusion of that Court’s considerations following remittal of MM’s case to the Upper Tribunal as per MM (Malawi) & Anor, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1365 (12 June 2018).

 

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New Iraq Country Information Notes: Current key considerations in claims for Humanitarian Protection

An updated Country Information Note on Iraq has now been published: Country policy and information note: security and humanitarian situation, Iraq, November 2018, Version 5.0, 19 November 2018.  This is to be considered in conjunction with the Note published last month: Country policy and information note: internal relocation, civil documentation and returns, Iraq, October 2018.

 

Relevant County Guidance caselaw and other   pertinent cases remain the following:

 

 

Relevant previous blog posts:

 

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The Supreme Court on the correct approach to parental misconduct and the reasonableness and unduly harsh tests

In relation to the “new” Rules introduced in July 2012 and the new statutory framework set out in Part 5A of the 2002 Act, giving the leading judgement, Lord Carnwath in the Supreme Court, in KO (Nigeria) & Ors v Secretary of State for the Home Department (Respondent) [2018] UKSC 53 (24 October 2018) had the following stinging criticisms to impart:

 

 

“……….It is profoundly unsatisfactory that a set of provisions which was intended to provide clear guidelines to limit the scope for judicial evaluation should have led to such disagreement among some of the most experienced Upper Tribunal and Court of Appeal judges. Rather than attempt a detailed analysis of all these impressive but conflicting judgments, I hope I will be forgiven for attempting a simpler and more direct approach. I start with the expectation that the purpose is to produce a straightforward set of rules, and in particular to narrow rather than widen the residual area of discretionary judgment for the court to take account of public interest or other factors not directly reflected in the wording of the statute. I also start from the presumption, in the absence of clear language to the contrary, that the provisions are intended to be consistent with the general principles relating to the “best interests” of children, including the principle that “a child must not be blamed for matters for which he or she is not responsible, such as the conduct of a parent” (see Zoumbas v Secretary of State for the Home Department [2013] UKSC 74, [2013] 1 WLR 3690, para 10 per Lord Hodge)”.

 

 

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Article 8 Private life claims: Positive value contribution to community must be very significant for a claim to succeed

Several issues arose in Thakrar (Cart JR, Art 8, Value to Community) [2018] UKUT 336 (IAC) (19 September 2018), one of them being whether the Claimant’s UK resident family as “ clear and overwhelming net contributors to the UK economy”, should be a relevant factor to be taken into account and carry weight in the Claimant’s Article 8 claim.

 

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Just when the Home Office thought Iraqi protection claims were well and truly buried, resurrection emanates from the Upper Tribunal

The Home Office has for well over a year been angling to throw a spanner in the works so far as continued reliance upon the guidance flowing from AA (Article 15(c)) ( Iraq CG [2015] UKUT 544 (IAC) is concerned.   The Secretary of State’s general position as set out in currently published Country Information Notes is that the security situation in Iraq has significantly improved. As is clear from those Notes, he has persistently sought to consign to the legal dustbin, the viability of continued reliance upon AA (Iraq )2015.

 

The Secretary of State’s currently published Information Notes on Iraq have been intended to bury the effect of AA(Iraq)2015, which has opened the doorway to a good number of Iraqi claimants succeeding in the Tribunal in their claims for protection owing to the security conditions in Iraq.

 

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