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The latest updates and news on Immigration law
Home Office grants Temporary protection for more applicants to the Settlement Scheme. So those who have or applying late to the EU Settlement Scheme, and joining family members, will have rights protected while their application is determined. https://www.gov.uk/government/news/temporary-protection-for-more-applicants-to-the-settlement-scheme
The Upper Tribunal has addressed the issue of whether human rights grounds can be argued in an EU rights of residence appeal. Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC) and the official headnote reads:
Where no notice under section 120 of the 2002 Act has been served and where no EEA decision to remove has been made, an appellant cannot bring a Human Rights challenge to removal in an appeal under the EEA Regulations. Neither the factual matrix nor the reasoning in JM (Liberia) [2006] EWCA Civ 1402 has any application to appeals of this nature.
The protection afforded to children by way of the 7 years rule has been diluted in a new Court of Appeal decision, NA (Bangladesh) v Secretary of State for the Home Department [2021] EWCA Civ 953. paragraph 28 that: The upshot is that the effect of Lord Carnwath’s reasoning in KO (Nigeria) is that […] in a case falling under the seven-year provision where neither parent has leave to remain the starting-point for a decision-maker is the common-sense proposition that it will be reasonable to expect the qualifying child to leave the UK with their parents. That is necessarily inconsistent with the so-called “powerful reasons doctrine” apparently endorsed by Elias LJ in MA (Pakistan).
Or, “to put it more plainly, the seven-year provision does not create a presumption in favour of a seven-year child, and thus their parents, being granted leave to remain” (paragraph 29).
But nor does this create a presumption in the “opposite direction”, added Lord Justice Underhill at paragraph 30. Instead, it represents no more than “a common-sense starting-point”,
Land Grabbing - Pakistan
On the 13th April 2021 it was announced by the Syed Zulfiqar Bukhari, Special Assistance to Prime Minister on Overseas Pakistanis and Human Resources Development that Pakistan is to set up ‘fast-track’ courts to settle land-grabbing cases of overseas Pakistanis. Land grabbing has become an issue in Pakistan with many in the UK affected by what is occuring in Pakistan. For more information see https://www.landportal.org/node/99449. This followed on from the Prime Minister intention to pursue those who seek land grab - see https://www.dawn.com/news/1616809
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