The appeals provisions are further curtailed under section 63 of the immigration Act 2016. These provisions came into force on 1st December 2016. Section 63 deal with " remove first and appeal later". There is therfore more incentive for the SSHD to certify Human rights claims that do not contain an asylum or other protective element as clearly unfounded and thus without merit . All this is part of the Government's plan to make the UK a less attractive country to settle for migrants of various categories and asylum seekers
Certification has thus the effect of preventing an appeal from being presented in the UK courts and tribunals, so that an appeal may only be brought from outside the UK. It can however be challenged at the Upper tribunal ( UT), by permission to apply for a judicial review of the decsion to certify. Any further application will be to the Court of Appeal on a point of law and only if the UT or failing that the Court of Appeal grant permission. Therfore in cases that have been certified, there will be no further oral application for permision to reconsider the decision on ther papers to the UT under The Tribunal Procedure ( Upper Tribunal) Rules 2008, rule 30 ( 4) ( a).
There is also now a power to cancel section 3 leave. Section 3C of the immigration Act 1971 deals with continuation of leave to remain on the same basis and in accordance with the same conditions as the applicant had before the visa expired, provided that such application for an extension or a variation of leave to remain, was made prior to the expiry of that previous leave. If an applicant has failed to comply with the conditions of his/ her leave or has used deception in seeking leave to remain, then section 3 leave can be cancelled under section 62 of the 2016 Act.
The Government has said that before they consider to certify a claim they will look into human rights concerns and the best interest of the child provision. The Supreme Court will consider in February 2017 the question of whether out of country appeals under the current " deport first and appeal later", provisions, meet the requirement of procedural fairness under article 8 of the ECHR folllowing the case of R ( Kiarie) v SSHD ( 2015) EWCA Civ 1020.
Tenancies and illegal working
The new residential tenancy provisions under sections 39-41 came into force on 1st December 2016. These now include the criminal offence of leasing premises to a person disqualified from renting and the new powers of eviction.The provision has already been brought into force for the purpose of the Government making subordinate regulations and it has laid draft regulations under these and under separate provisions on current bank accounts.
The restrictions on illegal working for taxi drivers and the provisions on illegal working closure notices and compliance orders both came into force on 1st December 2016.
Command of English language generally
Some provsiosn came into force in November 2016. For example the duty on public authorities to ensure that public sector workers in customer facing roles within the UK have a command of spoken English ( or in Wales, Welsh or English) sufficient to enable effective performance of their role came into force as from 21st November 2016.
immigration Rules changes
The statement of changes in immigration Rules was published on 3rd November 2016.The 28 day grace period for the consideration of applications for further leave to remain where a client has overstayed has been abolised for applications made on or after 24th November 2016, and more restrivitve provsions put in place so that the period of time is now reduced to 14 days.
The rules bring in the first phase of changes to Tier 2 ( general) and Tier 2 ( inter- compnay Transfers), of the PBS system following the Migration Advisory Committee review.
The immigration ( European Economic Area) Regulations 2016 ( SI 2016/1052) have been laid before parliament . These replace the Immigraion ( European Economic Area) Reguations 2006 ( SI 2006/1003) achieving a much needed consolidation. It appears that the prospect of Brexit has pursuaded the Home office that it can break EU law with inpunity.
The debate continues as to the right of EEA nationals in the UK post Brexit with increasing attention being given in the debate to the question of sector based quotas, with or without preferentail access for EU nationals.
The tribunal appeal fees were substantially increased recently only to return to their previous levels prior to the increase due to pressure from various groups such as ILPA.
The Calais camp ( commonly known as " the jungle"), was cleared in an operation that began on 21st October 2016. The UK and French Governments had failed to make provisions to move all unaccompained children from the camp, let alone bring them to the UK, before the clearance started and children watched as the camp burned, some sleeping rough for a few nights. Practical support came from volunteers. The UN Committee on the Rights of the child issued a strongly worded statement, although not unitl 2nd November 2016, in saying that " the best interest of the child have been completely disregarded." Children have now been bused to various temporary centres elsewhere in France, to await transfer to the UK under the provision of the Dublin iii regualtion, which create obligations to reunite them with Family members and provisions whjch give powers to transfer them when to do so would be in their best interests.
Dr Bernard Andonian Consultant Solicitor.