MPs Urge Government to Suspend NHS Immigration Checks

MPs have urged the government to suspend NHS charges and immigration checks during the coronavirus crisis, and have warned that undocumented migrants are dying at home because they are afraid to seek medical care. A letter to the health secretary, Matt Hancock, signed by 60 MPs warns that the government’s efforts to respond to the pandemic are being undermined by the legacy of its hostile environment policies. The letter cites the case of a Filipino man, known only as Elvis, who died on 8 April while self-isolating at home with Covid-19 symptoms. He did not seek care “fearing that he would be charged thousands of pounds for his treatment, or that he would face immigration enforcement if he tried to access care”, the letter said. It added that the man’s wife also has the virus but is not seeking help for the same reasons. Elvis’s death came days after that of another man, known only as Rey, according to human rights group Rapar.

The Kanlungan Filipino Consortium, which supports vulnerable migrants from the Philippines, has said there are many undocumented workers in the UK in a similar situation. “They have lost their jobs due to the lockdown and are ineligible for government support,” said Susan Cueva, from the consortium. “They often live in crowded conditions with other undocumented workers and they are too scared to go to a doctor or hospital.” Calls to stop NHS data-sharing with the Home Office and suspend healthcare charges for overseas visitors have been backed by the British Medical Association, the Royal College of Physicians and Doctors of the World.

Read more: Aaron Walawalkar, Guardian, https://is.gd/jimik2

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California is launching a $125m disaster relief fund for undocumented immigrants, the first of its kind in the nation, California governor Gavin Newsom announced Wednesday. Undocumented immigrants make up 10% of California’s workforce, Newsom said, but are ineligible for unemployment insurance, pandemic unemployment assistance and federal stimulus support. “Regardless of your status, documented or undocumented, there are people in need,” Newsom said. “And this is a state that steps up, always to support those in need, regardless of status.”

The governor noted that there was an over representation of the undocumented workforce in essential services, “in the healthcare sector, in the agriculture and food sector, in the manufacturing and logistics sector, and in the construction sector.” “We feel a deep sense of gratitude for people that are in fear of deportation but are still addressing the essential needs of tens of millions of Californians,” he said. More than 2 million undocumented immigrants live in California, making up 6% of the state’s overall population. Last year, undocumented immigrants paid $2.5bn in local and state taxes, Newsom said. But still amid this crisis, many find themselves in the impossible situation of having to choose between healthcare and legal status, or continuing essential work without protections.

Read more: Vivian Ho, Guardian, https://is.gd/Qm9FE3t

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Online Petition: Access to Healthcare, Housing, Food For All Undocumented/Destitute/Migrant Peoples

We the undersigned call upon the Prime Minister of the UK and the Taoiseach of Ireland to use their vested powers to instruct the British and Irish States to act immediately and in all ways necessary so that ALL undocumented people, destitute people and migrant people in the legal process in both the UK and Ireland are granted Status Now, as in Leave to Remain. In this way every human, irrespective of their nationality or citizenship, can access healthcare, housing, food and the same sources of income from the State as everyone else.

Everyone has the right to be in an environment where they can follow the Public Health directives necessary to limit COVID19 viral transmission to the absolute minimum and to care for themselves, their loved ones and their living and working communities. People living in extreme poverty and/or destitution and/or without immigration status in the UK or Ireland and/or without access to the NHS or the Irish Health System:

Are unable to socially isolate as needed
Cannot access health care, and income and other social support
Cannot contribute openly and without fear, to making the population as safe as possible, alongside everyone else

Migrant people who are in the legal system cannot keep physically safe on their allowances, because those allowances don’t amount to enough money to eat healthily, or buy and apply appropriate cleaning materials, and many are living in accommodation where they cannot socially isolate as they may want and need to.

All people who are destitute and/or undocumented and living in the shadows fear what will happen to them if they identify themselves, cannot access healthcare, emergency shelter and food, nor report or seek protection from domestic violence, rape, exploitation and other abuses - levels of which are already rising.

It is imperative - being in everyone’s best interests - that the basic needs of all are met.

You can sign the petition here: https://is.gd/dGBSHm

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Approach to be Taken in the Definition “Partner” in a Deportation Case’

In the recent deportation case of Buci (Part 5A: “partner”: Albania) [2020] UKUT 87 (IAC)('Buci') the Upper Tribunal (Lane J (President) + Mandalia (Upper Tribunal Judge)) has: (i) defined the meaning of “partner” for the purposes of the exception contained at sections 117C(5)/117D(1) of the Nationality, Immigration and Asylum Act 2002; and (ii) clarified that, even if the relationship relied upon is not with a 'partner', it will still be necessary to consider the effect of deportation on the other person.

Definition and Consideration of Effect. After considering the definition of 'partner' in GEN 1.2 of Appendix FM (Family members), the Upper Tribunal stated, at paragraph 19: 'The starting position, we find, is that anyone who satisfies the definition of "partner" in GEN.1.2. should, as a general matter, be regarded as being a "partner" for the purposes of Part 5A. Where a person does not fall within this definition, the judge will need to undertake a broad evaluative assessment of the relationship, having regard to the factors...'

As to 'the factors', the Upper Tribunal said, at paragraph 18: ‘The expression "partner" means a person to whom one has a genuine emotional commitment, of the same basic kind as one sees between spouses and civil partners, albeit not necessarily characterised by present cohabitation. A "partner" is not the same as a friend, however strong the friendship may be. Nor is an adolescent's or other young person's boyfriend or girlfriend necessarily a "partner". The position may, however, change if the relationship becomes sufficiently serious and committed.' Even where the other person to the relationship is not within the definition of 'partner', the decision maker must go on to consider the effect of deportation upon that person. The Upper Tribunal summary provides that, at (4): ‘Where, conversely, a relationship is not categorised as that of partners, it will still be necessary to consider the effect of deportation on the other person, by reference to section 117C(6). In the light of NA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 662, it is the substance of the relationship that needs to be examined and, in this type of case, it will be productive of error to draw too bright a line between section 117C(5) and (6).’

Comment  The definition statement in Buci of 'partner' is no doubt a welcome addition to the law. But also, Buci now clarifies that decision makers cannot ignore the relationship only because this does not meet the definition of ‘partner’ under sections 117C(5)/117D; they have to make a rounded assessment in order to consider whether the effect of deportation would be so serious as to amount to a disproportionate interference with Article 8 under s 117C(6).

Source: Ishrat Mahmud 33 Bedford Row, https://is.gd/wHk7yN

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