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Legal update for week 11th April 2019 to 17th April 2019

Asylum process and practice

17/4/19 ILPA Correspondence Head of Asylum Operations regarding Asylum Casework Service Standards (login required)

16/4/19 ILPA Correspondence Asylum Support Casework of UKVI re. Closure of the s.96 inbox (login required)

Points based system

17/4/19 Sajjad, R (on app of) [2019] EWCA Civ 720 unsuccessful JR of Tier 1 Entrepreneur LTR refusal, holding that a ‘director’s loan’ in App A para 46-SD(a)(iii) has no specialist meaning

16/4/19 Article Court of Appeal allows appeals against paragraph 322(5) refusals

16/4/19 Balajigari [2019] EWCA Civ 673 where SSHD is minded to refuse ILR refusals on r322(5) based on alleged tax discrepancies, an opportunity for an explanation must be given – see press summary

17/4/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

12/4/19 Updated Guidance on application for UK visa under Tier 5 (Temporary Worker) stated changes are listed on page 6 of the guidance

­­Immigration control and the hostile environment

12/4/19 Updated guidance for landlords Ending a tenancy due to immigration status


16/4/19 Report by Rights of Women Accessible or Beyond Reach – navigating the ECF system

16/4/19 Article Fabian Society publishes collection of essays calling for a fairer immigration system

12/4/19 Article Reminder: Law Commission consultation on simplifying the Immigration Rules closes in two weeks

17/4/19 Updated collection DNA evidence in immigration applications: review information ; and new report Review into the requirement for DNA evidence to be provided in immigration cases

17/4/19 Updated LAA guidance Civil news: escape cases and civil finance handbook updates and new guidance on expert witnesses

11/4/19 OISC Press release Richmond woman guilty of providing illegal advice.

Appeals, administrative review and judicial review

16/4/19 Anwar (rule 17(1): withdrawal of appeal) [2019] UKUT 125 guidance on the determination of the validity of appeal withdrawal

15/4/19 CJ (international video-link hearing: data protection) [2019] UKUT 126 on the lawfulness, under GDPR, of evidence in immigration tribunal appeals given by video link from abroad

11/4/19 R (on the application of Hoxha and Others) (representatives: professional duties) [2019] UKUT 124 only OISC representatives accredited at Level 3 and specially authorised to conduct JR matters are authorised to do so, and it is a professional duty to check medical reports

General requirements of the rules and guidance, application process

15/4/19 ILPA Correspondence Jon Drew of UKVI re. VAC/ASC Biometrics still suspended (login required)

Enforcement, detention, removal & deportation

12/4/19 Palioniene v Prosecutor General’s Office, Lithuania [2019] EWHC 944 (Admin) extradition appeal involving issues of a child’s welfare, the admission of new evidence, and assurances regarding prison conditions

11/4/19 EYF (Turkey) [2019] EWCA Civ 592 there is no presumption for or against revocation of deportation orders after 10 years have elapsed since it was made, which is assessed in each case based on individual circumstances

11/4/19 RA (s.117C: “unduly harsh”; offence: seriousness) [2019] UKUT 123 on the application of the ‘unduly harsh’ test in s117C(5) and of s117C(6) to all foreign criminals, including those sentenced to less than 4 years

16/4/19 Updated guidance Detention case progression panels stated changes: amended sections Pre-Panel Preparation, Timing and Scheduling of Panels and Case Progression Panel Roles and responsibilities

16/4/19 Updated Enforcement Guidance Returns preparation stated change: new voluntary and assisted returns guidance

16/4/19  Updated guidance First-tier Tribunal bail: completing the bail summary stated change: Content deleted from the Checking the Police National Computer (PNC) section

Family based applications

12/4/19 AB (Jamaica) & Anor [2019] EWCA Civ 661 it is not a requirement of s117B(6) that there is a realistic prospect of a child leaving the UK as a result of their parent’s removal

12/4/19 Updated Modernised Guidance Appendix FM 1.0b: family life (as a partner or parent) and private life: 10-year routes and Updated IDI Appendix FM 1.0a Family Life (as a Partner or Parent): 5-Year Routes and exceptional circumstances for 10-year routes for both of which the stated change is: clarification that leave to enter or remain as a fiancé, fiancée or proposed civil partner is to enable the marriage or civil partnership to take place in the UK

International protection

16/4/19 Updated CPIN Libya: Actual or perceived supporters of former President Gaddafi stated change: updated country information and country policy

12/4/19 Updated CPIN Nigeria: Sexual orientation and gender identity or expression stated change: COI updated

12/4/19 New CPIN Zimbabwe: Medical and healthcare issues

British nationality law

11/4/19 Article PRCBC updates information for EEA and Swiss national children, Home Office announces funding for settled status help

12/4/19 Paper Citizenship Application Forms are back

European Union law, EEA free movement, settled status and Brexit

11/4/19 Tarola v Minister for Social Protection C-483/17 Article 7(1)(a) and (3)(c) of the Citizens’ Directive mean that worker status, after working for 2 weeks,  is retained for 6 months if registered as a jobseeker

16/4/19 Information pages Residence documents for foreign nationals in the UK ; Apply for a permanent residence document if you’re from the EU, EEA or Switzerland ; Apply for a registration certificate if you’re from the EU, EEA or Switzerland

12/4/19 News story Funding awarded to support vulnerable EU citizens apply for settled status 57 organisations throughout the UK have been awarded funding from £9 million available, supporting an estimated 200,000 vulnerable or hard to reach EU citizens.

12/4/19 Updated guidance EU Settlement Scheme: ID document scanner locations stated change: new locations added

12/4/19 Correspondence Technical update to the Withdrawal Agreement

12/4/19 New Nationality Guidance Nationality forms guide

12/4/19 Guidance Visiting the UK after Brexit

11/4/19 Updated guidance EU Settlement Scheme: how we use your personal information stated change: translated information added

11/4/19 Updated guidance Example case studies: EU Settlement Scheme

11/4/19 Updated promotional material EU Settlement Scheme: employer toolkit ; EU Settlement Scheme: community leader toolkit

11/4/19 Government response Confirmation of UK Government agreement to extend Article 50 Letter from the UK’s Permanent Representative to the EU to the President of the European Council concerning Article 50 extension

18th April 2019

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