Legal Update for week 16th May to 22nd May 2019

Immigration control and the hostile environment

22/5/19 Updated guidance Windrush Compensation Scheme stated change: list of engagement events updated

General requirements of the rules and guidance, application process

21/5/19 Consultation response Home Office’s immigration statistics – arrivals data

20/5/19 News story Government expands use of ePassport gates to 7 more countries

Points based system

16/5/19 Khajuria [2019] EWHC 1226 failed JR on the refusal of a Tier 1 (Entrepreneur) Migrant and a challenge to the legality of Paragraph 46-SD(h)(i) Apendix A.

International protection

21/5/19 UNHCR guidance Guidance Note on International Protection Considerations for Venezuelans – Update I

Asylum process and practice

22/5/19 Updated guidance Country Policy and Information Note Afghanistan: Sikhs and Hindus – no changes specified.

20/5/19 Article UN Committee against Torture expresses concerns over UK’s use of immigration detention and treatment of asylum seekers  – concluding observations issued following review into UK’s record of preventing torture and ill-treatment

17/5/19 Updated guidance UK resettlement programmes: funding instruction 2019 to 2020 – funding instruction and medical costs workbook added

16/5/19 New guidance Country Background Note Nigeria

16/5/19 ERA v Basildon And Thurrock Hospitals NHS Foundation Trust & Anor [2019] EWHC 1249 on the issue of whether a pending asylum applicant is exempt from NHS charges.

Human rights law

21/5/19 O.O. v. Russia (App no. 36321/16) held that deportation was a violation of Article 3

21/5/19 A.S. v. Russia (App no. 17833/16) on the violation of Article 5 through detention

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

22/5/19 EU Settlement Scheme: ID document scanner locations stated change: location in Cleethorpes added

21/5/19 Chenchooliah Case C-94/18, Opinion of AG Szpunar on the free movement rights of a third country national

18/5/19 News story Poles call for revolt against having to apply for settled status

17/5/18 Updated guidance EU Settlement Scheme: application processing times

15/5/19 Coban Case C-677/17 on the EEC-Turkey Association Agreement and receipt of social security

British nationality law

21/5/19 Correspondence ILPA Correspondence: with the German embassy regarding retention permit (login required)

Enforcement, detention, removal & deportation

17/5/19 Article Association of Visitors to Immigration Detainees publishes updated and expanded handbook – practical new handbook for visitors is available as an e-book or in print

17/5/19 RA (Iraq) [2019] EWCA Civ 850 dismissed appeal on ‘limbo’ status, whereby a person is prevented by continuing circumstance from being deported, but also prevented by lack of leave to remain from working

16/5/19 Bialkowski [2019] EWHC 1253 (Admin) dismissed appeal held extradition to serve a 6 month sentence in Poland was not in breach of Article 8

15/5/19 R [2019] 5 WLUK 256 (login required) on the legality of detaining a foreign national with a view to removal when there is an appeal pending as to whether the foreign national was entitled to a residence card

Miscellaneous

22/5/19 LAA updated Civil news: change of process in family high cost cases from 3 June 2019  streamlining Care Case Fee Scheme (CCFS) events cases

21/5/19 LAA updated Family high cost cases stated change: full governance check complete. Guidance updated to reflect process change

20/5/19 Correspondence Innovator and Start Up endorsing body CodeBase have requested to be removed from the list – list yet to be updated

16/5/19 OISC update Application for registration with the OISC New edition of Application for Registration Guidance Note

16/5/19 LAA guidance Civil Legal Aid services from September 2019 headline intentions document published for future tender of specialist telephone and face-to-face civil legal advice (CLA) services

16/5/19 LAA update Civil Legal Aid Services from September 2019