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Legal update for week 18th April 2019 to 24th April 2019

­­Immigration control and the hostile environment

24/4/19 Updated guidance Windrush Compensation Scheme stated change: added engagement events in Greenwich, Swansea, Cardiff and Newport

General requirements of the rules and guidance, application process

23/4/19 ILPA resource UKVI update: VFS ASC service reinstated (login required)

Routes outside the points-based system and Appendix FM; Home Office concessions; conventions beyond the ECHR

18/4/19 Updated guidance Offshore wind workers: Immigration Rules concession 2017 stated change: April 2019 update published, extending the concession for 12 months to 21/4/20

Points based system

23/4/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

International protection

24/4/19 Updated CPIN Albania: Sexual orientation and gender identity stated change: update of assessment to take account of country guidance case of BF

British nationality law

23/4/19 New form Application for a certificate of entitlement to the right of abode (form ROA) no changes are specified

Appeals, administrative review and judicial review

23/4/19 Administrative review stated change: clarification that there is no right to an administrative review of a decision under Appendix EU (Family Permit)

23/4/19 EU Settlement Scheme: apply for an administrative review stated change: updated apply online link, and reference to applying for a review of a decision on settled status applications made from abroad

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

24/4/19 Collection EU Settlement Scheme: translated information materials further translated information materials added

24/4/19 News story UK-Swiss transitional migration arrangements for a no deal scenario The UK and Switzerland have reached an agreement on transitional migration arrangements in the event of a no deal Brexit

17/4/19 Amendment Regulations, in force from 7/5/19, restricting access to benefits and housing to holders of pre-settled status whose rights under the 2016 EEA Regs do not entitle them to such assistance: The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) (EU Exit) Regulations 2019 ; The Social Security (Income-related Benefits) (Updating and Amendment) (EU Exit) Regulations 2019 ; The Child Benefit and Child Tax Credit (Amendment) (EU Exit) Regulations 2019

Asylum process and practice

24/4/19 Asylum Policy Guidance Dublin III Regulation stated change: guidance updated to reflect changes to DNA Policy Guidance 31/4/19

17/4/19 NN, R (on app of) [2019] EWHC 1003 (Admin) continuation of interim relief barring automatic cessation of trafficking support 45 days after receipt of positive CGD, and permission granted to JR 3 aspects of Victims of Modern Slavery policy – case note here

12/4/19 Ali v Serco Limited and Others [2019] CSOH 34 held that evictions without court orders of failed asylum seekers were lawful where notice, as provided in the terms of the Occupancy Agreement, was given

23/4/19 Updated guidance Asylum, migration and integration fund programme stated change: updated Model national programme AMIF

Enforcement, detention, removal & deportation

24/4/19 Updated guidance Detention case progression panels stated changes: to sections on Pre-Panel Preparation, Timing and Scheduling of Panels and Case Progression Panel Roles and Responsibilities

23/4/19 Article HM Inspectorate of Prisons criticises “prison-like” conditions at Colnbrook immigration removal centre

23/4/19 Updated guidance Regulation of Investigatory Powers Act 2000 (RIPA) on how the legislative requirements of RIPA relate to surveillance in IRCs; no changes are specified

23/4/19 Updated collection Detention services orders stated change: Detainee escort records added to the collection

16/4/19 Szalai v The Tribunal of Veszpre, Hungary [2019] EWHC 934 (Admin) dismissed extradition appeal involving previous breaches of assurances regarding prison conditions

16/4/19 District Court in Krakow, Poland v Pawlikowska-Zawada [2019] EWHC 985 (Admin) events during the passage of time while being a fugitive offender cannot be used as evidence that extradition would be oppressive or unjust

16/4/19 Walleed, R (on app of) v Secretary of State for Justice [2019] EWHC 984 (Admin) unsuccessful JR of decision not to move the claimant to open prison

Miscellaneous

25/4/19 Article Asylum Aid and Migrants Resource Centre announce they will now be known as Consonant

24/4/19 Updated OISC guidance How to complete and upload OISC electronic application forms ; Marking scheme for OISC competence assessments ; OISC competence assessment tips ; OISC competence assessments: dates and venues ; OISC competence assessment process

24/4/19 Updated OISC landing page Office of the Immigration Services Commissioner

16/4/19 H (Abduction: Retention In Non-Contracting State), Re [2019] EWCA Civ 672 the Hague Convention on the Civil Aspects of International Child Abduction 1980 does apply to retention of a child in a non-Convention state, where the child is habitually resident in a Convention State

 

 

24th April 2019

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