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Legal update for week 28th March 2019 to 3rd April 2019

Appeals, administrative review and judicial review

3/4/19 Ullah [2019] EWCA Civ 550 dismissed JR of cancellation of leave to enter where HO had fresh evidence suggesting a previous application had been fraudulent, provides case law guidance on fresh evidence and binding nature of FTT decisions on the HO

­­Immigration control and the hostile environment

3/4/19 New guidance Windrush compensation scheme ; SSHD statement to Parliament Windrush Compensation Scheme ; and News Story Home Secretary launches Windrush Compensation Scheme

Asylum process and practice

2/4/19 H. and R.  Joined Cases C-582/17 and C-583/17  on whether effective remedy and Dublin criteria are mostly relevant in the Member State (MS) where asylum was claimed first – background here

1/4/19 Updated guidance Victims of human trafficking: competent authority guidance stated change: addition of detail stating that the Single Competent Authority may consider referrals from any First Responder from 01 April 2019

1/4/19 LAA guidance Expert witnesses in legal aid cases stated change: an updated version of the Guidance on the Remuneration of Expert Witnesses is published

30/3/19 Updated form Application for asylum support: form ASF1 no changes are specified

28/3/19 NN and LP [2019] EWHC 766 (Admin) interim relief granted for recognised victims of trafficking with pending asylum claims/appeals who are moved from the higher VoT support to the lower asylum support rate 45 days after conclusive grounds decision

British nationality law

2/4/19 Updated Nationality Guidance Registration as a British citizen: other British nationals stated changes: date in the ‘Discretion to waive immigration breaches’ section amended from 31/10/16 to 24/11/16; removal of “original” in relation to documents which could be submitted as evidence

1/4/19 Updated Nationality Guidance Registration as a British citizen: children of British parents stated changes: clarify that DNA evidence cannot be mandated and that no negative inference can be drawn if an applicant chooses not to supply such evidence; deletion of “original” in relation to documents which could be submitted as evidence

International protection

2/4/19 Updated CPIN Uganda: Sexual orientation and gender identity and expression stated change: updated country information and assessment

29/3/19 BF (Tirana – gay men) Albania [2019] UKUT 93 guidance on assessing asylum claims of openly gay men from Albania, including internal relocation to Tirana

28/3/19 Updated CPIN Burma: Rohingya (including Rohingya in Bangladesh) stated change: update following IAGCI-commissioned review

28/3/19 Updated CPIN Pakistan: Ahmadis stated change:  Updated assessment to take into account the Court of Appeal judgement, WA (Pakistan) 6 March 2019

Enforcement, detention, removal & deportation

3/4/19 New Enforcement guidance in Returns preparation added guidance ‘Suspension of enforced removal window’

28/3/19 Versluis v The Public Prosecutor’s Office In Zwolle-Lelystad, the Netherlands [2019] EWHC 764 (Admin) extradition held not to be oppressive for reasons of difference in medical treatment or delay, or to breach Art 8

28/3/19 Prystaj & Anor v Circuit Court of Zielona Gora, Poland [2019] EWHC 780 (Admin) extradition appeal by brothers dismissed on all grounds (delay, speciality, Art 8, abuse of process)

27/3/19 Morita & Ors [2019] EWHC 758 (Admin) unsuccessful JR of the pay regime for paid activity in detention centres

Visitors

29/3/19 Step-by-step guides Visit the UK for private medical treatment ; Visit the UK to do research

28/3/19 Riaz, R (on app of) [2019] EWHC 721 (Admin) unsuccessful JR of decisions to curtail and detain for working in breach of family visit visa conditions here

29/3/19 Online tool Check if you need a UK visa

29/3/19 Updated guidance Visiting the UK after Brexit stated change: Added information about controls on cash from the EU to the UK in a no deal

29/3/19 Online tool Apply for a Short-term study visa: step by step prepare supporting documents, apply, book and attend an appointment, what happens at the UK border

29/3/19 Online tool Visit the UK on a Permitted Paid Engagement visa prepare supporting documents, apply, book and attend an appointment, what happens at the UK border

29/3/19 Step-by-step guidance Apply for a Marriage Visitor visa: step by step prepare supporting documents, apply, book and attend an appointment, what happens at the UK border

28/3/19 Step-by-step guide Visit the UK on a Standard Visitor visa ; Apply for a visa to travel through the UK: step by step ; Visit the UK for a holiday or to see family or friends

28/3/19 Updated guidance Coming to the UK stated change: new information on restrictions or bans for bringing some food products in the UK

Points based system

3/4/19 Updated lists Register of licensed sponsors: students ; Register of licensed sponsors: workers

27/3/19 Sri Lalithambika Foods Ltd, R (on app of) [2019] EWHC 761 (Admin) unsuccessful JR of Tier 2 sponsor licence revocation, permission to appeal refused

2/4/19 Updated Modernised Guidance Family members of points-based system migrants stated change: covers the new categories of dependants in Appendix W in force from 29/3/19

2/4/19 Updated Policy Guidance Guidance on visa applications under Tier 5 (Youth Mobility Scheme) stated changes: minor housekeeping changes

2/4/19 Step-by-step guide Visit the UK on a business trip

2/4/19 Updated Policy Guidance Guidance on policy for UK visas under Tier 1 (Exceptional Talent) no changes are specified

2/4/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

1/4/19 Information page Temporary Worker – Seasonal Worker Visa (Tier 5) eligibility, documents you’ll need, and the application process

1/4/19 Updated Policy Guidance Guidance for dependants of UK visa applicants (Tiers 1, 2, 4, 5) no changes are specified

1/4/19 Updated Modernised Guidance Points-based system: Tier 1 (Exceptional Talent) stated changes: a number of changes following the Immigration Rules changes of 29th&30th March ‘19

1/4/19 Updated Modernised Guidance Points-based system: Tier 2 stated change: updated following the Immigration Rules change of 30/3/19

30/3/19 Updated Policy Guidance Guidance on application for UK visa as Tier 2 worker

29/3/19 Updated Modernised Guidance Indefinite leave to remain: calculating continuous period in UK stated changes: adds Innovator and Appendix W dependents, removes closed routes, corrects minor errors

29/3/19 Updated Modernised Guidance Points based system: Tier 1 (Investor) stated changes are set out on p7 of the policy

29/3/19 Collection Working in the UK (modernised guidance) stated change: new Innovator and Start-up guidance added: Start-up (Appendix W workers) ; Innovator (Appendix W workers)

29/3/19 New information pages Start-up visa ; Innovator visa eligibility, documents, switch to this visa, bring your family

29/3/19 New lists Endorsing bodies: Start-up ; Endorsing bodies: Innovator list of authorised organisations for the new Start-up and Innovator categories

29/3/19 New guidance Start-up and Innovator endorsing bodies: guidance

29/3/19 Apply for a Parent of a Tier 4 child visa: step by step prepare supporting documents, apply, book and attend an appointment, what happens at the UK border

29/3/19 Updated Modernised Guidance Points-based system: Tier 1 (Entrepreneur) stated change: guidance on how to process initial, switching and extension applications following the closure of the route to most new applicants

29/3/19 Updated Policy Guidance Guidance on application for UK visa as Tier 1 Investor ; Guidance on application for UK visa as Tier 1 (Entrepreneur) ; Guidance on applications under Tier 1 (Graduate Entrepreneur) no changes are specified

29/3/19 Updated Modernised Guidance Points-based system: Tier 1 (Graduate Entrepreneur) stated change: guidance following the Immigration Rules change of 29 March 2019, which reflect the closure of the route on 5 July 2019

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

3/4/19 Collection EU Settlement Scheme caseworker guidance new guidance for applications made under the EU Settlement Scheme during the public beta phase

3/4/19 Guidance Settled status for EU citizens and their families: translations in various European languages

2/4/19 News story UK and EEA EFTA states sign agreement to protect citizens’ rights in the event that a withdrawal agreement is not reached with the EU.

2/4/19 Collection EU Settlement Scheme: applicant information stated change: contact information has been updated

1/4/19 Updated guidance EU Settlement Scheme caseworker guidance stated change: new guidance EU Settlement Scheme: suitability requirements has been added

1/4/19 Statement of changes to the Immigration Rules: HC 2099, 1 April 2019 changes to Part 9, Appendix EU &Appendix EU (Family Permit) in force 2/4/19; changes to Appendix AR and Appendix AR(EU) in force 22/4/19 – see EIN article

1/4/19 News story Over 50,000 applications to the EU Settlement Scheme on opening weekend

30/3/19 Updated guidance EU Settlement Scheme: Assisted Digital service Saturday opening hours added

30/3/19 Updated guidance EU Settlement Scheme: application processing times

30/3/19 Updated guidance EU Settlement Scheme: apply for an administrative review stated change: added information about applying for administrative review from outside the UK

29/3/19 Updated list EU Settlement Scheme: ID document scanner locations Greenwich added

29/3/19 Guidance Preparing for EU Exit: Norway, Iceland and Liechtenstein page brings together guidance and information relating to Norway, Iceland and Liechtenstein (‘EEA EFTA States’), to help people and businesses prepare for our exit from the EU in all scenarios

29/3/19 Guidance Preparing for EU Exit: Switzerland page brings together guidance and information relating to Switzerland, to help people and businesses prepare for our exit from the EU in all scenarios.

29/3/19 Guidance from Department for Exiting the EU International Agreements if the UK leaves the EU without a deal

29/3/19 Updated Modernised Guidance Extended family members of EEA nationals stated change: added reference to appeal rights for EFNs if they meet the criteria of Reg 36(4) of the 2016 Regs following their amendment in 2019

29/3/19 Updated Modernised Guidance Free movement rights: family members of British citizens stated change (see p4 of the policy): amendments in light of Banger

29/3/19 Updated guidance EU Settlement Scheme: evidence of UK residence if residence cannot be confirmed through an automated check of UK tax and some benefits records. Stated change: added link to the automated check page

29/3/19 New guidance EU Settlement Scheme: frontier workers and their family members EU, EEA and Swiss citizens who work in the UK but live elsewhere

28/3/19 New guidance EU Settlement Scheme: application fee refunds

28/3/19 Policy paper Policy paper on citizens’ rights in the event of a no deal Brexit

28/3/19 Correspondence Costa Amendment: Correspondence with the EU Institutions Barclay and Barnier on ringfencing the citizens’ rights part of the Withdrawal Agreement in case of no deal

Miscellaneous

3/4/19 OISC information Office of the Immigration Services Commissioner – Our governance

2/4/19 News story Chief Inspector launches 2019-20 inspection plan also invites further suggestions for inspection topics or angles at any time during the year; corporate report ICIBI inspection plan 2019-20

1/4/19 Article Southall Black Sisters calls for draft Domestic Abuse Bill to properly include migrant women

29/3/19 Updated LAA guidance Escape cases electronic handbook no changes are specified

29/3/19 OISC guidance Application for Judicial Review Case Management apply to the OISC to undertake Judicial Review Case Management (checked and validated _ Mar 2019)

29/3/19 Updated OISC application forms for initial OISC registration, EU Settlement Scheme programme, maintaining registration, raising your levels and changing your legal status – no changes are specified, forms have been ‘checked and validated’

28/3/19 National statistics User guide to legal aid statistics in England and Wales supplements the quarterly legal aid statistics bulletin

28/3/19 Updated LAA forms and checklists EC-CLAIM 1: escape fee case claim form stated change: updated Electronic EC Claim1 forms: Digital claim forms for all escape case categories.

 

4th April 2019

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