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Legal update for week 2nd May 2019 to 8th May 2019

­­Immigration control and the hostile environment

2/5/19 Article MPs ask Equality and Human Rights Commission to investigate Home Office over ‘hostile environment’ and Windrush

General requirements of the rules and guidance, application process

7/5/19 VFS update Meeting with Tanya Goldfarb, Jennifer Stevens and VFS (26 April 2019) list of salient points (ILPA login required)

7/5/19 Updated ‘visas and entry clearance’ guidance UK tuberculosis technical instructions no changes are specified

7/5/19 Updated guidance Australia: apply for a UK visa & Bahamas: apply for a UK visa from page ‘Worldwide help and services’ at https://www.gov.uk/world

2/5/19 Updated list Applying for a UK visa: approved English language tests no changes are specified

Visitors

8/5/19 Updated guidance British-Irish visa scheme for Chinese and Indian nationals who can visit the UK and Ireland using a single visa. Stated change: Chinese translation added

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

3/5/19 Updated guidance Guidance for Syrian nationals in the UK on how to extend their visa stated change: the concession cannot be used to switch into an immigration route specified in Equality (Syria) Authorisation 2019 if route closes to new applicants during the concession

Points based system

8/5/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

International protection

8/5/19 Updated CPIN Nepal: country background note no changes are specified

8/5/19 New CPIN Iraq: Medical and healthcare issues

7/5/19 New CPIN Bangladesh: Medical and Healthcare issues

Asylum process and practice

7/5/19 Nyamayaro and Okolo [2019] CSIH 29 dismissed appeals against refused JRs of reduced asylum support rates paid to single parents

7/5/19 Article Home Office abandons six-month target for asylum claim decisions Human rights lawyers alarmed as government scraps target for 98% of straightforward claims

3/5/19 Correspondence Preliminary Information Questionnaire letter ILPA to HO and response from Kerstin Thompson (ILPA login required)

3/5/19 House of Lords Select Committee Future UK-EU asylum cooperation – call for evidence launched

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

8/5/19 SF C-631/17 where seamen work for an employer, based in an EU member state, on board a third country vessel and maintain residence in a member state, social security laws of that state continue to apply to them

3/5/19 Updated guidance EU Settlement Scheme: application processing times no changes are specified

3/5/19 Updated Modernised Guidance Derivative rights of residence stated changes: to reflect Patel & clarification on Zambrano  NB: pages 52-53 require mandatory refusal of any Zambrano application where a parent of a British child could apply under Appendix FM

2/5/19 News story EU Settlement Scheme: Call for evidence Chief Inspector invites anyone with knowledge and experience of the Scheme to submit evidence for his next inspection

2/5/19 Corporate report EU Settlement Scheme public beta testing phase report sets out the key findings of the public test phase of the EU Settlement Scheme

2/5/19 News story Inspection Report Published: An inspection of the EU Settlement Scheme on preparations for the launch of the EU Settlement Scheme – page links to report An inspection of the EU Settlement Scheme and policy paper Response to an inspection of the EU Settlement Scheme

2/5/19 A and Others C-70/18 ECJ opinion regarding the biometrics requirement for Turkish workers and their family members, and the sharing of the obtained data for crime databases

British nationality law

7/5/19 Correspondence: reply UKVI to PRCBC regarding online vs paper nationality forms see RLG post of 9.40 am (login required)

Enforcement, detention, removal & deportation

8/5/19 Article Time limit on detaining immigrants could save £35m a year, says study

7/5/19 Article European Asylum Support Office publishes new judicial analysis on the detention of asylum seekers

7/5/19 AM (Somalia) [2019] EWCA Civ 774 deportation appeal of former refugee dismissed on Art 8 grounds as there had been a break in integration through particular disregard for the law and estrangement from family

7/5/19 Article Video technology for courts “still has long way to go”

3/5/19 TM (Kenya), R (on app of) [2019] EWCA Civ 784 on the lawfulness of solitary confinement in immigration detention

25/4/19 The Circuit Court of Warszawa-Praga v Maciejec [2019] SC EDIN 37 dismissed extradition appeal of a fugitive involving consideration of the right to a fair trial in Poland

Miscellaneous

8/5/19 Article Groups raise asylum and immigration concerns as UN Committee against Torture examines the record of the UK

3/5/19 News story Home Secretary hears from Scottish businesses on skills-based immigration

3/5/19 Archive of superseded versions of the Immigration Rules, now contains the following versions: 1 February 2019 to 28 March 2019 ; 29 March 2019 ; 30 March 2019 to 1 April 2019 ; 2 April 2019 to 5 April 2019 ; 6 April 2019 to 21 April 2019

3/5/19 OISC guidance OISC News: spring 2019 seasonal newsletter

3/5/19 News story New Immigration Services Commissioner appointed John Tuckett has been appointed as the new Immigration Services Commissioner

3/5/19 Article New guidelines published to help British businesses employ refugees

2/5/19 Updated LAA guidance Civil processing dates timescales for LAA to process work such as civil applications and bills

2/5/19 Updated step-by-step guide Come to the UK to get married no changes are specified

2/5/19 Consultation Bar Council response to the Law Commission consultation paper on Simplification of the Immigration Rules (CP 242)

1/5/19 Lachaux v Lachaux [2019] EWCA Civ 738 dismissed appeal against an English court’s recognition of a Dubai divorce under gender discriminatory laws of the local jurisdiction

8th May 2019

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