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Legal Update for week 7th June to 13th June 2019

The immigration headlines for this week include the Tribunal refusing to reintroduce fast track appeals, an interesting case on the impact of section 8(4) on credibility and the Home Office new improved integration framework is unveiled.

Finally, available on iPlayer there’s a new  BBC2 documentary series focused on immigration law and immigration lawyers.

Have a great week.

Immigration control and the hostile environment

12/6/19 News story Asylum seekers in Glasgow face eviction threat as Serco revives lock-change scheme.

 3/6/19 New guidance documents New framework to improve integration the report aims to present a structured consistent approach to the integration of any group of people in a range of local and national contexts, with a move away from the ‘hostile environment’. The key principles are that integration is multi-dimensional, multi-directional, relies on all people taking responsibility and must be context specific. A specific report focuses on Integrating refugees and a news story summary can be found here.

 

Points based system

7/6/19 News story Sajid Javid: make it easier for overseas students to work in UK Home secretary calls for more ‘flexible, sensible attitude’ to immigration.

3/6/19 News story Minister visits Bristol business incubator to discuss immigration Caroline Nokes discusses the new immigration system at a tech hub in Bristol.

 

Asylum process and practice

12/6/19 AS (AP) [2019] CSOH 43 in a fresh claim failing to analyse new evidence in a refusal letter will amount to a failure to give any proper consideration to that evidence, which is a material error.

10/6/19 AL (Albania) [2019] EWCA Civ 950 on the application of Devaseelan guidelines and Ocampo.

6/6/19 KA (Afghanistan) [2019] EWCA Civ 914 allowed – Section 8(4) is not an automatic downgrading of credibility, mere presence in a safe country is not sufficient, whether there was a ‘reasonable opportunity’ must be assessed, furthermore less adverse weight may be applied to an unaccompanied child. In addition, found that adverse credibility findings can be made under s.8(4) in the case of a minor even when their removal to a third country is not procedurally possible.

5/6/19 SS [2019] EWHC 1402 on the assessment of evidence amounting to a realistic prospect of success in a fresh claim – in assessing Iraqi fresh asylum claims the HO should follow AAH Iraq. The country evidence available in the latest CPIN did not establish that a CSID was more readily available now than previously, and did not amount to clear and cogent evidence justifying departure from AAH.

 

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

10/6/19 Report ILPA Evidence to EU Home Affairs Sub-Committee re. Brexit: Future UK-EU Asylum Cooperation published by EU Home Affairs Sub-Committee. Whilst makings its own law regarding asylum, refugee and HP and the UK will continue to be constrained by intentional commitments and recognise it is in the UK interest to maintain access to Eurodac and Dublin processes.

6/6/19 Haqbin v Federaal agentschap voor de opvang van asielzoekers (Directive 2013/33/EU) Case C-233/18, Opinion of AG Campos Sanchez-Bordona. Where an unaccompanied minor commits a particularly violent act EU law concerning reception of asylum applicants does not preclude national legislation permitting the withdrawal of reception provisions.

 

Enforcement, detention, removal & deportation

12/6/19 Secretary of State for the Home Department v JG (Jamaica) [2019] EWCA Civ 982 dismissed on the interpretation of very compelling circumstance required by section 117C, the very real risk of serious psychological harm to a child crossed the threshold.

 

Appeals, administrative review and judicial review

12/6/19 Report Tribunal Procedural Committee decides fast-tracked immigration appeals should not be reintroduced.

3/6/19 News story Call for evidence: Administrative Reviews.

 

Miscellaneous

13/6/19 New research Droughts and Deserts ‘A Report on the Immigration legal aid market’ Dr Jo Wilding provides a detailed research report – key points are that fixed fees are inadequate and the current system allows poor-quality advisers to flourish and fails to support high-quality providers. The report seeks to understand the supply and demand of immigration legal aid work and gauge the balance between quality and financial viability, concluding that system-wide thinking and action are needed to resolve these problems.

11/6/19 Home Office releases independent review into response to the mandating of DNA evidence for immigration purposes indicates that 1,351 migrants were illegally forced to provide DNA, since the problem has come to light the Home Office has ‘worked hard’ but their response ‘could have been more effective’. The report calls for a broader debate on the value of DNA evidence and its use in speeding up applications. Caroline Nokes’ response accepts the recommendations. 

11/6/19 Civil Legal Aid Services from September 2019 The LAA have today opened procurement opportunities to deliver Face to Face and Civil Legal Advice Specialist Telephone Advice services.

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