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Legal update for week 9th May 2019 to 15th May 2019

Immigration control and the hostile environment

14/5/19 Updated guidance Windrush Compensation Scheme  stated change: list of engagement events updated

14/5/19 Updated guidance Windrush scheme  stated change: added message regarding technical issues with phone lines

13/5/19 Updated guidance Landlords: immigration right to rent checks stated changes: added information on right to rent checks for EU, EEA and Swiss citizens now and after Brexit

13/5/19 Article Independent Chief Inspector of Borders and Immigration examines Home Office’s approach to illegal working comprehensive new report finds problems identified in earlier 2015 report persist

9/5/19  News story Inspection Report Published: An inspection of the Home Office’s approach to Illegal Working  page links to report and HO response

9/5/19 News story Inspection Report Published: A re-inspection of the Home Office’s Reporting and Offender Management processes and of its management of non-detained Foreign National Offenders  page links to re-inspection report and HO responses

General requirements of the rules and guidance, application process

15/5/19 ILPA resource VFS update: form for applicants who apply through a VFS preferred partner to obtain certain benefits at a premium application centre login required

15/5/19 ILPA resource UKVI response to ILPA re Entry Clearance issues in response to ILPA Feedback to UKVI re Entry Clearance issues for meeting on 17/4/19 login required

14/5/19 Updated guidance Tuberculosis tests for visa applicants for Angola, Botswana, Cote D’Ivoire Democratic Republic of Congo, Ghana Madagascar, Malawi, Mozambique, Namibia, Nigeria, Rwanda, Sierra Leone, South Africa, Sudan, Tanzania, Uganda, Zambia, Senegal, Cameroon, Gambia, Zimbabwe

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

9/5/1  O & N v R.  [2019] EWCA Crim 752 on the question of public interest in the prosecution of victims of trafficking

Points based system

15/5/19 Updated lists  Register of licensed sponsors: workers; Register of licensed sponsors: students

14/5/19 ILPA resource Correspondence from between James Perrott of Macfarlanes and Richard Jackson of UKVI re. Tier 1 (Investors) login required

9/5/19 ILPA resource UKVI update: FOI request reveals no applications for Start-up or Innovator visas as of 12 April 2019 login required

International protection

14/5/19 Asylum Research Centre COI update and  ARC Foundation and Dutch Council for Refugees comments on the EASO Country of Origin Information Report: Iraq Targeting of Individuals

14/5/19 M , X and X Joined Cases C-391/16, C-77/17 and C-78/17 press report the effect of the revocation of or refusal to grant refugee status is neither that a person who has a well-founded fear of persecution in his or her country of origin is not a refugee, nor that he or she does not have the rights which the Geneva Convention attaches to being a refugee

14/5/19 Updated guidance Criminality guidance in article 8 ECHR cases  stated change: additional sections to reflect KO (Nigeria) [2018] UKSC 53

Asylum process and practice

15/5/19 Article The Guardian: Home Office scraps six-month service standard for asylum claims HO will now concentrate on cases with acute vulnerability, including unaccompanied children

14/5/19  New CPIN Ukraine: Country Background Note

10/5/19 News story  Appeal judges reject single parent asylum seekers’ legal challenge over ‘mean spirited’ cuts to financial support

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

14/5/19 Correspondence Open letter regarding the Withdrawal Agreement from Secretary of State Steve Barclay MP to Rt Hon John Redwood MP in response to Rt Hon John Redwood MP’s open letter to the AG Geoffrey Cox of 4/3/19

14/5/19 Updated collection EU Settlement Scheme: applicant information stated change: guidance EU Settlement Scheme: community support for vulnerable citizens added

14/5/19 Updated guidance EU Settlement Scheme: ID document scanner locations stated change: locations in Helensburgh and Oban added

13/5/19 New guidance Right to rent checks for EU, EEA and Swiss citizens after Brexit

9/5/19 Speech Secretary of State Steve Barclay’s speech at the Future of Europe Conference at Sibiu, Romania

Enforcement, detention, removal & deportation

10/5/2019 Thyer v Public Prosecutor at the High Instance Court of Paris, France [2019] EWHC 1185 dismissed extradition appeal as it was found that conditions in women’s prisons do not breach Art 3

3/5/19 Ivoskevicius v The Lord Advocate on behalf of the Lithuanian Authorities [2019] HCJAC 29    dismissed application for permission to appeal extradition decision

3/5/19 Kovaliauskaite The Lord Advocate on behalf of the Lithuanian Authorities [2019] HCJAC 30 dismissed extradition  appeal in context of assurances regarding prison conditions


13/5/19 Consultation responses Simplification of the Immigration Rules consultation – Law Society response

9/5/19 Updated LAA guidance Civil processing dates  timescales for LAA to process work, eg civil applications and bills

9/5/19 LAA update Civil news: contacting the exceptional and complex cases team by e-mail

15th May 2019

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