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Legal update for week 11th October 2018 to 17th October 2018

17/10/18 UD v XB C-393/18: Art8(1) Reg 2201/2003 requires that a child must be physically present to be habitually resident, disregarding coercive circumstances which may have led to their absence

17/10/18 ILPA response to statement of changes 1534 of 11/10/18 (see below at 11/10/18) (login required)

17/10/18 CPIN Bangladesh: country policy and information notes note of religious minorities and atheists, v2.0; stated changes: updated COI and assessment

17/10/18 UKVI Asylum Strategic Engagement Group meeting 12/9/18 – minutes and actions (login required)

17/10/18 Civil processing dates timescales for LAA to process work, eg civil applications and bills

17/10/18 Nationality checking service: England updated HTML document to remove councils that no longer offer the service and update links and contact details.

17/10/18 Multi-agency statutory guidance on female genital mutilation for those with statutory duties to safeguard children and vulnerable adults

17/10/18 Updated lists Register of licensed sponsors: students ; Register of licensed sponsors: workers

16/10/18 Jane v Prosecutor General’s Office, Lithuania [2018] EWHC 2691 (Admin) dismissed appeal against extradition; assurances as to prison condition were deemed satisfactory

16/10/18 SW, R (on app of) [2018] EWHC 2684 (Admin) detention found unlawful from point of unlawful failure to make trafficking referral

16/10/18 Article Home Office agrees to investigation into abuse at Brook House as the Guardian runs a major series of articles on immigration detention

16/10/18 OISC publication Immigration Assistance on what individuals and community/voluntary groups can legally do to advise or assist people with immigration queries

16/10/18 National referral mechanism reform document describes the 4 main objectives of the reform of the national referral mechanism, announced by the government in October 2017.

16/10/18 Updated form Application to transfer UK visa to new passport for applications from abroad

16/10/18 Updated guidance Asylum screening and routing stated changes: minor updates to the system and security checks section to include reference to additional guidance

15/10/18 Unaccompanied asylum seeking children and leaving care: funding instructions for local authorities on funding support and care

15/10/18 Legal Aid Agency equality and diversity guidance under the terms of LAA standard contracts, this guidance must be implemented

13/10/18 ES (s82 NIA 2002, Negative NRM) [2018] UKUT 335 a negative NRM decision, made on the balance of probabilities, is not of primary relevance in an asylum appeal where all the evidence as at date of hearing must be considered applying the lower standard of proof

12/10/18 PA (Protection claim, respondent’s enquiries, bias) [2018] UKUT 337 dismissed asylum appeal dealing with breach of confidentiality by document verification & allegations of judicial bias

12/10/18 Home Office provides £2m to stem human trafficking in Albania to protect victims of modern slavery, support vulnerable people and bring perpetrators to justice

12/10/18 Refugee and asylum forum notes Oct 2018 of the refugee and asylum forum, part of the Independent Chief Inspector of Borders and Immigration stakeholder engagement group

12/10/18 AS (Guinea) [2018] EWCA Civ 2234 on standard of proof in statelessness applications, and the relevance of an assessment of immigration rule 390A (revocation of deportation order)

12/10/18 B & ND [2018] EWHC 2651 (Admin) unsuccessful JR of terrorism suspects’ cancelled passports; sets out internal HO guidance for review of RP decisions in Annex of the decision

11/10/18 Windrush compensation scheme consultation extends will now close on 16 November 2018 to ensure that everyone who wants to is able to contribute

11/10/18 publication of letter immigration minister to Home Affairs Committee on Tier 1 r322(5) refusals

11/10/18 Doubling of the Immigration Health Surcharge: written statement HCWS995 re: draft of to come into force 21 days after it is made

11/10/18 Statement of changes to the immigration rules HC1534 see HJT blog post for summary; related letter immigration minister to HASC on further rollout of EU settlement scheme

11/10/18 Forms for diplomats and their family members to come to the UK for a diplomatic posting: VAFDIP1 ; VAFDIP1(Dep) ; VAFDIP2 ; VAFDIP3

Addendum to previous week’s update

9/10/18 IAC Practice Statement authorising FTT caseworkers to carry out functions of a judicial nature

7/10/18 Scotland: advice service for EU nationals press release

4/10/18 IAC Presidential guidance note 3 of 2018 on holding of case management appointments

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