Legal update for week 13th December 2018 to 19th December 2018

19/12/18 Shmatko v The Russian Federation [2018] EWHC 3534 (Admin) successful extradition appeal on Art 3 prison condition grounds

19/12/18 TN (Vietnam) & Anor, R. (on app of) [2018] EWHC 3546 (Admin) on FTT jurisdiction to consider applications to set aside earlier appeal decisions

19/12/18 Updated Country returns guide no changes are specified

19/12/18 New CPIN Vietnam: fear of illegal moneylenders

19/12/18 Updated detention services order Accommodation standards stated changes: update to the minimum accommodation standards

19/12/18 Updated modernised guidance Appendix FM 1.0b: family life (as a partner or parent) and private life: 10-year routes stated changes: to reflect rules changes, minor corrections and alterations since August 2015 and changes following various judgments

19/12/18 Updated IDI Ch 8 Family Migration: Appendix FM Section 1.0a stated changes:  to reflect rules changes, minor corrections and alterations since August 2015 and KO (Nigeria)

19/12/18 Form Apply to become a British citizen by naturalisation (form AN) requirements booklet and guide for applicants updated to include information about the EU Settlement Scheme

19/12/18 Online tool Continue to live in the UK after it leaves the EU

19/12/18 New publication The UK’s future skills-based immigration system includes accessible version of the White Paper; new research and analysis Technical paper to accompany the ‘The UK’s future skills-based immigration system’ economic appraisal: Annex B ; news story Home Secretary announces new skills-based immigration system and SSHD statement to parliament ; ILPA response here (login required)

19/12/18 New research and analysis Tier 4 pilot evaluation on the pilot, introduced in 2016, for one-year taught masters students at four institutions allowing longer post-study leave period

19/12/18 Updated guidance Travelling in the Common Travel Area if there’s no Brexit deal confirmation that the CTA arrangements are protected; updated change: technical notice amended

19/12/18 Updated lists Register of licensed sponsors: students ; Register of licensed sponsors: workers ; Employer sponsorship: restricted certificate allocations

19/12/18 Updated collection Independent Family Returns Panel reports 2016-18 report added

18/12/18 ILPA and the Law Society meeting with UKVI re Front End Services briefing paper (login required)

18/12/18 LAA news story Civil news: ‘Civil Claim Fix’ service now includes case outcomes

18/12/18 Article Home Affairs Committee finds little has improved in provision of asylum accommodation

18/12/18 ILPA correspondence on retirement of paper forms and ‘grace period’ here (login required)

18/12/18 Updated guidance EU Settlement Scheme pilot: applicant information for pilot 1/11/18-21/12/18, now includes closing and reopening date for applications

17/12/18 Nationality guidance Registration as a British citizen: other British nationals stated change: date in section ‘Discretion to waive immigration breaches’ amended from 31/10/16 to 24/11/16

17/12/18 Article British Red Cross says 28-day ‘move-on’ period for newly recognised refugees should be extended to at least 56 days with link to report

17/12/18 Article Equality Commission seeks to reverse ‘right to rent’ in Scotland and Wales

17/12/18 Updated collection Independent review of the Modern Slavery Act now includes link to Modern Slavery Act 2015 review: first interim report

17/12/18 Windrush hardship fund Windrush scheme: support in urgent and exceptional circumstances (link added to page Windrush scheme and information) ; Correspondence on the work of the Home Office: Windrush now includes Update to HASC on Windrush: 17 December 2018

14/12/18 Terzic v County State Attorney’s Office In Zagreb, Croatia [2018] EWHC 3467 (Admin) extradition after 10 years’ delay found not to be unjust or oppressive

14/12/18 SM & Ors (Dublin Regulation – Italy) [2018] UKUT 429 Art 3 threshold may be met for particularly vulnerable persons; following this test case, stay on Italy 3rd country JRs is now lifted

14/12/18 R (on app of FB and anor) (removal window policy) [2018] UKUT 428 declared unlawful parts of policy Judicial reviews and injunctions re: removal windows (policy was amended in response on 5/11/18 – see HJT’s weekly blog post)

14/12/18 FA (Sudan), R (on app of) [2018] EWHC 3475 (Admin) dismissed JR of refusal to grant LOTR under the DDVC where applicant had entered the UK as a visitor

14/12/18 LS (Art 45 TFEU – derivative rights) [2018] UKUT 426 3^rd country national family members may derive a right of residence if their childcare is essential to facilitate cross-border working of their British family member

14/12/18 New online tool Apply for a Parent of a Tier 4 child visa: step by step

14/12/18 Form Application to extend stay in the UK as a Tier 1 (Entrepreneur) dependant or Tier 1 (Graduate Entrepreneur) dependant stated change: paper application form withdrawn, you must now apply online.

14/12/18 News story online-only checking service now open, applies to all but EEA nationals who do not yet have settled status

14/12/18 Updated CPIN Albania: People trafficking stated change: updated guidance to take account of new caselaw

14/12/18 Updated CPIN Albania: Domestic abuse and violence against women  stated change: updates to country information, inc info from HO fact-finding mission of Oct/Nov ‘17, & resulting amendments to the assessment

13/12/18 Diop, R (on app of) [2018] EWHC 3420 (Admin) damages awarded for unlawful detention

13/12/18 Legislation in force 28/1/18 explanatory memorandum here

13/12/18 Updated forms FLR (M) ; FLR(FP) ; FLR(DL) ; FLR(HRO) ; FLR(LR) stated change: paper application form withdrawn, you must now apply online

13/12/18  Updated policy guidance Dependants of UK visa applicants (Tiers 1, 2, 4, 5) no changes are specified

13/12/18 Updated guidance Sponsorship: sporting code of practice no changes are specified

13/12/18 Research and analysis The UK government’s approach to evaluating the Vulnerable Persons and Vulnerable Children’s Resettlement Schemes

12/12/18 Craig v Advocate General for Scotland [2018] CSOH 117 JR of failure to implement in Scotland extradition forum bar provisions in s50 & Sch 20 to CCA 2013

12/12/18 HB (Kurds) Iran CG [2018] UKUT 430 Kurdish ethnicity can, together with low-level political or community activities or residence in the KRI, be a significant Art 3 risk factor in Iran

11/12/18 MA and Ors v Lithuania (App no. 59793/17) failure to accept asylum claims and inadequate national safeguards found to expose family to Art 3 breach; absence of national remedy breached Art 13. Summary here

10/12/18 MP, R (on app of) v Secretary of State for Health and Social Care [2018] EWHC 3392 (Admin) unsuccessful challenge of the health surcharge on grounds of public consultation and public sector equality duty