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Legal update for week 14th March 2019 to 20th March 2019

Points based system

20/3/19 Article Post-study leave period to be increased as Government announces new strategy to attract more international students to the UK

20/3/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

12/3/19 Hasan, R (on app of) [2019] EWCA Civ 389 on calculation of the maximum 5-year period for studying at degree level under r245ZX(ha), and the meaning of ‘receipt by the applicant’ in r34R(1)

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

20/3/19 Updated list EU Settlement Scheme: ID document scanner locations stated change: Cumnock, Kilmarnock and Tower Hamlets Ealing, Livingstone and Maidenhead added

15/3/19 Munday (EEA decision: grounds of appeal) [2019] UKUT 91 in EEA appeals, appellants cannot rely on human rights grounds in the absence of a s.120 notice and statement of additional grounds involving human rights or refusal of a human rights claim

14/3/19 Vester C-134/18 on the interpretation of Arts 45& 48 TFEU and Reg 883/2004 on coordination of social security systems in the case of a year’s incapacity to work

Asylum process and practice

19/3/19 Updated guidance Family reunion stated change: clarification that HO must not require DNA evidence, but applicants can continue to choose to provide such evidence voluntarily

19/3/19 Ibrahim and Others Joined Cases C-297/17, C-318/17, C-319/17 and C-438/17 asylum claims may be rejected where subsidiary protection has been granted in another member state unless the beneficiary would find themselves in a situation of extreme material poverty

19/3/19 Jawo C-163/17 Reg 604/2013 on time limits and extensions in Dublin III take back requests in the context of alleged absconding; Art 4 of the Charter can preclude a transfer where the transferee would find themselves in a situation of extreme material poverty

19/3/19 Summary of Jawo and Ibrahim cases based on ECJ press release

18/3/19 Hameed & Anor, R (on app of) [2019] EWCA Civ 456 successful HO appeal, based on procedural and substantive errors, against JR finding detention under the 2005 rules had been unlawful

14/3/19 Y.Z. and Others C-557/17 Dir 2003/86/EC on family reunion and  Dir 2003/109/EC third country national long-term residents

Enforcement, detention, removal & deportation

19/3/19 Updated guidance Reporting and offender management stated change: update to travel expenses policy and minor housekeeping changes

19/3/19 Arib and Others C-444/17 on the interpretation of Reg 2016/399 in the context where an unlawful migrant is apprehended in the vicinity of a border

15/3/19 Article Medical Justice: High Court orders suspension of Home Office policy of deportations without warning see also RLG post 15/3/19 at 15.30 attaching the order

British nationality law

19/3/19 Updated nationality policy Surrogacy: nationality policy guidance stated change: DNA evidence cannot be mandated and that no negative inference can be drawn if an applicant chooses not to supply such evidence

15/3/19 Updated nationality guidance Children of unmarried parents: nationality policy guidance stated change: clarification that DNA evidence cannot be mandated and that no negative inference can be drawn if an applicant chooses not to supply such evidence

15/3/19 PRCBC updated leaflet Children and their rights to British citizenship

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

19 /3/19 Updated form Application to extend stay in the UK: FLR(GT) for Grenfell Tower survivors

19/3/19 Correspondence Update to HASC on Windrush: 19 March 2019 SSHD to Chair of Home Affairs Select Committee

International protection

19/3/19 Asylum Research Centre Myanmar: Query Response Chin State and Sagaing Region

15/3/19 TK (gay man) [2019] UKUT 92 on the evidence, an openly gay man in St Lucia, has a well-founded fear of persecution on the grounds of his sexuality – no CG case but decision records the evidence

Family based applications

15/3/19 SN [2019] CSOH 28 unsuccessful cart JR where the initial refusal was on insufficient evidence of genuine and subsisting parental relationship in s117B(6)

­­Immigration control and the hostile environment

15/3/19 Goloshvili, R (on app of) [2019] EWHC 614 (Admin) while service of a Notice of Letting to a Disqualified Person under the right to rent scheme constituted race discrimination the HO was not liable under the Equality Act 2010


15/3/19 Updated LAA guidance Immigration Telephone Advice tender 2019

15/3/19 Updated LAA guidance Civil processing dates

14/3/19 Article Children’s Rights Alliance for England releases review of 2018, including children’s rights in immigration, asylum and trafficking

14/3/19 News story ePassport gates eligibility expansion confirmed for June millions more people will be able to use ePassport gates from June

14/3/19 Transparency data Contracts consultative groups Civil and Crime Contracts Consultative groups meeting minutes

14/3/19 Updated forms Form(S3) ; Form EEA (FM) ; Form DRF1 ; Form: FLR (P) no changes are specified








20th March 2019

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