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Legal update for week 15th November 2018 to 21st November 2018

21/11/18 New CPIN added CPIN Namibia: Sexual orientation and gender identity and expression

21/11/18 Migration Advisory Committee Responses to consultation on the Tier 1 Investor route

21/11/18 UKVI Front End Services UKVI responses to ILPA questions (ILPA login required)

21/11/18 Updated form Form FLR(DL) no changes are specified

20/11/18 Guidance Tier 4 premium customer service for sponsors updated phone number and contact hours

20/11/18 News story Chief Inspector report on asylum accommodation provision Inspectors examined resources, policies, processes and performance ; EIN article & HO response

20/1/18 Guidance Premium customer service for employers stated update: contact by email only Mo-Fr 8am-6pm

20/11/18 Guidance Tier 4 premium customer service for sponsors stated change: updated phone numbers and contact hours

20/11/18 Modernised guidance EEA nationals qualified persons stated change: clarification of the caseworker process for assessing continuous residence of a qualified person

19/11/18 EIN article  UN Special Rapporteur on poverty and human rights says destitution is built into UK asylum system

19/11/18 CPIN Iraq: Security and humanitarian situation stated change: updated statistics, COI and guidance (in which HO departs from the CG case of AA 2015 re: security situation, to reflect new caselaw (AAH Iraq 2017))

19/11/18 Updated collection Correspondence on the work of the Home Office: Windrush now includes updated to HASC on Windrush 12/11/18

16/11/18 UK nationals in the EU: essential information stated change: updated following the Prime Minister’s 15/11/18 statement to Parliament on the Draft Withdrawal Agreement

16/11/18 Civil news: updated eligibility guidance reflects 2018 contracts revised to include the fact that UT work is now categorised as ‘licensed’ instead of ‘controlled’ work

16/11/18 Guidance Civil legal aid: means testing updated following introduction of 2018 civil contracts

16/11/18 R (on app of KG) Queen’s Bench Division (Administrative Court) [2018] 11 WLUK 280 aggravated damages for unlawful detention of torture victim for failure to provide a Rule 35 report, detention exacerbated mental condition (Westlaw login required)

16/11/18 The Government of India v Chawla [2018] EWHC 3096 (Admin) reassurances re: cell provision and inter-prisoner violence meant extradition would not breach Art 3 – case note here

16/11/18 SA and Others [2018] CSIH 71 on interpretation of r276ADE(1) and s117B NIAA 2002, and the second appeals test

16/11/18 Kotsev v The Sofia District Public Prosecutor’s Office [2018] EWHC 3087 (Admin) challenge to extradition re: conviction in absentia; further information was sought on re-trial rights in Bulgaria

16/11/18 Shumba & Ors v Public Prosecutor In Nanterre County Court, France & Ors [2018] EWHC 3130 (Admin) further information on prison conditions showed extradition would not breach Art 3

16/11/18 Lucas, R (on app of) [2018] EWCA Civ 2541 held that pre-2016 Immigration Act tribunal bail ceases after an appearance before an immigration officer

15/11/18 News story Home Secretary opens conference to tackle FGM and forced marriage & speech Policy for progress: ending FGM and forced marriage

15/11/18 Consultation Preventing and tackling forced marriage request for views on a possible mandatory reporting duty; closes 11 pm 23/1/19

15/11/18 New guidance EU Settlement Scheme: Assisted Digital service for pilot participants

15/11/18 Updated collection EU Settlement Scheme pilot: applicant information now includes links to using the EU Exit ID Document Check app, ID document scanner locations and administrative review guidance

15/11/18 Tarola v Minister for Social Protection C-483/17 opinion Arts 7(1)(a) & (3)(c) of Dir 2004/38 mean that involuntary unemployment after 2 weeks suffices for retention of worker status

15/11/18 Jayaraman, R (on app of) [2018] EWCA Civ 2545 held HO had been entitled to reject ILR application for failure to provide biometrics after 2 extensions of time to do so

13/11/18 Safi and others (permission to appeal decisions) [2018] UKUT 388 if permission to appeal is granted on limited grounds, this must be expressly stated in the covering letter to the determination, not within the reasons for decision

13/11/18 Europe Street article London Mayor launches information hub amid EU Londoners concerns

13/11/18 NI Human Rights Commission article on discussion paper on the Common Travel Area: New Research Recommends UK-Irish treaty is best solution to ensure Common Travel Area Rights

21st November 2018

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