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Legal update for week 18th October 2018 to 24th October 2018

24/10/18 Pereira, KO (Nigeria) and Ors (Appellants) [2018] UKSC 53 re: “qualifying children” under Part 5A NIAA 2002 & related consideration of r276ADE; see further: UKSC blog and UKSC press summary; EIN overview of reports

24/10/18 Early Asylum Project illustrated rough guide to preparing for an asylum interview published on Right to Remain – see outline

24/10/18 Updated list Nationality document return service: England Plymouth removed

24/10/18 Unaccompanied asylum seeking children: national transfer scheme stated changes: updated national transfer scheme protocol; FAQs and causes of concern flow chart added

24/10/18 Updated lists Register of licensed sponsors: students ; Register of licensed sponsors: workers

23/10/18 Assem Hassan Ali v Denmark (App 25593/14) expulsion after serious drugs conviction did not constitute a disproportionate interference with Art 8 rights – see HUDOC press release

23/10/18 Levakovic v Denmark (App 7841/14) ‘relevant and sufficient’ reasons had been given for expulsion on grounds of criminality to outweigh Art 8 rights – see HUDOC press release

23/10/18 A.N. and Others v. Russia (App 61689/16) finding Art 3 and 5 breaches in expulsion cases, compensation awarded in some of the joined cases (Uzbek and Tajik nationals)

23/10/18 Multi-agency statutory guidance on female genital mutilation  for those with statutory duties to safeguard children and vulnerable adults; stated update: PDF factually amended

22/10/18 Updated list European passport return service: Scotland Hawick removed; Galashiels, Hawick, Kelso and Peebles added

22/10/18 New google group by Maternity Action for practitioners helping clients to challenge NHS charges for maternity care as well as anything else

22/10/18 Outline of University of Oxford’s Centre on Migration, Policy and Society (COMPAS) finding enforcement policies reduce irregular immigration to limited extent, but increase human suffering

22/10/18 Guidance EU Settlement Scheme: evidence of UK residence for cases in which UKVI can’t confirm residence through an automated check of UK tax and benefits records

22/10/18 Updated online tool Prove your right to work to an employer no stated changes

22/10/18 Updated guidance Settlement: Gurkhas discharged prior to 1997 stated change: guidance no longer requires applicants to provide DNA evidence

22/10/18 Updated list Endorsing bodies: Tier 1 (Graduate Entrepreneur) no stated change

22/10/18 Entry clearance guidance Correcting an incorrect endorsement: ECB19 stated changes: added info about time limit for raising errors; removed address to send passports to

22/10/18 Updated guidance New Zealand: apply for a UK visa stated change: update to guidance on how to post your application

22/10/18 Guidance Child trafficking advocates: early adopter sites stated change: updated English language trafficking referral form

19/10/18 Updated CPIN Iraq: Internal relocation, civil documentation and returns stated change: changes to policy analysis to reflect new evidence (Annexes)

19/10/18 New CPIN: Iraq: sexual orientation and gender identity and expression

19/10/18 ILPA response to Windrush lessons learned review (login required)

19/10/18 Asylum support tribunal decisions database of decisions on appeals against the Home Office heard by the First-tier Tribunal (Asylum Support)

19/10/18 Immigration (Health Charge) (Amendment) Order 2018 (Draft) Art 3 amends Sch 1 of S.I. 2015/792 to double the Immigration Health Surcharge

19/10/18 Windrush generation detention: Government Response to the Committee’s Sixth Report of Session 2017-19 Fourth Special Report of Session 2017-19

19/10/18 List Employer sponsorship: restricted certificate allocations for Tier 2 (General); stated change: now includes October

19/10/18 Online application TOC transfer existing visa to BRP & NTL transfer existing settlement to BRP ; online application BRP(RC) apply for a replacement BRP

18/10/18 Outline of new BSB guidance for instructing barristers for professional clients and OISC advisers

18/10/18 ZV, R (on app of) [2018] EWHC 2725 detention partly unlawful for Rule 35 report delay and following reasonable grounds decision but deportation, asylum and trafficking grounds were not made out – see summary

18/10/18 Updated page Windrush scheme and information stated change: compensation scheme section updated to reflect date change from 11 October to 16 November

18/10/18 2018 UK annual report on modern slavery overview of modern slavery in the UK, explains how the UK has responded over the last 12 months

25th October 2018

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