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Legal update for week 21st February 2019 to 27th February 2019

European Union law, EEA free movement and settled status

27/2/19 Guidance EU Settlement Scheme: Assisted Digital service stated change: new locations added (unspecified)

26/2/19 Lopes [2019] EWCA Civ 199 in overturning of an EEA deportation, the withdrawal of a HO concession should have been applied for, and its fairness considered, rather than having been simply asserted

26/2/19 SM v ECO, UK Visa Section C-129/18 opinion: a child adopted under the Algerian kafala system is not a direct descendant, but can be an extended family member; Arts 27&35 can be applied and  the best interest of the child in the adoption may be considered

26/2/19 Updated guidance Staying in the UK for longer than 3 months if there’s no Brexit deal stated change: updated to include Swiss citizens

26/2/19 Updated list EU Settlement Scheme: ID document scanner locations stated change: location in Newcastle added

25/2/19 News story UK and Switzerland sign citizens’ rights agreement

Miscellaneous

27/2/19 LAA guidance Appeals: civil high cost cases stated change: revised version of the Funding and Costs Appeals Review Panel Arrangements guidance

27/2/19 News Story The Independent Chief Inspector invites suggestions for inspection topics in 2019-20 invitation beyond the usual stakeholders, for the 2019-20 plan

26/2/19 Civil legal aid application forms: supporting guidance stated change: Removal of obsolete guidance on emergency funding in JR cases; refer, instead, to this page

26/2/19 Updated OISC guidance OISC model documents stated change: DEC 2018 – Client Care Letter updated

26/2/19 Updated guidance Ex-gratia guidance no changes are specified

25/2/19 Draft legislation Home Office Slides and ILPA Form: Responding to the White Paper (login required)

22/2/19 New guidance Common Travel Area Guidance for UK and Irish Citizens on their rights under the Common Travel Area arrangements

27/2/19 Report Illegal working penalties: quarterly totals quarterly report showing the total number of fines (civil penalties) for illegal working given to employers in each region of the UK

International protection

27/2/19 Updated CPIN Zimbabwe: Opposition to the government stated changes: updated country information and assessment after a commissioned review by IAGCI in Dec ‘18

26/2/19 Updated CPIN Iran: Illegal exit stated change: updated country information including evidence considered in HB (Kurds)

Enforcement, detention, removal & deportation

27/2/19 Konecny (Appellant) v District Court in Brno-Venkov, Czech Republic (Respondent) [2019] UKSC 8 conviction in absentia was held not to have been unjust or oppressive, nor to have breached Art 8 despite 9 year delay

26/2/19 Updated guidance Adults at risk in immigration detention stated change: clarification to the definition of torture as a result of a commitment made as a part of legal proceedings

25/2/19 Updated guidance Detention Rule 35 process stated change: definition of torture has been clarified to reflect a commitment made as a part of legal proceedings

25/2/19 Dziel v District Court In Bydgoszcz, Poland [2019] EWHC 351 (Admin) on the effect of a change in Polish law regarding trial in absentia, post-dating departure, but pre-dating failure to comply with the obligation to update contact details

25/2/19 Siwak v Prosecutor General’s Office, Poland [2019] EWHC 333 (Admin) on considerations of family life with children and proportionality in extradition appeals

20/2/19 Visha v Criminal Court of Monza, Italy [2019] EWHC 400 (Admin) dismissed extradition appeal based on prison conditions in Italy

Points based system

26/2/19 Updated lists Register of licensed sponsors: students ; Register of licensed sponsors: workers

21/2/19 Updated list Employer sponsorship: restricted certificate allocations for employer sponsorship in Tier 2 (General), updated with February figures

Asylum process and practice

25/2/19 Information page Refugee integration loan for those over 18 with refugee status or holders of HP or their dependants

21/2/19 Omar & Ors [2019] EWCA Civ 207 on consideration of ‘significant risk of absconding’ in Dublin III cases, under the Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017

British nationality law

21/2/19 Correspondence ILPA letter to UKVI Simon Peachey with regards to UK Visa and Citizenship Service (login required)

21/2/19 Othman, R (on app of) [2019] EWHC 340 (Admin) claimant was held to be entitled to a declaration that he was a BOC based on birth before 1968 in Aden despite variations in name spellings and birth dates

Appeals, administrative review and judicial review

21/2/19 AS (Afghanistan) [2019] EWCA Civ 208 under r42 UT Rules 2008, the UT may correct clerical mistakes, accidental slips or omissions in its formal decisions as well as in the reasons for those decisions

 

28th February 2019

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