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Legal update for week 29th November 2018 to 5th December 2018

5/12/18 News story Chief Inspector publishes latest country of origin information report review of Home Office country information on the Democratic Republic of Congo, Iran and Turkey

5/12/18 Exiting the EU: Publication of Legal Advice AG’s legal advice to Cabinet on the Withdrawal Agreement and the Protocol on Ireland/Northern Ireland

5/12/18 Updated lists Register of licensed sponsors: students ; Register of licensed sponsors: workers

5/12/18 Article Labour MPs introduce bill to limit immigration detention to 28 days

4/12/18 SM & Ors Dublin 3 Italy test case (judgment & notes on RLG posted 4/12/18 11:32 am) – Art 3 threshold may be met for particularly vulnerable or BIP; stay on Italy 3rd country JRs is now lifted

4/12/18 Khanh v Cyprus (App no 43639/12) conditions of detention involved hardship going beyond the unavoidable level of suffering and amounted to degrading treatment under Art 3

3/12/18 EU Settlement Scheme Employer toolkit new videos added; Pilot applicant information EU Settlement Resolution Centre contact details & new case study examples added; Community leaders toolkit for local authorities and community groups

3/12/18 Announcement New pilot schemes to support migrants at risk of detention to start 2019 for women, and run for 2 years part of response to Stephen Shaw’s review of detention

3/12/18 Updated Country returns guide no changes are specified

3/12/18 Guidance Points-based system: evidential flexibility updated to reflect revised Immigration Rules, and new UKVCAS & SSC) processes

3/12/18 Article Equality and Human Rights Commission highlights problems asylum seekers face accessing healthcare outlining report and recommendations

3/12/18 Updated collection Exiting the European Union: Publications now includes document ‘Legal position on the Withdrawal Agreement’

3/12/18 New API Calais leave on processing and assessment of asylum claims for Calais leave

3/12/18 Updated IDI Chapter 27: judicial review guidance (part 1) stated changes:  some minor revisions

30/11/18 MIV & Ors, R (on app of) v LB of Newham [2018] EWHC 3298 (Admin) unsuccessful JR of delay to provision of s17 Children Act 1989 accommodation

30/11/18 UKVI to ILPA correspondence re: older appeals review and pre-hearing reconsideration requests, stating new email address for such requests (ILPA login required)

30/11/18 Guidance Applications for leave to remain: validation, variation and withdrawal updated to reflect revised Immigration Rules on valid application & info on UKVCAS & SSC

30/11/18 EU Settlement scheme Using the ‘EU Exit: ID Document Check’ app for pilot participants; Example case studies: EU Settlement Scheme

30/11/18 Info page UKVI’s new front end services: what you need to know updated with info on online applications for leave based on family- or private life, including partner applications

30/11/18 Questions and feedback on UKVI front end services (ILPA login required)

30/11/18 Guidance Level of decision making: nationality procedure guidance updated to reflect operational practice and including types of decision not previously covered

29/11/18 Forrester [2018] EWCA Civ 2653 4-year sentence deportation appeal allowed on grounds of very strong family- and private life which satisfied s117C(6) NIAA 2002

29/11/18 MN, R (on the application of) v SSHD & Anor [2018] EWHC 3268 (QB) despite the lower standard of proof in asylum vs NRM decisions, asylum claim was dismissed on credibility

29/11/18 H and R C-582/17 & C-583/17 opinion: misapplication of Ch III Dublin 3 can be determined by the requesting member state, whether or not an asylum application in the first member state has been withdrawn

29/11/18 Information flowcharts Visit the UK for private medical treatment ; Visit the UK to do research related to but not as yet linked from page Visit the UK

29/11/8 The EU (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2018 to accommodate retained EU law, a new body of domestic law introduced by the European Union (Withdrawal) Act 2018

29/11/18 UKVI letter re: FLR(FM) and FLR(FP) application processes (ILPA login required)

29/11/18 Updated guidance Occupied Palestinian Territories: apply for a UK visa no changes are specified

29/11/18 Article Latest migration statistics report shows a fall in EU immigration is offset by a rise in non-EU immigration

29/11/18 Immigration statistics quarterly release ; Migration transparency data ; Migration statistics ; Migration research and analysis ; Policy and legislative changes affecting migration to the UK: timeline ; Home Office immigration statistics: user guide

29/11/18 Email correspondence re: EEA and Swiss nationals using new front-end services (ILPA login required)

28/11/18 Immigration Health Surcharge to double – Immigration (Health Charge) (Amendment) Order 2018 draft order approved by House of Lords – start date subject to confirmation

28/11/18 Spahiu, R (on app of) [2018] EWCA Civ 2604 amendment of grounds for JR in the UT requires permission after service; r5 UT Rules 2008 is silent on this, apply CPR 17.1 by analogy

6th December 2018

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