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Legal update for week 7th February 2019 to 13th February 2019

Appeals, administrative review and judicial review

12/2/19 Updated Modernised Guidance  Certification of protection and human rights claims under section 94 NIAA 2002 stated changes are set out on p4 of the guidance

8/2/19 LAA guidance Civil news: clarification on payment rules for judicial review page includes link to Judicial review discretion pro forma

8/2/19 HMCTS Memo Chamber President re. Permission to appeal applications from the First-tier Tribunal (IAC) to the Upper Tribunal and the power to set aside (ILPA login required)

Points based system

13/2/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

11/2/19 Bhandari & Anor [2019] EWCA Civ 129 on procedural fairness where Tier 4 Student had paid £9,500 for a fraudulent CAS

International protection

11/2/19 Updated CPIN Iraq: Perceived collaborators  stated change: inclusion of accepted recommendations by the Independent Advisory Group on Country Information (IAGCI)

11/2/19 Updated CPIN Libya: Ethnic minority groups stated change: updated COI and country policy

Asylum process and practice

11/2/19 December Asylum Strategic Engagement Group UKVI Minutes and Actions: December Asylum SEG (ILPA login required) links to minutes, action and vision

6/2/19 AC (Algeria), R (on app of) [2019] EWHC 188 (Admin) failure to make a NRM referral was found to be unlawful but was held to have had no material impact on asylum claim nor legality of detention

General requirements of the rules and guidance

8/2/19 Updated guidance Tuberculosis test for a UK visa: clinics in Indonesia stated change: fee information included

7/2/19 Updated list Applying for a UK visa: approved English language tests no changes are specified

Enforcement, detention, removal & deportation

13/2/19 Updated guidance First-tier Tribunal bail stated changes concern auto-referral bail hearings and breach of bail conditions

12/2/19 Guled, R (on app of)  [2019] EWCA Civ 92 a deportation order, made in breach of public law, was void ab initio and did not affect existing LTR

11/2/19 Article Joint Committee on Human Rights says immigration detention carries too high a human and financial cost and must be reformed

7/2/19 Parliamentary statement Automatic Immigration Bail Referral Pilot automatic referral to the FTT at the two-month point pilot starts 10/2/19, to run for 6 months

British nationality law

11/2/19 Call for volunteers JCHR Consultation on Draft British Nationality Act 1981 (Remedial) Order 2019 (ILPA login required) and further context & background

European Union law, EEA free movement and settled status

8/2/19 News story UK and EEA EFTA states strike agreement to protect citizens’ rights in a no deal scenario agreement with Norway, Iceland and Liechtenstein to protect citizens’ rights, and the text of the EEA EFTA No Deal Citizens’ Rights Agreement and Explainer

7/2/19 Online form Update your EU Settlement Scheme details stated purpose: to keep mobile number, email address, name and ID document in relation to an application up to date

7/2/19 Bogatu C-322/17 on the interpretation of Arts 11(2) & 67 of EU Reg 883/2004 (coordination of social security systems) regarding whether entitlements to certain family benefits depend on working and being in receipt of cash benefits

7/2/19 Fatima & Ors [2019] EWCA Civ 124 extended family members must be dependent on the EEA national, not on a non-EEA national spouse, and after divorce they could not rely on the now naturalised non-EEA national’s cross-border working

Miscellaneous

13/2/19 Article JCWI and Global Future release new reports on Brexit’s impact on immigration

13/2/19 Updated enforcement guidance Marriage investigations stated changes: clarification on terminology to align with EEA Public Policy guidance and clarification of difference between compliance decisions & genuineness assessment under referral scheme

12/2/19 News story Call for evidence: Home Office’s visa casework ‘onshoring’ (‘Network consolidation’) Chief Inspector calls for evidence, including on customer experience

11/1/19 Guidance Ex-gratia guidance description: on the HO’s handling of payments beyond any legal or statutory requirements, as redress for maladministration, made at the discretion of the Home Office and depend on individual circumstances in each complaint

11/2/19 Article Ministry of Justice publishes long-awaited review into legal aid, proposes no significant changes for immigration

7/2/19 Guidance Post-Implementation review of Part 1 of Laspo and of Part 2 LASPO

7/2/19 News story OISC’s CPD scheme on updated information regarding the OISC’s Continuing Professional Development (CPD) scheme

7/2/19 Article UN Special Rapporteurs criticise use of terrorism-related legislation to prosecute ‘Stansted 15’ anti-deportation protestors

7/2/19 Updated collection Correspondence on the work of the Home Office: Windrush newly added: Update to HASC on Windrush: 7 February 2019

13th February 2019

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