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

Asylum process and practice

13/3/19 E. v Staatssecretaris van Veiligheid en Justitie C-635/17 before refusing family reunion for lack of documentary evidence, consideration must be given to specific circumstances and difficulties of the family before and after fleeing their country of origin

Appeals, administrative review and judicial review

13/3/19 Robinson (formerly JR (Jamaica)) (Appellant) [2019] UKSC 11 where previous human rights- or asylum claims have been refused and no appeal is outstanding, a fresh claim must pass the r353 threshold for a refusal to attract a right of appeal

Points based system

13/3/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

8/3/19 Updated guidance Points-based system: Tier 5 (Temporary Worker) stated change: to reflect Immigration Rules changes of Jan ‘19 and the introduction of the Seasonal Workers pilot scheme

7/3/19 Shah, R (on app of) [2019] EWCA Civ 368 unsuccessful JR of invalidation of an application, based on failure to enrol biometrics in a Tier 4 application

International protection

12/3/19 New report Country Profile: FGM in Somalia and Somaliland by 28 Too Many

12/3/19 MA (AP) [2019] CSIH 13 refused asylum appeal based on sur place claim where evidence of political activities in country of origin was not accepted and activities in the UK were low profile

12/3/19 The IAGCI invites tenders to evaluate the UK Home Office Country Information Products to evaluate Ethiopia and Jamaica, closing date 26/3/19

12/3/19 The IAGCI invites tenders for a thematic evaluation of the UK Home Office Country Information Products to review coverage of Sexual Orientation and Gender Identity Issues in CPINs, closing date 26/3/19

8/3/19 Updated CPIN Occupied Palestinian Territory (Gaza): Security and Humanitarian Situation stated change: update of COI and policy

6/3/19 WA (Pakistan) [2019] EWCA Civ 302 amends CG case on Ahmadis in Pakistan to the extent that this misinterpreted the HJ Iran test as to why behaviour, attracting persecution, is likely to be avoided – case note here

7/3/19 News story Afghan interpreters to be able to bring their family to the UK


12/3/19 Tjebbes and Others v Minister van Buitenlandse Zaken C-221/17 where loss of Dutch citizenship by operation of law would lead to loss of any EU citizenship, proportionality must be considered

12/3/19 Updated guidance note Application for registration with the OISC no changes are specified

8/3/19 OISC guidance How to become a regulated immigration adviser information re “Local authority nationality and settlement checking services” has been removed

7/3/19 Statement of changes to the Immigration Rules: HC 1919, 7 March 2019 ; article and ILPA response (login required)

7/3/19 KK (India) [2019] EWCA Civ 369 upheld refusal to grant of ILR outside the rules

European Union law, EEA free movement, settled status and Brexit

12/3/19 Correspondence AG to Prime Minister  Legal Opinion on Joint Instrument and Unilateral Declaration concerning the Withdrawal Agreement

11/3/19 Policy paper 11 March Withdrawal Agreement and Political Declaration laid before Parliament following political agreement

11/3/19 Updated list EU Settlement Scheme: ID document scanner locations Burton upon Trent, Calderdale, Hounslow and Newcastle-under-Lyme and Warwickshire added, Warrington removed

11/3/19 New guidance EU Settlement Scheme: how we use your personal information

7/3/19 Guidance International Agreements if the UK leaves the EU without a deal

7/3/19 Updated online tool Stay in the UK after it leaves the EU (‘settled status’): step by step

7/3/19 Kavanagh & Anor v SSWP [2019] EWCA Civ 272 assessment of a genuine and sufficient link to the UK for entitlement to non-contributory benefits should include intentions, motives and expectations in moving to the UK

7/3/19 Aibangbee [2019] EWCA Civ 339 ‘extended’ and ‘other’ family members’ residence rights start counting towards permanent residence rights only from issue of the first residence card

7/3/19 The Immigration (EEA Nationals) (EU Exit) Regs 2019 2019/468 in force 28th&29th March, amending entry via Ireland and extended family provisions in the 2016 Regs

7/3/19 The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 2019/475 implementing £0 fee for settled status, fee changes etc

General requirements of the rules and guidance

11/3/19 Updated information page UKVI’s new front end services: what you need to know updated Service and Support Centres (SSCs) information

11/3/19 Updated list Applying for a UK visa: approved English language tests no changes are specified

7/3/19 Policy paper UK visa fees from 29/3/19 fees are frozen for all categories except for a slight increase for visitors, increases for some premium- and other services, reduction to nil for EU settled and pre-settled status

7/3/19 Visa fees transparency data stated change: new table with details of fees and unit costs for 2019

Enforcement, detention, removal & deportation

8/3/19 Updated guidance Adults at risk in immigration detention stated change: clarification to the definition of torture


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