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Legal update for week 8th November 2018 to 14th November 2018

14/11/18 Press statement on Brexit progress; Draft Withdrawal Agreement ; Withdrawal Agreement explainer and Technical Explanatory note on Articles 6-8 on the Northern Ireland Protocol

14/11/18 Information page EU Settlement Scheme: evidence of UK residence updated to define P45s and P60s

14/11/18 Article Data-sharing agreement between NHS and HO scrapped following legal challenge by Migrants’ Rights Network

14/11/18 Rhuppiah (Appellant) [2018] UKSC 58 all non-permanent/non-indefinite status is ‘precarious’  – see the Supreme Court’s press summary and blog

13/11/18 Raugevicius C-247/17 Arts 18 & 21 TFEU require that a permanent resident in a member state that does not allow its citizens to be extradited from the EU, is to have the same protection

13/11/18 X and X C-47/17 and C-48/17 after refusal of an initial take back request, a re-examination request should be replied to within 2 weeks, after which the requesting state is deemed responsible

13/11/18 Safeer & Ors, R (on app of) [2018] EWCA Civ 2518 dismissed appeal of unsuccessful JR; Tier 1 Entrepreneur application failed due to lack of evidence of continuous business activity

13/11/18 Form FLR(IR) stated change: removed guidance document – no longer required as the form is online

13/11/18 Form FLR(AF) stated change: updated guidance (but no changes are specified)

13/11/18 Nationality document return service ; Settlement checking service these services will no longer be available from 30/11/18

13/11/18 Nationality checking service this service will no longer be available from 31/12/18

13/11/18 Information page UKVI’s new front end services: what you need to know added section on waiting for a decision and automatic withdrawal by travel outside the CTA

13/11/18 Report on first test phase of settled status – ILPA login required

12/11/18 Update to HASC on Windrush: 12 November 2018 letter from SSHD to Chair of the Home Affairs Select Committee (HASC)

12/11/18 Nationality guidance Children of British parents ; Registration as a British citizen: children stated change: clarification that DNA evidence is not mandatory & no negative inference can be drawn if an applicant chooses not to supply it

12/11/18 Modernised guidance Points-based system: Tier 2 list of specified changes is on pp 7-8

12/11/18 Updated CPIN China: Contravention of national population and family-planning law stated changes: COI and assessment updated to include information about single mothers

12/11/18 Powers and operational procedure guidance updated Enforcement planning assessments list of specified changes is on p 4

9/11/18 Updated guidance Biometric residence permits: applicant and sponsor information no changes are specified

9/11/18 FLR (M) stated change: you must now apply online; paper form can only be used if applicant is eligible for a fee waiver

9/11/18 MM [2018] EWCA Civ 2482 the court was bound by N as explained in  AM (Zimbabwe) whose test was not met; neither was the test in Paposhvili and thus there was no opportunity to revisit the criteria in N in the light of Paposhvili

9/11/18 News story Campsfield House immigration removal centre to close closure is part of the Home Office’s response to the Stephen Shaw review; article: Refugee Council welcomes closure

8/11/18 K & Anor, R (on app of) [2018] EWHC 2951 (Admin) reduction in financial support for potential victims of trafficking found to have been unlawful and discriminatory, case note here; article: Anti-Slavery International welcomes this

8/11/18 Updated forms FLR(IR) ; FLR(AF) ; FLR(S) stated change: paper application form withdrawn, you must now apply online

8/11/18 Updated collection Other cross-cutting guidance (modernised guidance) stated change: new DNA policy guidance added

8/11/18 PA (Iran), R (on app of) v UT (IAC) [2018] EWCA Civ 2495  FTT had erred in upholding an adverse credibility finding which had been based on a flawed understanding of medical evidence

8/11/18 G (Algeria) [2018] EWCA Civ 2493 restricted leave policy had been properly applied by analogy where asylum had not been refused under the ’51 Convention but where exclusion would have been justified on the facts

8/11/18 London St Andrew’s College, R (on app of) [2018] EWCA Civ 2496  guidance as to sponsor duties is to be interpreted sensibly, purposefully and holistically, not rigidly

8/11/18 KV (Sri Lanka), R (on app of) [2018] EWCA Civ 2483 on how discretion in s40(3) re: deprivation of nationality is to be exercised where another nationality cannot be re-acquired; case note here

7/11/18 K C-484/17 the requirement of civic integration tests in autonomous residence cards is legitimate under Arts 15(1)&(4)Dir 2003/86 if tests stay within what is necessary to facilitate integration

7/11/18 C and A C-257/17 same finding as in K C-484/17, and that it is permitted to provide for such permits to be backdated no further than date of application

7/11/18 Li [2018] EWCA Civ 2411 while UT had misinterpreted r320(7B)(d), the decision that false documents had been submitted knowingly in support of entry clearance had been open to HO

14th November 2018

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