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Legal update for weeks 20th December 2018 to 2nd January 2019

2/1/19 Article Updated practice directions released for the Immigration and Asylum Chambers

2/1/19 Updated form Notification of change of circumstances: form MCC no changes are specified other than ‘guidance updated’, and the date on the form remains 21/12/18

2/1/19 Information page UK Visas and Immigration – Complaints procedure with relevant links and contact details

2/1/19 News Forced marriage victims asked to pay rescue costs

2/1/19 Updated lists Register of licensed sponsors: students ; Register of licensed sponsors: workers

31/12/18 Article Critics accuse Home Secretary of hyped-up rhetoric after increase in migrants crossing the Channel is declared a ‘major incident’ & announcement Home Secretary bolsters Border Force fleet in the Channel

31/12/18 Guidance Apply for a Parent of a Tier 4 child visa: step by step step by step guide

31/12/18 Guidance DNA policy stated change: ICE has been changed to IEC throughout

31/12/18 Removed guidance Nationality checking service this service is no longer available

28/12/18 Updated lists Register of licensed sponsors: students ; Register of licensed sponsors: workers

24/12/18 Service standards UK Visas and Immigration – About our services includes link to customer charter

24/12/18 Updated European passport return service: England list of local authorities offering this service

22/12/18 Collection EU Settlement Scheme pilot: applicant information added  scheme closing & re-opening dates  (re-opens 21/1/19)

21/12/18 Harverye [2018] EWCA Civ 2848 a second decision to deport was made properly, despite previous one having been overturned: material change in circumstances had ended Art 3 risk

21/12/18 CA (Turkey) [2018] EWCA Civ 2875 replacing appeals with administrative review, for Turkish citizens using freedom of establishment rights, was compatible with the Ankara agreement

21/12/18 SS (Jamaica) [2018] EWCA Civ 2817 successful appeal against UT decision that SS should not be deported; no exceptional circumstances outweighing the public interest had been shown

21/12/18 ILPA/TLS meeting with Simon Peachey of UKVI on 18 December 2018 – agreed actions (ILPA login required)

21/12/18 Guidance Study in the UK on a general student visa (Tier 4) step by step guide

21/12/18 Policy paper Immigration and Social Security Co-ordination (EU Withdrawal) Bill includes fact sheets on end of free movement, status of Irish citizens and ECHR memorandum

20/12/18 Kotuk v ECO Warsaw [2018] EWCA Civ 2850 the UK’s obligation under the standstill clause in the protocol to the Ankara Agreement covers no more than to refrain from introducing new restrictions on the freedom of establishment

20/12/18 KC (Gambia) [2018] EWCA Civ 2847 upheld successful asylum appeal in claim based on resistance to becoming an FGM practitioner in Gambia; no internal relocation alternative was held to exist on the evidence

20/12/18 AIRE Centre, R (on app of) v SSHD & Anor [2018] EWCA Civ 2837 Operation Nexus involved legitimate information gathering rather than ‘systemic verification’ of exercise of treaty rights, prohibited by Art 14(2) Dir 2004/38; summary here

20/12/18 Singh [2018] EWCA Civ 2861 in a JR contesting applicant’s failure to provide documents, the SSHD’s stance will be accepted unless evidence, including from cross examination or witness statements, shows SSHD’s position is untenable

20/12/18 Policy paper Policy statement: section 67 of the Immigration Act 2016 on transferring unaccompanied children under the ‘Dubs Amendment’, including detailed process guidance

20/12/18 Updated list Tuberculosis test for a UK visa: clinic in Sri Lanka contact details for IOM Colombo updated

20/12/18 Statement of changes to the Immigration Rules: HC 1849, 20 December 2018 introduces the third pilot phase, to commence 21/1/19 with more general eligibility criteria; article here

20/12/18 Online tool Continue to live in the UK after it leaves the EU

20/12/18 Policy paper Immigration health surcharge: policy equality statement on the impact of the doubling of the health surcharge on 8/1/19

20/12/18 EU Settlement Scheme rolled out to public test phase next testing phase of the EU Settlement Scheme is now opening more widely

20/12/18 Policy paper EEA EFTA Separation Agreement and Explainer text as agreed between the UK and the EEA EFTA states, and Explainer

20/12/18 News story UK agreements with the EEA EFTA states and Switzerland on withdrawal issues including citizens’ rights post-Brexit

Addendum – case law missed out in previous updates

19/12/18 Mohamed, R (on app of) [2018] EWHC 3547 (Admin) delay to consideration of ILR and asylum claim found unlawful, but detention was lawful

19/12/18 TN (Vietnam) & Anor, R (on app of) v SSHD & Anor [2018] EWCA Civ 2838 appeal decisions under the 2005 Fast Track rules are not automatically nullities; unfairness must still be individually evidenced

14/12/18 Prathipati [2018] UKUT 427 where UT permission refusal had been sent to wrong address, the expectation to support a further application with reasons for overstaying beyond 28 days was unfair, as the applicant was not aware of this having occurred

16/11/18 Abunar (Para 339C: “Country of return”) [2018] UKUT 387 r339C(iii) incorrectly transposes the Qualification Directive in claimants’ favour, such that a real risk of serious harm in the country of return (if different from country of origin/nationality) can render claimants eligible for HP

16/11/18 HKK (Article 3: burden/standard of proof) [2018] UKUT 386 where a judge is satisfied of a document’s reliability, SSHD may not be able to resist conclusion the claimant is at risk, absent SSHD’s own enquiries into that document

16/11/18 Oksuzoglu (EEA appeal – “new matter”) [2018] UKUT 385 in EEA appeals, new matters which were neither raised in the application nor considered in the refusal letter cannot be raised without SSHD’s consent

2nd January 2019

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