We hope you are safe and well. It has been a very busy time for HJT, Mark Symes & David Jones have been working tirelessly to produce the most update to date courses, to make sure everyone knows all the latest developments in the Covid era. With so many developments we launched a brand new module to MIL, Covid-19 Immigration Law, Policy & Procedure
As a subscriber you will have access to COVID-19 Module, covering all policy and practice across UKVI, courts and tribunals. For those subscribers who wish to gain access for free please email firstname.lastname@example.org and will grant you access prior to your renewal.
We have also included the Covid update live sessions and materials, which were delivered over Zoom and may be found in module UPDATES & DOCUMENTATION
If all the above is not enough for you, here are all the updates that have been made to MIL. Please log in to access
COVID-19 Module 3.2 Detention Issues and COVID-19: new case law added – Samson Bello  EWHC 950 (Admin) on increased risks related to coronavirus in detention, and measures in place to mitigate these
COVID-19 Module 9.5 Asylum support: new case law added – AQS  EWHC 843 (Admin) on SSHD’s policy of housing migrants during the pandemic
1.3.6 Overstayers and illegal entrants (and the hostile environment): new paragraphs added on High Court challenge to NRPF and the likely consequences for clients
1.3.6 Overstayers and illegal entrants (and the hostile environment): new case law added – Joint Council for The Welfare of Immigrants  EWCA Civ 542 on discrimination and the Right to Rent scheme
2.1.3 Old rules and legitimate expectations: new case law added – Alliance of Turkish Business People Ltd  EWCA Civ 553 on legitimate expectations arising from statements based on a wrong view of the law
126.96.36.199 Good character refusals under paragraph 322(5); grant of FLR instead of ILR as a consequence: new case law added – Mansoor  UKUT 126 on granting FLR instead of ILR as an alternative to refusal on the basis of 322(5)
5.3.2 Rule 276ADE(1)(iv) – Children and when it is reasonable to expect them to leave the UK: new case law added – Runa  EWCA Civ 514 on the application of the test of “reasonableness”
5.5.5 Historic wrongs: new case law added: new case law added – Hysaj  UKUT 128 on the concept of “historic wrongs”
5.5.7 Home Office delay and other maladministration: new case law added – Hysaj  UKUT 128 on application of old HO policy not to initiate proceedings to deprive a person resident over 14 years of British citizenship
5.6.1 The Article 3 line of authority – From N to Paposhvili and AM Zimbabwe: whole section re-written in light of AM Zimbabwe
6.2.8 Chikwamba: new case law added – Younas  UKUT 129 guidance on the correct application of the Chikwamba test
8.4.2 Religion (as a ground for persecution): new case law added: MH Iran  UKUT 125 on the evidence that can be provided by witnesses from the church of an asylum claimant seeking to rely on religious conversion
9.2.5 Dublin 3, Procedural Safeguards: new case law added – Habte  EWHC 967 (Admin) on taking responsibility for assessing a claim, and what does and does not constitute that
188.8.131.52 Family reunion under Dublin 3: new case law added – FTH  EWCA Civ 494 on assessments of family reunion for children outside Dublin 3
184.108.40.206 Family Reunion, Post flight and other family members: new case law added – KF (entry clearance, relatives of refugees) Syria  UKUT 413 on consideration of the best interests of children who are outside the UK in family reunion applications outside the rules
11.8.1 Appeals under the 2014 Act regime: new case law added – Ammari  UKUT 124 on the effect of a residence card being issued, on a currently pending appeal
220.127.116.11 Pre-settled status: new case law added – Fratila  EWHC 998 (Admin) on the benefits restrictions which apply to those with Pre-Settled Status under the EU Settlement Scheme
18.104.22.168 Indefinite leave to remain for Turkish workers: new case law added – Alliance of Turkish Business People Ltd  EWCA Civ 553 on the lawfulness of the ILR regime for Turkish workers
12.3.3 Who is the father? New paragraph with links to forms and guidance on new application route with fee waiver for children born to British fathers while the mother was married to someone else
22.214.171.124 Declarations of nullity: new case law added – Hysaj  UKUT 128 regarding procedural aspects of nationality deprivation cases
13.1.6 Removability as the basis of the power to detain: new case law added – Samson Bello  EWHC 950 (Admin) on the meaning of removal being “imminent”; and on considerations relevant to absconding
126.96.36.199 Deportation criteria outside the rules: new case law added LE (St Vincent And the Grenadines)  EWCA Civ 505 on the significance of military service in deportation proceedings
14.4.5 First-Tier Tribunal Rules; other important procedure rules: new case law added – Hysaj  UKUT 128 on anonymity directions
14.5.4 Expert evidence: new case law added – MH Iran  UKUT 125 on critical aspects of expert evidence
188.8.131.52 Application to the First-tier Tribunal: new case law added – MH Iran  UKUT 125 (IAC) & Devani  EWCA Civ 612 regarding use of the “slip rule” in r31
184.108.40.206 Respondent’s response to appeal; reply: new case law added – Devani  EWCA Civ 612 on what is required of Respondents relying on grounds on which they were previously unsuccessful
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