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Mastering Immigration Law Subscription Updates February 2020

Our February subscription updates have arrived, and what a vast number updates we have for you this month!

Let’s dive right in…


1.3.1 Entry clearance: added Home Office email address to report ongoing issues with online system for out of country applications

2.3.5 Refusal of leave to remain (rule 322) – Good character refusals under paragraph 233(5): added new case law: Yaseen [2020] EWCA Civ 157 on concepts of honesty and integrity in tax discrepancy cases

4.2.16 Section 67 leave – Dubs Amendment Leave: added reference to updated guidance British Citizen Children living abroad with a parent applying as a partner: added sub-section with new case law – SD Sri Lanka [2020] UKUT 43 on the consideration of best interests in entry clearance cases Proving the claim: new case law added Suliman [2020] EWHC 326 (Admin) on recognition of late disclosure in DV cases as a relevant factor in assessing evidence

7.2.3 Tier 1 (Exceptional Talent) and Global Talent: new links to guidance and law added

7.3.6 Skilled workers under the new system from 2021: new section on proposed future category Inconsistencies: added reference to guidance on male victims of sexual violence

8.2.2 Country Guidelines cases: added para on sourcing information from CG cases

8.2.4 Specific individual risk: added detail on negative risk factors

8.4.2 Religion: new case law added – PS Iran CG [2020] UKUT 46 on the evidence required in asylum claims based on the convention ground of ‘religion’ Art 15(c): added paragraph on individual risk in internal armed conflict

9.1.4 The role of the representative: added paragraph on Preliminary Information Questionnaires

9.1.5 Asylum interview: added paragraph on asylum interviews by video conference

9.2 Asylum Support: added detail on assessment of destitution and forms of support

9.3.4 Age assessment: updated paragraph on HO policy Assessing Age

9.4.1 Detained asylum casework: updated paragraph on the operation of the DAC

9.4.1 Detained asylum casework: new case law added – ZA (Pakistan) [2020] EWCA Civ 146 on the validity of presumptions on merits of DAC cases

9.5.2 Dublin 3: added detail on the processing of unaccompanied minors under Dublin 3 Asylum claims from EU nationals: new subsection added

10.1.4 Human rights as a ground of appeal: additional clarification on human rights challenge for a Degrading treatment or punishment: additional detail in Top Tip on evidencing prison conditions

10.4.2 Threshold for interference in foreign cases: added detail on the threshold

10.5.1 Pre-July 2012 DL: new case law added – AZ [2020] ScotCS CSOH_15 and unreported case JR030212019 [2020] UKAITUR on issues relevant to the decision to grant ILR under the old policy

10.5.2 Modern DL: added reference to r352ZC (unaccompanied minors) and text of DL API

10.5.3 DLR for criminals: restricted leave: added para on challenges to restricted leave policy

11.1 Underlying legal principles, Brexit negotiations and settled status

11.4.3 Dependent relatives: new case law added – Latayan [2020] EWCA Civ 191 on the meaning of ‘direct descendant’, with cross-reference to SM v ECO, UKVI Section C-129/18 on children adopted informally under the kafala system

11.6.4 Retained rights of residence: added reference to updated policy in response­­­ to­­­ Baigazieva

13.1.2 Detention processes: further clarification of lawfulness of detention in relation to guidance

13.1.3 Exercising the power to detain: new case law added – DN (Rwanda) [2020] UKSC 7 on the relationship between detention and the immigration decision which preceded it Torture victims: new case law added – ZA (Pakistan) [2020] EWCA Civ 146 on the circumstances in which failure to screen a detainee under Rule 34 may not render detention unlawful FTT Bail and conditions: new case law added:

  • ZA (Pakistan) [2020] EWCA Civ 146 on the importance of pursuing false imprisonment claims via civil actions
  • R (on app of Jalloh (formerly Jollah)) (Respondent) v SSHD (Appellant)) [2020] UKSC 4 on Sch 3 IA 1971 and the legitimacy of curfews

13.4.1 Power to deport: added clarification in discretionary deportation Automatic deportation: added clarification on s33 UKBA 2007 exemptions and new graphic on comparative procedure automatic vs discretionary deportation Deportation criteria inside the rules: new case law added – Patel [2020] UKUT 45 on the relevance of British citizenship of a child and the consideration of undue harshness

14.5.5 Country Expert Reports: extra detail on family relocation


We hope you find these updates useful and remember to include in your training plan for your CPD Activity. Stay tuned for more updates!

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18th March 2020

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