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  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
22.214.171.124 British Citizen Children living abroad with a parent applying as a partner: added sub-section with new case law – SD Sri Lanka  UKUT 43 on the consideration of best interests in entry clearance cases
126.96.36.199 Proving the claim: new case law added Suliman  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
188.8.131.52 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  UKUT 46 on the evidence required in asylum claims based on the convention ground of ‘religion’
184.108.40.206 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)  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
220.127.116.11 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
10.3.2.4 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  ScotCS CSOH_15 and unreported case JR030212019  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  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)  UKSC 7 on the relationship between detention and the immigration decision which preceded it
18.104.22.168.1 Torture victims: new case law added – ZA (Pakistan)  EWCA Civ 146 on the circumstances in which failure to screen a detainee under Rule 34 may not render detention unlawful
22.214.171.124 FTT Bail and conditions: new case law added:
- ZA (Pakistan)  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))  UKSC 4 on Sch 3 IA 1971 and the legitimacy of curfews
13.4.1 Power to deport: added clarification in discretionary deportation
126.96.36.199 Automatic deportation: added clarification on s33 UKBA 2007 exemptions and new graphic on comparative procedure automatic vs discretionary deportation
188.8.131.52 Deportation criteria inside the rules: new case law added – Patel  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!
If you have not already received access to the MPBS resource, please contact us today to update your account. You will receive automatically upon renewal.
As always we would be grateful for subscribers’ feedback on any of our content and website functionality – please send by email to email@example.com with subject heading ‘MIL suggestion box’.
If you require any assistance with your subscription, please call us today and we will be happy to help.
If you’re not a subscriber, there is no better time to join the MIL community, with over 1200 subscribers, you’ll be hard strapped to find a more comprehensive and up-to-date resource than this, especially with our Mastering Points Based System resource now included and currently on SPECIAL OFFER!
Order now to get your hands on the latest copy of our Mastering Immigration Law manual 2019. Why not sign up to our newsletter to receive a £10 off coupon to use towards a year’s subscription with HJT! Check our our advert
Still unsure about our service? Call in to the office on 0203 766 3860 and we can give you a telephone demo of our resource at your convenience.