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
18.104.22.168 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
22.214.171.124 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
126.96.36.199 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’
188.8.131.52 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
184.108.40.206 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
220.127.116.11.1 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
18.104.22.168 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
22.214.171.124 Automatic deportation: added clarification on s33 UKBA 2007 exemptions and new graphic on comparative procedure automatic vs discretionary deportation
126.96.36.199 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!
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