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Mastering Immigration Law Subscription Updates March 2020

We hope you are all safe and well, here are the subscription March 2020 updates. There are a huge number of updates this month due to the current crisis, we have managed to include everything up to date, so you, as a subscriber, do not miss a thing. We feel that Mastering Immigration Law is the most up to date resource there is, so please spread the word to friends and colleagues. 

We have also included the weekly COVID-19 updates materials and video and you may locate these in Updates & Documentation. These will continue to be added every week.

March updates:

1.3.6 Overstayers and illegal entrants (and the hostile environment): added link to the report ‘Windrush – Lessons Learned’ and commentary

1.4.3 Immigration Rules (HC395): added reference and link to HO response to Law Commission’s report on simplification of the Immigration Rules

1.5.7.5 The Immigration Health Surcharge: added reference to draft legislation under which the IHS will increase from October 2020 

4.2.19 Coronavirus (COVID-19) pandemic response – temporary policies and changes to procedure, concessions and changes: added new section with a practitioner guide to tracking updates

4.2.19.1 Concessions and alterations of procedures for those unable to return home, whose leave expires between 24 January and 31 May 2020: new sections added with subsections: visa extensions until 31 May 2020 and concession on switching

4.2.19.2 Temporary concessions: work- and study categories: new section added with subsections:  NHS automatic 12-month extension; relaxation of sponsorship duties; temporary concession for Tier 1 Entrepreneurs

4.2.19.3 Temporary procedural and operational changes across UKVI and HMCTS: new section added with subsections: courts and tribunal operational changes; application services abroad; changes on right to rent/work checks; fresh claims and all other asylum procedure changes

4.2.19.4 LAA guidance for legal aid practitioners facing cash flow problems owing to COVID-19: added links to LAA guidance and announcements

4.3 Victims of trafficking: new guidance on identification of victims and support available added

4.3.10 Challenging NRM decisions: new case law added – MS (Pakistan) [2020] UKSC 9 on the relevance of NRM decisions to immigration tribunal decisions

5.4.8 Part 5A, 2002 Act considerations: new case law added – Birch [2020] UKUT 86 on the approach to be taken where a person was under a legitimate misapprehension as to their precarious status

5.5.7 Home Office delay and other maladministration: new case law added – Husson [2020] EWCA Civ 329 on damages for delay in issuing residence documentation

5.7.1 Decisions in private life cases: duration and conditions of leave: added reference to ongoing NRPF litigation and links to information about this, as well as to the online process for NRPF lift

6.3.2.1 Definition of domestic abuse: added link to forced marriage guidance with COVID-19 update

6.3.2.3 Refusals of Bereaved Partner- or Domestic Abuse applications: new case law added – MY [2020] UKUT 89 on human rights appeals and DVILR applications

7.3.2 Tier 2 (General): new para added on the freezing of the minimum salary level for ILR

9.3.2 Assessing credibility in children’s claims: new case law added – Uddin [2020] EWCA Civ 338 on assessing family life between an UASC and his foster parents

11.5.4 Sham marriage/ marriage of convenience: new case law added – Nimo [2020] UKUT 88 on the extent of the SSHD’s duty of candour and disclosure in sham marriage cases

11.6.8 Settled and pre-settled status (‘ILR/LTR under Appendix EU’): added outline of changes implemented by HC120 in force 6 April 2020

11.8.3 In-country and out-of-country appeals:

– New case law added – Hafeez [2020] EWHC 437 (Admin) on applicable considerations in out of country EEA appeals

– New link to updated guidance on Reg 33 added

13.1.6 Removability as the basis of the power to detain: new case law added – SB (Ghana) [2020] EWHC 668 (Admin) on the legality of detention while an appeal is pending

13.1.8 Detention of vulnerable categories of person:  The Adults at Risk guidance: new case law added – SB (Ghana) [2020] EWHC 668 (Admin) on detention of those in receipt of a positive reasonable grounds decision

13.4.2.1 Deportation criteria inside the rules: new case law added – Buci [2020] UKUT 87 on the definition of ‘partner’ for purposes of the deportation regime

13.4.3 Hesham Ali: A definitive statement on cases inside and outside the Rules: new case law added – Imran [2020] UKUT 83 on the evidence required to prove unduly harsh consequences on children

14.2.3 Human rights claims; identifying a human rights claim: new case law added – Mujahid [2020] UKUT 85 on whether a grand of LTR instead of ILR can amount to breach of a human rights claim

14.6.1.6 Status appeals: new case law added – Aziz [2020] UKUT 84

14.6.2.3 Further evidence before the Upper Tribunal: new case law added – Birch [2020] UKUT 86 on new evidence before the UT 

 


As always we would be grateful for subscribers’ feedback on any of our content and website functionality – please send by email to enquiries@hjt-training.co.uk 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 and COVID-19 weekly updates now included. 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.

 

20th April 2020

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