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.
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
220.127.116.11 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
18.104.22.168 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
22.214.171.124 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
126.96.36.199 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
188.8.131.52 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)  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  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  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
184.108.40.206 Definition of domestic abuse: added link to forced marriage guidance with COVID-19 update
220.127.116.11 Refusals of Bereaved Partner- or Domestic Abuse applications: new case law added – MY  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  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  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  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)  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)  EWHC 668 (Admin) on detention of those in receipt of a positive reasonable grounds decision
18.104.22.168 Deportation criteria inside the rules: new case law added – Buci  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  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  UKUT 85 on whether a grand of LTR instead of ILR can amount to breach of a human rights claim
22.214.171.124 Status appeals: new case law added – Aziz  UKUT 84
126.96.36.199 Further evidence before the Upper Tribunal: new case law added – Birch  UKUT 86 on new evidence before the UT
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