18/7/18 R (app of K, a child) [2018] EWHC 1834 (Admin) judge declares incompatibility under 4(2) HRA 1998 of s50(9A) BNA 1981; incompatible with Art 14 ECHR read with Art 8. S50(9A) deems husband of mother to be father at expense of biological father for purposes of deriving British citizenship.
18/7/18 Tier 2, 4 & 5 sponsors: keeping records for sponsorship & Tier 4 register of sponsors (no lists of changes are provided); Tier 2 & 5 guidance for sponsors (changes p.12);
17/7/18 Singh [2018] EWCA Civ 1669 on retrospectivity of invalidation in the context of transitional provisions and an online Tier 4 application and failure to provide passport within specified time
16/7/18 FCO report: Human Rights and Democracy 2017 potentially useful for supplementary country information in asylum appeals
16/7/18 Refugee Action update to 2017 report on asylum support outline
16/7/18 Tier 4 guidance (detailed lists of changes on stated pages) Tier 4 sponsor guidance p.12; Tier 4 of the PBS: guidance for sponsors pp. 4-5; Tier 4 compliance p.3; Higher education regulatory reform p.4; Creating a CAS (no list of changes is provided)
13/7/18 BH (Iraq) [2018] CSOH 76 Dublin 3 Bulgaria case, allegation of collaboration between Bulgarian authorities and traffickers
17/7/18 Khan [2018] EWCA Civ 1684 re cases involving English test fraud: post-Immigration Act 2014 cases will be dealt with in the same manner as pre-2014 Act cases in relation to generation of in-country rights of appeal
15/7/18 Immigration lawyer’s blog post on approach to taking asylum statements
13/7/18 KG, R (on app of) [2018] EWHC 1767 (Admin) substantial damages for unlawful detention of torture victim; failure to follow Rule 34 procedure
13/7/18 AS, R (on app of) [2018] EWHC 1792 (Admin) dismissed challenge to exercise of Royal Prerogative in cancellation of terrorism suspect’s British passport involving family proceedings with EEA national wife – summary here
13/7/18 UKVI forms – GDPR updates only: ILR for those with refugee status/HP SET(P); T1 LTR Tier 1 (Entrepreneur); LTR/ ILR based on Long Residence FLR(LR) / SET(LR); BRP replacement BRP(RC); EEA derivative residence card DRF1; LTR Armed Forces FLR(AF); PBS change of circumstances form MCC;; registration certificate or residence card for FMs or EFMs EEA(FM) / EEA(EFM); Form Application for super premium service; LTR as a stateless person FLR(S); No time limit BRP application for those who already hold ILR NTL
12/7/18 UKVI forms – GDPR updates only: Application for duplicate citizenship certificate Form NC
12/7/18 Legal aid to be reinstated for unaccompanied and separated children summary with links
12/7/18 MR (Pakistan) [2018] EWCA Civ 1598 SSHD appeal against revocation of deportation order allowed; FTT and UT decisions materially flawed as paras 390, 390A, 398 and 399 & s117 of the 2002 Act were not properly considered; remitted to UT
12/7/18 Banger ECJ C-89-17 – Surinder Singh rights are open to durable partners and refusal must be reviewable via a process examining ‘whether the refusal decision is based on a sufficiently solid factual basis and whether the procedural safeguards were complied with’
12/7/18 General aviation report guidance – new contact details and updated list of airports
12/7/18 Shumba [2018] EWHC 1762 (Admin) European Arrest Warrants issued by France; s14 Extradition Act 2003 and Art 8 grounds fail but response is requested from French authorities regarding prison conditions particularly overcrowding in the relevant prisons, potentially relevant to Art 3 grounds
12/7/18 Brexit white paper -separate white paper on immigration is expected in autumn but general outline intentions in section 1.4