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Legal Update for week 23rd May to 30th May 2019

Immigration control and the hostile environment

17/5/19 News story Access to Free School Meal provision for children denied recourse to public funds in Birmingham.

28/5/19 Report Illegal working civil penalties: anonymous regional report (1 October 2018 to 31 December 2018).

28/5/19 Updated guidance The Windrush Taskforce updated to include information about operating processes.

General requirements of the rules and guidance, application process

22/5/19 New guidance Guidance and information about UK Visas and Immigration’s values and customer service, as well as what it expects from customers.

24/5/19 Report National Audit Office releases report of its investigation into Home Office’s response to cheating in TOEIC English-language tests finds some people may have been wrongly accused and unfairly removed from the UK.

24/5/19 News story Facing destitution: the student accused by UK of cheating at English.


Family based applications

29/5/19 New guidance Partners, divorce and dissolution.

Points based system

29/5/19 Updated guidance Start-up and Innovator visa endorsing bodies: guidance no stated changes.

29/5/19 Report Migration Advisory Committee recommends adding to shortage occupation list full report here and associated news story Department of Education to press Home Office on teacher visas.

International protection

23/5/19 Bilali (Directive 2011/95/EU) Case C-720/17 on the application of Article 12 and 13 when a Member State is faced with unusually large number of third-country nationals transiting though the country.

23/5/19 Report Albania: Trafficked Boys and Young Men.

24/5/19  AS (Afghanistan) [2019] EWCA Civ 873 In a case concerning the internal relocation of an Afghan national to Kabul, the court gave guidance about the correct approach to Directive 2004/83 art.8 for the benefit of tribunals tasked with deciding whether a refugee or failed asylum seeker could “reasonably be expected to stay” in a safe haven within their country of origin. The court also acknowledged the existence of updated UNHCR Guidelines on returns to Afghanistan, which unequivocally recommended that internal relocation should not be made available in Kabul, and invited the Upper Tribunal to consider whether its Afghanistan Country Guidance required revision.

24/5/19 Updated guidance National referral mechanism guidance for adults updated to reflect change from UKVI and NCA competent authorities to the Single Competent Authority, changes to support and introduction of Independent Child Trafficking Advocates.

Asylum process and practice

23/5/19 BF (Eritrea) [2019] EWCA Civ 872 allowed appeal and found, by a majority, that the Home Office’s policy guidance (criterion C) permitting the Secretary of State to refuse to accept an individual’s assertion that he is 18 if “their physical appearance/demeanour very strongly suggests that they are significantly over 18 years of age”, is unlawful and must be rewritten, as it fails to ensure that children are not mistakenly treated as adults.

24/5/19 Comment from Refuge Council states Court of Appeal rules the Home Office age assessment policy as unlawful.

29/5/19 Updated guidance Assessing age for asylum applicants – Asylum policy guidance on assessing the age of an applicant when they claim to be a child stated changes: amendments to the guidance on assessing aged based on physical appearance and demeanour, additional guidance added on what action to take when asylum seekers or migrants who are not UASC, claim to be children and their claimed age is doubted by the Home Office, guidance on instances where another UK governmental organisation or public authority raises concerns that a claimant is not the age the Home Office has accepted them to be, other minor amendments.

29/5/19 News story Home Office labelling child asylum seekers as adults leads to abuse.

European Union law, EEA free movement, settled status and Brexit

23/5/19 Report Social Market Foundation looks at the challenges of post-Brexit immigration policy ending freedom of movement will create significant new immigration challenges and the government should ‘inject a dose of honest realism, coming clean about the complexities and unintended consequences of immigration policy, about the control that it does have, but also the practical limits to that control’.

29/5/19 Correspondence UKVI Guidance: Correspondence between Kathryn Denyer of Lewis Silkin and Gillian Brown of the Home Office regarding biometric residence cards (ILPA login required) ‘A person who holds a biometric residence card confirming their pre-settled status will not receive a new card if they later obtain settled status’.

British nationality law

24/5/19 Kadir, R [2019] EWHC 1332 on the matter of CUKC and time of birth.

24/5/19 Hassan, R [2019] EWHC 1288 on the issue of Somalian nationality under section 4B BNA 1981 and the refusal of British Citizenship.

Enforcement, detention, removal & deportation

29/5/19 Updated guidance Detention and temporary release no stated update.


24/5/19 Transparency data 2019: migration, border force, asylum, customer service operation, in-country migration, international operations, sponsorship, immigration enforcement and historical interest.

29/5/19 OISC News: summer 2018 – OISC seasonal newsletter.


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