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Legal Update for week 31st May to 6th June 2019

This week has provided few changes in caselaw, guidance or legislation, however there are several interesting reports regarding EU settlement, the country situation in Cameroon and the treatment of refugees and detainees, as well as two new endorsing bodies being added to the Start-Up and Innovator lists.

The Reith Lecture on Human Rights and wrongs by Jonathan Sumption provides an interesting 42 minutes for those with an interest in the development of Human Rights law. 


Routes outside the points-based system and Appendix FM; Home Office concessions; conventions beyond the ECHR

2/6/19 Report Asylos ad ARC Foundation: The situation of trafficked boys and young men from Albania – addresses critical gap in the COI and in the Home Office assessment of the most vulnerable asylum seekers.


Points based system

4/6/19 Updated review Full review of the shortage occupation list, May 2019 first published on 29/5/19 and now updated.

30/5/19 Updated list Start-Up and Innovator endorsing bodies, Kollider and Founders Factory added.

24/5/19 Report by National Audit Office – Investigation into the response to cheating in English language tests.

 International protection

3/6/19 News story ICC submission calls for prosecution of EU over migrant deaths calls for the EU and Member States to be prosecuted for the deaths of thousands of migrants who drowned in the Mediterranean escaping Libya.


Asylum process and practice

3/6/19 Report Home Office Indicators of Integration framework 2019 – provides local authorities, charities and those working with groups in society at risk of poor integration with practical ways to design more effective strategies, monitor services and evaluate integration interventions. Home Office summary here.

30/5/19 News story Call for evidence: Use of interpreters in the asylum process.

30/5/19 Updated CIPN Christians and Christian converts guidance no stated changes.


Human rights law

3/6/19 Council of Europe Commissioner for Human Rights states family reunification is an essential human right – Dunja Mijatovic, the Commissioner for Human Rights, made a notable intervention in the case of Dabo v. Sweden stating family reunification is an essential human right which enables refugees to resume a normal life and is crucial for their integration in the host country.

3/6/19 Report Cameroon’s Unfolding Catastrophe: Evidence of Human Rights Violations and Crimes against Humanity.

29/5/19 Report Crisis denied in Cameroon: government refusal to recognize suffering in NWSW deters donors.


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

3/6/19 Report House of Commons Home Affairs Committee EU Settlement Scheme warns EU Settlement Scheme risks repeat of Windrush scandal and recommends that the Government clarify if, how and when hostile/compliant environment measures will be applied to EU citizens living in the UK.

31/5/19 Updated guidance EU Settlement Scheme: ID document scanner locations new locations added.

30/5/19 Data transparency – Department for Exiting the European Union: spend over £25,000, April 2019.

30/5/19 News story EU Settlement Scheme is performing well – Home Secretary Sajid Javid has confirmed that more than 750,000 applications have now been received for the EU Settlement Scheme.


Enforcement, detention, removal & deportation

4/6/19 News story Charter Flight Monitoring Team 2018 annual report: removal continues to involve excessive use of restraints on some. 

1/6/19 News story Deportations of offenders fall after Windrush fiasco Official figures show that both enforced and voluntary removals fell by a quarter in the year to March 2018 while the number of foreign offenders deported dropped by 13%.

31/5/19 News story Immigration Unit breaches human rights immigration detainees awaiting removal from the UK are being held for periods of up to four-and-a-half years before being released on bail. The report supports calls from MPs for a 28-day limit on detention, except for those detainees who have served a prison sentence.

31/5/19 Report Legal Advice survey – Bail for Immigration Detainees although the number of law firms providing advice has increased, lawyers’ expertise in the area has decreased.

23/5/19 Report Consultation on proposed changes to “The transfer and remission of adult prisoners under the Mental Health Act 1983 good practice guidance 2019” and introduction of “The transfer and remission of immigration removal centre detainees under the Mental Health Act 1983 good practice guidance 2019” requests views on guidance relating to individuals held within prisons and immigration removal centres who have been detained under the Mental Health Act.

Appeals, administrative review and judicial review

3/6/19 News story Call for evidence: Administrative Reviews.



3/6/19 Updated guidance Complaints procedure – How to complain about the Office of the Immigration Services Commissioner (OISC) or its staff.

1/6/19 Updated Legal aid guidance – general information including on costs assessment and remuneration for civil and crime matters.

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