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Legal update for week 14th February 2019 to 20th February 2019

Appeals, administrative review and judicial review

19/2/19 AK and IK (S.85 NIAA 2002 – new matters) [2019] UKUT 67 reliance on criteria relating to a different immigration rules category than that, on which the underlying application was based, is a ‘new matter’ requiring SSHD’s consent, even if individual facts remain the same

19/2/19 OA and Others (human rights; ‘new matter’; s.120) [2019] UKUT 65 meeting an immigration rule cancels out any weight, in the Art 8 balance, accorded to immigration control, as against factors relating to the requirements of that immigration rule

19/2/19 R (on app of JS and Others) (litigation friend – child) [2019] UKUT 64 general guidance on when child applicants in immigration JRs requires a litigation friend to conduct proceedings

19/2/19 KK (Sri Lanka) [2019] EWCA Civ 172 departure from a CG case by an FTT judge was held to be justified on new evidence, including a new CIG report, where all of the evidence had been considered (without the need to set out a list of positive and negative factors from the CIG)

14/2/19 SB (Sri Lanka) [2019] EWCA Civ 160 set aside UT’s dismissal of asylum appeal on the facts, remitting to FTT, owing to the FTT’s material errors in evaluating evidence

Points based system

20/2/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

General requirements of the rules and guidance

15/2/19 Updated info Terms and conditions for booking and taking the Life in the UK test ; Application for refunds or complaints about a Life in the UK test

14/2/19 Assisted Digital service: England stated changes: Stockton-on-Tees and Thornaby removed from list

Asylum process and practice

19/2/19 R (on the application of BJ & Ors) [2019] UKUT 66 guidance on the interpretation of Art 9 of Dublin III

19/2/19 SM AS/18/12/38967 unsuccessful s4 support appeal: although accommodation in a prison cell is not adequate accommodation, the appellant could not prove they would be released and therefore destitute within 14 days

15/2/19 R (on app of W) [2019] EWHC 254 (Admin) the SSHD, in failing to consider evidence of intellectual disabilities in granting restricted leave, had breached the public sector equality duty

13/2/19 Racheed (AP) [2019] CSIH 8 on the quashing of certification as ‘clearly unfounded’ of an Art 3 claim against removal to Bulgaria, where the claimant had been recognised as a refugee by Bulgaria

International protection

19/2/19 CPIN Iraq: internal relocation stated changes:  Inclusion of accepted COI recommendations from the IAGCI

14/2/19 CPIN Nigeria: Boko Haram stated changes: COI updated; note no longer considers whether there is a generalised risk of indiscriminate violence or a breach of Art 3

13/2/19 AE [2019] CSOH 12 unsuccessful Cart JR on Nigerian asylum claim based on risk of harm from cults

Enforcement, detention, removal & deportation

18/2/19 Article Hungarian Helsinki Committee says de facto detention of asylum seekers upon entry in the EU undermines the right to liberty

14/2/19 Gorczewski v Court of Swidnica, Poland [2019] EWHC 279 (Admin) very strong factors are required to counterbalance the public interest in extradition

14/2/19 Yilmaz & Anor v Government of Turkey [2019] EWHC 272 (Admin) extradition appeals adjourned pending answers and assurances relating to detention in Turkey with a view to determining potential Art 3 breaches

European Union law, EEA free movement and settled status

19/2/19 Kunwar (EFM – calculating periods of residence) [2019] UKUT 63 durable partners can accrue residence, for permanent residence under the 2016 Regs, only from the time of issue of a residence card as such

19/2/19 Modernised guidance Free movement rights: direct family members of EEA nationals stated change: minor typo fixed

15/2/19 Modernised guidance Free movement rights: retained rights of residence stated changes: to reflect Regulation (EU) 2016/1191 on the Simplification of Public Documents

15/2/19 Updated list EU Settlement Scheme: Assisted Digital service stated changes: Willington removed from the list of Assisted Digital locations, Woolwich and Wrexham added

15/2/19 OISC Guidance Guidance for the Community and Voluntary Sector on registering with the OISC as well as information on the new EU Settlement Scheme registration

15/2/19 Processes and procedures for EEA documentation applications stated changes:  to reflect the Immigration (EEA) (Amendment) Regs 2018 & Regulation (EU) 2016/1191 on the Simplification of Public Documents, and minor administrative amendments throughout


20/2/19 Call for evidence: An inspection of the handling of complaints by the Home Office’s Borders, Immigration and Citizenship System (BICS) for anyone with relevant knowledge and experience, by 6/3/19

20/2/19 LAA Civil news: backdating powers now available for civil cases discretionary powers for urgent civil cases now in force and ‘out of hours’ service closed

20/2/19 LAA guidance Key Cost Judge Decisions for locating the main cost judge decisions we refer to when making assessment decisions

16/2/19 Article Home Office hires out staff to hunt migrants

14/2/19 LY [2019] CSOH 13 unsuccessful JR against negative trafficking decision and determination of identity

February 21, 2019

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