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Legal update for week 28th February 2019 to 6th March 2019

Immigration control and the hostile environment

6/3/19 Article Parliament’s Public Accounts Committee says Home Office has failed in its response to the Windrush scandal

1/3/19 JCWI, R (on app of) [2019] EWHC 452 (Admin) the right to rent scheme is discriminatory and incompatible with ECHR Art 14 in conjunction with Art 8 and its extension would be irrational and breach s149 of the Equality Act 2010

1/3/19 Article High Court rules the Right to Rent scheme is unlawful, causes racism and cannot be reformed and statement by immigration minister on HO appeal permission grant, and effect of the determination

General requirements of the rules and guidance

6/3/19 Transparency data Visa fees transparency data showing estimated unit costs contrasted with fee levels

Points based system

6/3/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

28/1/19 Category outline page Seasonal Worker visa (Tier 5)

28/2/19 New form Tier 5 temporary worker concession (creative and sporting): immigration clearance form  for holders of valid Tier 5 CoS who want to enter from Ireland

28/2/19 Updated guidance Common travel area stated changes: section ‘people requiring leave to enter when travelling from Ireland’ now includes sub-section on Tier 5 Temporary Worker (Creative and Sporting) – see p6 for list of changes

28/2/19 Palla [2019] EWCA Civ 264 the 60-day period to find a new PBS sponsor does not confer s3C leave where LTR has expired

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

6/3/19 Updated policy Using the ‘EU Exit: ID Document Check’ app stated change: added video

6/3/19 Updated list EU Settlement Scheme: ID document scanner locations

5/3/19 Correspondence Costa Amendment: Letter to the EU Institutions SoS Steve Barclay to Michel Barnier seeking views on ring-fencing the citizens’ rights part of the Withdrawal Agreement whatever the outcome of negotiations

5/3/19 Updated list European passport return service: England stated change: Stoke on Trent location removed as they are no longer offering this service

1/3/19 Majewski, R (on app of) [2019] EWHC 473 (Admin) detention of EEA rough sleepers, although under a, now unlawful, policy, is to be compensated via standard damages only

1/3/19 Updated guidance UK nationals living in the EU: essential information stated change: updated the Common Travel Area guidance link

Asylum process and practice

6/3/19 KV (Sri Lanka) (Appellant) v SSHD (Respondent) [2019] UKSC 10 on the correct approach to assessment off medical evidence in asylum claims alleging torture; very considerable weight should be given to the fact that injuries which are self-inflicted by proxy are likely to be extremely rare – case note here

5/3/19 Article New report from Glasgow’s Destitute Asylum Seeker Service looks at destitution among people refused asylum in Scotland

28/2/19 New policy paper Asylum Accommodation Support Transformation: policy equality statement

International protection

5/3/19 Updated CPIN Albania: People trafficking stated change:  amended paragraphs on certification

Enforcement, detention, removal & deportation

6/3/19 Adamescu v Bucharest Appeal Court Criminal Division, Romania [2019] EWHC 525 (Admin) permission for extradition appeal stayed behind Varga & Turcanu on prison conditions, permission on ground of abuse of process refused

5/3/19 Foley, R (on app of) [2019] EWHC 488 (Admin) unsuccessful challenge by an Irish national of a decision not to deport him following expiry of his tariff

5/3/19 Updated list Contact details for immigration compliance and enforcement teams stated change: updated locations and leader for East of England locations

5/3/19 Updated guidance Detention Rule 35 process stated change: references to the definition of torture have been clarified

5/3/19 Updated guidance Country returns guide no changes are specified

4/3/19 List and background information Independent Family Returns Panel – Membership ; Independent Family Returns Panel – About us

27/2/19 TT (Vietnam) [2019] EWCA Civ 248 detention became unlawful from date VoT decision would have been made had it not been delayed, but certification of asylum claim was upheld – case note here

27/2/19 Patel, R (on app of) [2019] EWHC 424 (Admin) dismissed unlawful detention JR, held to be totally without merits as both spouses were removable and their separation would only be temporary

Family based applications

5/3/19 Updated guidance Appendix FM 1.7 Financial Requirement stated change: updated contact details

4/3/19 JG (s 117B(6): “reasonable to leave” UK) Turkey [2019] UKUT 72 (IAC) the ‘reasonable to leave’ element of s117B(6) is to be assessed on the presumption that a child would leave the UK

28/2/19 HS (Bangladesh) [2019] EWCA Civ 268 the test to determine existence of family life between adults involves no separate element of ‘sufficiency’ of family life, which either exists or not

Human rights law

1/3/19 Khan v France (application no. 12267/16) Failure to provide care for an unaccompanied foreign minor, aged 12,in the “lande de Calais” shanty town was in breach of the Convention

28/2/19 Beghal v UK (App no. 4755/16) the use of counter-terrorism legislation giving immigration officers the power to stop, search and question passengers at ports, airports and international rail terminals lacked sufficient legal safeguards and breached Art 8 (see press release for case summary)


5/3/19 News story Civil/crime news: recruitment exercise for Legal Aid Review Panel Solicitors, barristers and Fellows of the Chartered Institute of Legal Executives are needed to consider appeals against certain LAA decisions

5/3/19 Updated application form Apply to Legal Aid Review Panel no changes are specified

4/3/19 Article Applications open for the Inderpal Rahal Memorial Trust’s 2019 award

4/3/19 New LAA guidance Immigration Telephone Advice Services Contract 2019 Contract documents for the 2019 Immigration Telephone Advice Services Contract.

4/3/19 News story Civil news: tender for immigration telephone advice services tender opens 4/3/19 to deliver telephone immigration advice to clients in police custody, bid deadline 3/4/19

4/3/19 New guidance Immigration Telephone Advice tender 2019 information for interested organisations

4/3/19 Updated LAA guidance Work out who qualifies for civil legal aid stated change: new table of delegated authorities document ‘Civil Legal Aid Procedure Regulations February 2019’

4/3/19 OISC guidance Welcome to the OISC outlines responsibilities and procedures

1/3/19 Updated OISC guidance OISC Consumer Satisfaction stated change: new page with presentation and associated documentation

1/3/19 Updated LAA guidance Standard civil contract 2018 stated change: changing exclusion zones

28/2/19 Article Latest ONS migration statistics show EU net migration at lowest level since 2009, non-EU migration at highest level since 2004

28/2/19 Collection Migration transparency data stated changes: added new datasets for Q4 February 2019

March 7, 2019

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