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Legal update for week 31st January 2019 to 6th February 2019

Enforcement, detention, removal & deportation

6/2/19 Updated news story Call for evidence: ‘Adults at Risk’ in immigration detention deadline extended to 25/2/19

4/2/19 Updated guidance Deporting families of foreign offenders stated change: Data Protection Act 1998 changed to Data Protection Act 2018

1/2/19 Updated guidance Country returns guide no changes are specified

Long residence and private life

5/2/19 SA (Afghanistan) [2019] EWCA Civ 53 private life appeal dismissed where appellant arrived in the UK age 14 and had no traceable family members in Afghanistan – neither ‘very significant obstacles to integration’ nor ‘real risk of serious harm’ under Art15(c) were found to exist – see HJT article

European Union law/Brexit

5/2/19 Updated guidance EU Settlement Scheme: Assisted Digital service no changes are specified

5/2/19 Updated promotional material EU Settlement Scheme employer toolkit: Welsh materials stated change: fee update added

3/2/19 Brexit The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2018

1/2/19 Updated collection EU Settlement Scheme: applicant information stated change: contact information for local authorities and supporting organisations added

1/2/19 Updated guidance European Economic Area (EEA) administrative removal stated change: clarification on marriage of convenience terminology to align with EEA Public Policy guidance in section ‘EEA marriages of convenience: removal options’

31/1/19 DH C-704/17 (opinion) Art 9 of Dir 2013/33/EU read with Art 6 & 47 EU Charter of Fundamental Rights, precludes a rule which discontinues JR proceedings, challenging detention, as an automatic result of release

31/1/19 Updated list European passport return service: Greater London stated change: contact details for Harrow updated

31/1/19 Settled status tool kits EU Settlement Scheme: community leaders toolkit ; EU Settlement Scheme: employer toolkit

31/1/19 Updated guidance Guidance for the Community and Voluntary Sector stated change: now includes information on The OISC Level 1 Immigration (limited to the EU Settlement Scheme registration) programme

31/1/19 Form Application for Level 1 EU Settlement Scheme registration

International protection

1/2/19 KK (Sri Lanka) & Anor [2019] EWCA Civ 59 asylum appeal dismissed as risk from political activity too low, and related claim by brother who relied on the first also failed; LAA criticised for causing delay

Points based system

31/1/19 Sheikh, R (on app of) [2019] EWHC 147 (Admin) unsuccessful JR in Tier 4 case involving English language fraud, revocation of sponsor license, service of refusal decision & lawfulness of detention

6/2/19 Updated lists Register of licensed sponsors: students ; Register of licensed sponsors: workers

Appeals, administrative review and judicial review

31/1/19 PAA (FtT: Oral decision – written reasons) [2019] UKUT 13 where a decision is made orally, the following written reasons must be consistent with it

31/1/19 YC [2019] CSIH 5 on the reasons why, to distinguish a CG case, generally an expert report in the individual case is required

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

31/1/19 O & Anor, R (on app of) [2019] EWHC 148 (Admin) on the lawfulness of significant and widespread delay in the making of conclusive grounds decision

General requirements of the rules and guidance

6/2/19 Updated list Assisted Digital service: England service no longer offered in West Bromwich

5/2/19 Updated guidance Apply for a UK visa in China no changes are specified

31/1/19 Updated guidance Tuberculosis test for a UK visa: clinics in the Philippines stated change: he fee has increased for this service


5/2/19 Updated OISC exam resources OISC levels 2 and 3 exam resource book ; OISC level 1 exam resource book

4/2/19 Article Latest report by Independent Chief Inspector looks at Home Office collaborative working with other government departments

4/2/19 News story Inspection work in progress details of completed inspections awaiting publication and active inspections

1/2/19 JA & Ors, R (on app of) v LB Bexley [2019] EWHC 130 (Admin) successful JR of decision to refuse support to NRPF mother under s17 Children Act 1989 – case summary here

1/2/19 OISC survey 2019 Consumer Survey to help OISC understand the experiences of people who have received immigration advice and/or services

31/2/19 Reports Chief Inspector publishes report on Home Office collaborative working with other government departments and agencies ; Responses to reports by the Independent Chief Inspector of Borders and Immigration

February 7, 2019

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