Welcome to the December 2016 edition of the Free Movement immigration update podcast. This episode I start with the some material on asylum and human rights issues, including perhaps the most important human rights case of 2016, talk about a few family immigration issues, cover two interesting reports on the future status of EU citizens and family members, which give us two very different possible ways forward, run through a number of cases and then end with a couple of procedural updates, including on the commencement of “deport first, appeal later” provisions of the Immigration Act 2016.

The material is all drawn from the December 2016 blog posts on Free Movement.

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The downloadable 25 minute audio podcast follows the (non chronological) order of content below:

Asylum and human rights

• Strasbourg revisits approach to serious illness, medical treatment and Article 3
• Tribunal makes order requiring dental age assessment of young asylum seeker
• Latest SRA review finds mostly positive picture for solicitors working with asylum seekers
• New UNHCR guidelines on armed conflict and violence published

Family immigration

• Chief inspector criticises Home Office handling of sham marriage cases
• Upper Tribunal approach to proxy marriages conceded to be wrong by Home Office
• Home Office reviews Adult Dependent Relatives rules for parents and grandparents

EU law

• Parliamentary report recommends continuation of EU law for existing residents
• Report recommends cut off date for new arrivals from EU

Other cases

• Supreme Court criticises complexity of immigration rules (but dismisses case anyway)
• Court of Appeal has finally had it with the Points Based System
• New case on two year reconsideration period for EU deportations
• Nine convicted over student visa English test plot: BBC News
• Fair dismissal for failure to produce evidence of right to work in UK | Personnel Today

Procedural updates

• “Remove first, appeal later” provisions in force from today: new guidance published
• Form FLR(O) is dead. Long live forms FLR(HRO) and FLR(IR)